Year: 1873

divided in sentiment in regard t) these two
pretended governments.


The people of New Orleans which Is the
seat OF government, support the MCEnery
government. two to one, and it is believed
that II the federal support were withdrawn
from the helloTg government it would be
supp!anted by the McEuerv government in
ten days. The people of the State. as a
body. neither support nor submit to either
government. Neither government can col
lect taxes, for the people have no assurance
that payment to one will prevent the cot
lection by the other government Business
Is interrupted and public confidence is
destroyed, and should Congress adjourn
without making suitable provision tor the
case. one of two things must result-either
a collision and blo0dshed between the ad-
herents of the two governments, or the
President must continue the support of
federal authority 20 the Kellogg govern
ment.


The alternative of civil war. or the main.
tenance OF State government by military
power without the pretense of an election
Is exceedingly embarrassing, and, in the
opinion Of your committee, the best soLu-
ton Of this difficulty is for Congress to or.
der reelection, and provide tor the hold,
ing OF It under the authority of the United
States, to the end that a government may
be elected by the people to which they will
submit, or which, in case of disturbance
the United States can honestly maintain.


Your committee have prepared a bill
which they believe Will insure an honest
election. and result in the establishment OF
republican form of government III that
State. and your committee recommend Jts
passage.


We are aware that ordering an election iB
State upon the ground that an election
which has been held is void. is an exercise
OF power which ought never to be under
taken by Congress without stern necessity
1t will be said that ii such a power resides
in Con- gress 1t may be exercised ImDrOperiy
This is true. But the same NAV be said OF
every power conferred on government.


The people, in adopting the constitution
of the United States, have seen tit to confer
upon the general governmt mt authority to
guarantee to each of the States "a goverp-
ment, republican in form.


This undoubtedly cOnfers the power 20
determine whether particular State has II
government and if so whether it be repub-
lican in form. There is no doubt Congress
might tomorrow, as a question of mere
power, declare that the government Of
Massachusetts is not republican in form
and set up IN its place government which
it might determine to be republican in
form. This would of course be q great
abuse Of this power. When Judge has
jurisdiction to decide cause he has az
much power 10 decide it wrong as right
and an erroneous judgment is as valid as
any other unless it be vacated or reversed
by competent authority.


In exercising this power Congress OugBg
TO act with great caution and prudence
The clamOr usually raised by those who
are defeated in an election, ought not and
would not be likely to induce Congress to
interfere ordinarily. Even a government
Il. 1
exercise OF power and submitted to by the
great body of the people, may better be
left 10 fill its brief term than be interfere0
with by Congress. Bat when the frauds
committed are SO glaring and widespread
as 10 create public discomfort in the State.
and the organization OF two rival govern
ments, threatening civil war, and il being
manifest that neither government has been
fairly elected, the existence OF this
power in the national government must be
regarded as wise and salutarY. 1t can not
be maintained that prudent exercise ol
this power violates the rights OF the States.
because the States, for their own protection
and security, have conferred the power
upon the national government, and this
government can not refuse or neglect to
exercise this power in a proper case with
out disregHrding the obligation which the
constitution has devolved upon it. And.
we tHlhk. tue LntLdHCHO!V COnulIlOn ol INb
people Of Louisiana, who are substantially
in state .! anarchy, makes it the duty Of
Congress to act in the premises. Therefore.
your committee recommend the adoption of
the following resolutions:


Resored, That there is no S'ate govern
ment at present existing in the State of
Louisiana.


Rcsoired, That neither John Ray nor w.
l.. McMlen is entitled to a seat in the
S+at.. 20 har haxr
elected by the Legislature of the State Of
7