Page:Journal of Negro History, vol. 7.djvu/287

 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.

This government has proceeded to enact and enforce laws for three years, which not only affect life, liberty, and property, but which have received the general obedience of the citizens of the