Year: 1873




MA, SATURDAY, MARC
the State. The McEnery Government,
while existing de jure, was demonstra-
bly, elected, not so much by force, which
would bring It In conflict with the en-
forcement act, as by craft and cunning.


Tho committee Is Of the opinion that
a fair expression Of the wishes OF the
people would have elected kellogg, but
this was not had.


The second course to declare that q
republican government does not exist,
the committee approaches with extreme
reluctance. While there is a doubt Of
the power of Congress In the case, it Is
a power which should never be used
without just cause. Congress might
tomorrow declare that no republican
government exists in Massachusetts;
but such q procedure would be arbitrary
and unjust in the extreme. In the
case of louisiana, however, If Congress
neglects to act the Kellogg regime will
continue in existence only by Federal
usurpation. It therefore seems neces-
sary that republican government
should be established by the action OF
Congress, and to this end the committee
have prepared u bill rcciting the mode
Of procedure for n new election, under
the auspices Of the United States.


The report concludes as follows:


The people OF the State are about
equally divided in sentiment In regard
to these two pretended govcrnmcnts.-i
The people Of New Orleans, which is
the seat of government, support the
McEnery Government two to one, and
it is believed that if tho Federal support
was withdrawn from the Kellogg Gov
ernment it would be supplanted by the
McEnery Government In ten days. The
people of the State, rs Il body, neither
support nor submit to either Govern
ment. Neither Government can collect
taxes, for the people have no assurance
that payment to one will prevent col
lection by the other Government. Busi-
ness is interrupted aud public confidence
is destroyed, and should Congress adj
journ without making suitable provis-
ion for tho case, ono OF two things must
result: either collision and bloodshed
between tho adhcrents OF the two Gov
ernmcntS, or the President must con-
tinuc the support Of the Federal author
ity to the Kellogg Government.


The alternative OF civil war, or the
maintenance OF n State government by
military power, without the pretenso
of an election, is exceedingly cmbar-
rs,ssing, and in the opinion of your COM
mittcc the best solution OF this difficulty
Is for Congress to order u recollection,
and provide for the holding Of 1t under
the authority of the United States, to
the end that II government may be
elected by the people to which thcy
will submit, or which, in caso OF dis
turbnnce, the United States can honest
ly maintain.


Your committee have prepared n bill
which they believe will insure an hon
est election, and result in the establish
mcnt of Il republican form of govorn-
mcnt in that State, and your commit
tee recommend its passage.


We arc aware that ordering an clcc-
tion in u State upon thcground that an
election which has been held is void,
for fraud, Is an exercise of power which
ought never to be undertaken hy Con-
gross without stern necessity. 1t Will
be said that if such u power resides In
Congress, it may he exercised improp-
crly. This is true. But the Same may
be said of every power conferred on II
government.


The people in adopting the constitu-
ton of the United States have sccn fit
| to confer upon tho General Government
authority to guarantee to each of the
States government, republican in
form.


This undoubtedly confcrs the power
to determine whether Il particular
State has n government, and if so,
whether it be republican in form.
There is no doubt Congress might to-
morrow, as u question OF mere power,
declare that the Government of Massn-
chusetts is not republican in form, and
set up in it's place government which
it might determine to be republican in
form This would ofcour5c bc great
abuse of this power. When Il judge
has jurisdiction to decide cause, he
has as much power to decide it wrong
as right, and an erroneous judgment
is as valid as any other, unless it be
vacated or reversed by competent au-
thority.


In exercising this power, Congress
ought to act with great caution and
prudence. The clamOr usually raised
by those who are defeated In an cleo
ton ought not, and would not be like
ly, to induce Congress to interfere
ordinarily. Even n government elect


cd by fraud, but going quietly into the


,xnrcisr ri pouor and submitted to bv