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CONGRESS, UNITED STATES. 



I do not think that Mr. McEnery was in fact elected. 



"Now, can there be an election without a 

 result ? If he does not think that in fact Mr. 

 McEnery was elected on that day, he must 

 think in fact the other man was. That is the 

 question for Congress to determine, it seems 

 to me, before it is called upon to determine 

 whether it has the right constitutionally to in- 

 terfere. 



"In a case somewhat analogous, the New 

 Jersey case of 1840, known most generally as 

 the Broad Seal case, Congress took a direct and 

 thorough method of ascertaining the facts con- 

 nected therewith, as my friend from Califor- 

 nia (Mr. Hager) very well knows, for he was 

 counsel in the case. It may with some truth 

 be contended that neither the acts of a return- 

 ing board nor the order of a Federal judge can 

 impose a government upon the people of a 

 State, and that a government established by 

 either of such means is no more republican in 

 form than were it established by force of arms, 

 however it might subsequently rigidly comply 

 with the written form of a republican constitu- 

 tion. 



" It is the voice of the people alone that con- 

 stitutes a government under our institutions. 

 That 'governments derive their just powers 

 from the consent of the governed ' is an axiom 

 too familiar to be forgotten, and I contend that 

 Congress has not in its possession any evidence 

 worthy of regard that Mr. Kellogg is Governor 

 in violation of the consent of the governed ; 

 and until it is so informed, it can do no greater 

 wrong, can in no manner more widely depart 

 from its obligation as one of the coordinate 

 branches of the Government of the United 

 States to guarantee to Louisiana a republican 

 form of government, than unjustifiably to set 

 aside the present government in that State and 

 impose upon her people the necessity of mak- 

 ing another choice through the bill of the Sen- 

 ator from Wisconsin. 



" "William P. Kellogg is to-day Governor of 

 the State of Louisiana. He is recognized as 

 such by your Chief Executive, by your coordi- 

 nate branch of Congress who have admitted to 

 seats upon their floor members properly certi- 

 fied by him to have been elected. He is recog- 

 nized as such also by the Supreme Court of that 

 State, and Congress ought to be satisfied, before 

 it undertakes to overthrow him as the Governor 

 of one of the sovereign States of the Union, 

 that he holds the office contrary to the desires, 

 contrary to the expressed wish and intention 

 of the people governed. They should know 

 that, and they should know what the people 

 of Louisiana willed in 1872, and what their wish 

 is to-day, before they undertake to interfere 

 with him. There is not a particle of evidence 

 of that kind here. If he holds the office by the 

 wish and according to the intention of the peo- 

 ple governed, then his government is republican 

 in form under the constitution of that State, 

 and as all the evidence goes to show that he 

 does so hold it, those who would oust him from 



his position are compelled to show proof to the 

 contrary." 



Mr. Bayard, of Delaware, said : " Mr. Presi- 

 dent, in rising to discuss so grave and impor- 

 tant a question as the one now before the Sen- 

 ate, I must confess myself oppressed by the 

 scene the Senate-Chamber now presents. We 

 have just heard a most sincere, a most feeling 

 and able speech by a member of this body 

 upon a subject which he has truly declared to 

 be second in importance to none which could 

 be brought before the Senate. He has truly 

 said it not only involves the present and the 

 prospective welfare and happiness of a large 

 body of our own fellow-citizens, but the ques- 

 tions involved in the consideration of their case 

 enter into and affect the existence of our federal 

 form of government; and yet we have seen 

 upon the Administration side of the Chamber 

 scarce as many Senators as there are fingers 

 upon a single hand, and even upon this side 

 of the Chamber but few interested auditors. 

 Nevertheless it is not the part of a true man to 

 hesitate for want of success. Duty and duty 

 alone should he consider, and leave the conse- 

 quences to that Higher Power who in his own 

 good time will cause the right to prevail. 



" Mr. President, in the amendment which I 

 have offered to the bill introduced by the Sena- 

 tor from Wisconsin (Mr. Carpenter) I have re- 

 cited a series of facts relating to that commu- 

 nity which we term the State of Louisiana. 

 To recapitulate these facts not to take the 

 time of the Senate by having the amendment 

 read again, as it is fresh in our memory I will 

 merely state them, as follows : First, that an 

 election was held in the State of Louisiana on 

 November 4, 1872, in accordance with the con- 

 stitution and laws of that State, whereby certain 

 named persons comprising what was known aa 

 the fusion or McEnery ticket were elected to 

 the offices which constitute the government of 

 the State of Louisiana, according to the actual 

 count and the official returns of all the votes 

 cast at that election ; second, that the persons 

 so elected did organize in their respective offi- 

 cial capacities and did assume the functions of 

 office so devolved upon them according to the 

 constitution and laws of Louisiana and the elec- 

 tion held thereunder; third, that the defeated 

 candidates at this election did by the unauthor- 

 ized and illegal interference of the Federal au- 

 thorities, civil and military, obtain and hold 

 armed possession of the State-House of the 

 State of Louisiana and dispossess and exclude 

 the rightful officers therefrom; fourth, that 

 this usurpation by force of Federal power con- 

 tinues in defiance of the will of the people of 

 Louisiana, as expressed at their election, and 

 in violation of the constitution and laws of the 

 State of Louisiana and of the United States. 

 And the deduction from these recitals is that 

 it is the duty of the Congress of the United 

 States to repair, so far as is possible, the wrong 

 and injustice done aforesaid to the people of 

 Louisiana, and protect that people against this 



