CONGRESS, UNITED STATES. 



199 



effect whatsoever, even if he had proceeded in 

 a case where his jurisdiction would be undeni- 

 able. 



"This brings us to the question. Is there a 

 lawful government in Louisiana? A few facts, 

 it seems to me, will answer that question. 

 Whether these votes were counted and can- 

 vassed by a proper board or not, looking 

 through mere forms and figures to the reality 

 and substance of the case, the fact is undeni- 

 able and is undenied that MeEnery had a 

 majority of the votes according to the legal 

 returns. No question is made as to the legal- 

 ity of the returns. Their legality is admitted, 

 and it is admitted that according to those re- 

 turns McEnery has the majority, and that es- 

 tablishes bis right, and that makes it our duty 

 to recognize him as the Governor of the State 

 of Louisiana. 



" But what is said in answer to this? It is 

 aaid that the Supreme Court of Louisiana has 

 recognized what is called the Lynch board as 

 a legal board, and that having recognized that 

 board it necessarily follows that the persons 

 declared by that board to be elected are the 

 persons entitled to hold the offices : and that 

 the answer of the Senator from Indiana. 

 Now, Mr. President, I deny that proposition, 

 wholly apart from the question made by the 

 Senator from Wisconsin that the decision of 

 that Supreme Court of Louisiana was in a case 

 of which it had no jurisdiction, that all that it 

 said on that question was obiter dictum. 

 Wholly apart from that question, I deny the 

 proposition that the Congress of the United 

 States, in determining which is the true gov- 

 ernment in Louisiana is conclusively bound by 

 the decision of the Supreme Court of that State. 

 I assert that even if that court had possessed 

 the most complete jurisdiction under the con- 

 stitution of that State to decide that question 

 its decision would not conclusively bind the 

 Congress of the United States. Sir, let us see 

 how this is. 



"The case of Luther tt. Borden is referred 

 to ; and what was said by the Supreme Court 

 of the United States in that case in reference 

 to the effect of the decision of the Supreme 

 Court of Rhode Island, which is cited as sus- 

 taining the conclusion at which the Senator 

 from Indiana arrived? Why, sir, it does not 

 sustain it at all. Unquestionably the decision 

 of the Supreme Court of Rhode Island in re- 

 spect to the interpretation of the constitution 

 of that State is binding on the Federal judici- 

 ary, and that is all that that case decides in 

 respect to that decision ; but that case decides 

 this, and it is the important matter, that what 

 was the true government in the State of Rhode 

 I-l;i'id was a question to be derided by the 

 political department of this Government, and 

 that when the political department of this Gov- 

 ernment decided, the judicial department was 

 bound to follow that decision; but if there 

 were an absence of decision by the political 

 department of this Government, then in the 



absence of such decision the Federal judiciary 

 would be bound to follow the decision of the 

 State judiciary upon a question of the inter- 

 pretation of the State constitution and laws 

 That is alL 



" Sir, to put it in a plain light, suppose that 

 the political department of the Government 

 of the United States had recognized the Dorr 

 government, and the Supreme Court of that 

 State had recognized the other government as 

 the true government, which decision would 

 the Supreme Court of the United States have 

 followed, that of the political department of 

 the Federal Government or that of the judicial 

 department of the government of the State ? 

 We all know that it would have followed tlie 

 decision of the political department of the 

 Federal Government, although it was adverse 

 tp the decision of the judicial department of 

 the State. We all know the very principles 

 laid down in that decision would have required 

 the court so to do. 



" Now, sir, as the decision of the question 

 which is the true Legislature belongs to the 

 political department of the Government, and 

 the judicial department is bound, as was said 

 in Luther r. Borden by the Supreme Court 

 of the United States unanimously, by the deci- 

 sion of the political department, it follows as a 

 matter of course that we are bound to decide 

 that question for ourselves, irrespective of any 

 decision that the Suprtme Court of Louisiana 

 may have made. If we would not be bound 

 by the decision of the Supreme Court of the 

 United States, as that court has admitted we 

 would not ; if, on the contrary, that court is 

 bound by our decision ; if the highest judicial 

 tribunal in the United States cannot bind us 

 in deciding this question, how can it be pre- 

 tended that the decision of a Supreme Court of 

 a State can bind us ? Such an argument will 

 not bear investigation at all. The moment 

 you admit what was laid down in Luther tt. 

 Borden, and has been recognized as law ever 

 since, that the determination of the question 

 which is the legal Legislature in a State, who 

 is the legnl Governor of a State, belongs to 

 the political department of this Government, 

 and that the judicial department is bound by 

 the decision of the political, the moment you 

 admit that undeniable and incontrovertible 

 law, that moment you free yourselves from any 

 trammels created by this decision of the Su- 

 preme Court of Louisiana. 



"That being the case, we look at the facts 

 to find out which was the Legislature, and 

 pray what do we find? We find a body 

 claiming to be the Legislature established by 

 bayonets, under the order, admitted to be void 

 and of no authority, of a district judge of the 

 United states. We find that under an order 

 absolutely void, which the judge had no more 

 authority to pronounce than any Senator on 

 this floor, and by the employment "of troops 

 of the United States, a particular body of men 

 were inaugurated as the Legislature of that 



