The Journal of Negro History, Volume 7, 1922Various
History
The Journal of Negro History, Volume 7, 1922
Various
African Americans -- Periodicals
When I entered upon my duties here as Senator from Mississippi,
the question ceased to be novel, and had already been elaborately
and exhaustively discussed. So far as opportunity has permitted
me to do so, I have dispassionately examined the question in the
light of the discussion, and I venture my views now with the
diffidence inspired by my limited experience in the consideration
of such questions and by a just appreciation of the learning and
ability of the gentlemen who have already attempted to elucidate
and determine this case.
I believe, Mr. President, whatever seeming informalities may
attach to the manner in which the will of the people was
ascertained, Mr. Pinchback is the representative of a majority of
the legal voters of Louisiana, and is entitled to a seat in the
Senate. In the election of 1872, the white population of the
State exceeded, by the census of 1872, the colored population by
about two thousand, including in the white estimate 6,300
foreigners, only half of whom were naturalized. This estimate, at
the same ratio in each race, would give a large majority of
colored voters. The census and registration up to 1872
substantially agree, and both sustain this conclusion. The census
of 1875, taken in pursuance of an article of the State
constitution, gives, after including the foreign population
(naturalized and unnaturalized) in the white aggregate, a
majority of 45,695 colored population.
This view of the question is submitted not as determining the
contest, but as an offset to the allegation that Mr. Pinchback
does not fairly represent the popular will of the State, and as a
presumption in favor of the legal title of the assembly that
elected him.
The State government elected in 1872, and permanently inaugurated
in January 1873, in the face of contest and opposition, obtained
for its authority the recognition of the inferior and supreme
courts of the State. When organized violence threatened its
existence and the United States Government was appealed to for
troops to sustain it, the national Executive, in pursuance of his
constitutional authority and duty, responded to the demand made
for help, prefacing said action by an authoritative declaration,
made through the Attorney General, addressed to
Lieutenant-Governor Pinchback, then Acting Governor, of date of
December 12, 1872, that said Pinchback was "recognized as the
lawful executive of Louisiana, and the body assembled at
Mechanics' Institute as the lawful Legislature of the State"; and
similar recognition of his successor was subsequently given. When
in September 1874, an attempt was made to overthrow the
government, the President again interposed with the Army and Navy
for its protection and the maintenance of its authority.
Public-domain text, read in full here on John Shaqi.
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