Year: 1873

ger going to wreck ard ruin.


The Louisiana Case.


ALouisiana Democrat furnishes the
following we'll written argument to the
Washington Chronicle of the tenth
instant:


This is the first time in the history
of the United States government that
the proposition was ever made that
Congress has the power under the
constitution to annul and set aside an
election for State officers, whether the
same had been fairly or unfairly con-
Quoted. tits a monstrous proposition,
and one which will startle every con-
stitutional lawyer and believer in the
necessity for standing by the limita-
ton of the fundamental law Of the
land. 1t is the longest stride toward
centralized government of the fed
eral capital that has yet been made.
For if Congress can set aside an cleo
ton in one State it can do the same
thing in any other State. What is the
use for State courts if Congress can
set aside and annul their decisions Z
The validity of a State election, so far
as regards State officers, is purely a
judicial question, which the local
courts alone have the power to deter
mine; and in the case of Louisiana
they have determined that Mr.. kel-
logg and other officers associated with
with him were duly and legally cleo
ted-at all events they have deter
mined that the Legislature now sit
ting at the State-House at New Or
leans, with which Mr.. Kellogg is CO.
operating, is the duly constituted law
making body Of Louisiana, and that
the board Of returning officers of cleo
ton which declared Mr.. Kellogg to
have been elected Governor is, OF was
at the time, the law wful ulreturning board.
1t is true that their returns may be
contested by the defeated candidates,
but they must proceed under State
laws and before State tribunals, unless
they can allege that they were de-
featcd by reason of the rejection of
votes OH account of trace, color, or
previous condition of servitude;" in
which case they may proceed in the
federal courts under the enforcement
act of Congress.


It is said that Congress has the
power, and that its duty to guarantee
to each State a republican form of
government" So it has, but no one
contends that the form of government
in Louisiana is not republican. The
persons from that State who are COM
planning to Congress at the present
time do not allege that there is any
thing wrong in the form of the gov
ernment there. On the contrary, they
allege that McEnery and his associates
in the Legislature now sitting in Odd
Fellows Hall at New Orleans, and
claiming to be the legal State govern
ment, were duly and legally elected.
If they were to allege otherwise, they
would simply Estate themselves out
of court" as the lawyers say. What
they want Congress to say is that the
support given by the executive power
of the United States to MIR. Kellogg
and his colleagues should be with
drawn. They want Congress to rec
ognize and pat in power the McEnery
government. Who are the complain
ants before Congress9 They are the
Democrats of the State, led by Mr..
McEncry, and they contend that the
election was peaceably and fairly con-
Quoted, and that they were elected.
That is the position taken by Governor
Warmoth, who seems to be conduc-
ting the case OH the part Of Mr.. Nc
Emery aud his colleagues before the
committee of Congress. The defen-
dants in the case are Governor ,Kel-
logg and his associates, who contend
not that the election was q fair one,
but that the frauds committed by the
State officers under Governor War
moth were met and defeated by pro-
ceedings in the federal court at New
Orleans, instituted under the provis-
ions of the act of Congress of May 81 ,
1870, commonly known as the enforce
ment act. This suit was decided i'll
favor Of Mr.. Kellogg, in the lower
court, but an appeal was asked for
by the defendants, and may yet be
granted although the judge below
refused it. It is in the power Of the
appellants to apply to the Supreme
Court of the United States for a writ
of mandamus, commanding the judge
at New Orleans to grant the appeal
prayed for. The case is, therefore, yet
pending. Now, suppose the Supreme
Court were to affirm the decision OF
the lower court and say that Mr.. kel-
logg was entitled to the injunctions
and other relief granted him by Judge