The New York herald., 1873-12-17

the amount OF taxes collected TO be larger than
heretofore during similar period, and argued
that the credit OF the State to-day was oetser .an
ever before. lie denied the right OF the Senate 10
say that Mr. Kellogg was not Governor,
alter both the President and House Of Representa-
tlves had acknowledged him 10 be Governor. Mr.
Morton then had read the proclamation by the
President, OF May ~. 1878, and despatches OF Al
oney General Mans ,ne senS keoag S
The President had also acknowledged the Legisia-
ture OF the State. The one which elected Mr..
Pinchback was the only Legislature which ever
acted. II would hardly be pretended on this f1oor
that General Mcmillan elected by the bogus Legisa-
ture was entitled TO take his seat here The Kellogg
Legislature had been sustained by the Courts. The
Supreme Court OF Louisiana was composed OF men
OF the highest ability and there could be no question
as to the legality OF that tribunal The decision OF
State tribunal upon any question OF the laws OF
the state was final, and from such decision there Is
no appeal The United States is bound by such de-
cison. He did not believe the doctrine OF state
sovereignty but did believe in the doctrine OF State
rights. He believed the State had rights which
were sacred and invi0late, and Congress had no
right to encroach upon them. II the States have
not the right to pass upon their own laws, then
there is an end to State government.
Mr.. STOCKTON inquired as TO what power was
exercised to overthrow the State governments OF
the South under the reconstruction acts.
Mr.. MORTON replied, that was done by Congress
and not by the Senate alone. 1t was the exercise
OF great power, but Congress had the authority
to do II. Continuing his argument he said the Su-
preme Court OF Louisiana had the right to pass
upon the legality Of the Returning Board OF the
State, and from that decision there was no appeal
Mr.. STOCKTON declared that all great lawyers had
maintained that the Senate had the power to in
quire into the legality Of Legislature electing q
Senator, and he did not think that doctrine could
be successfully disputed. sH
Mr.. MORTON replied the President had deter
mined who was the Governor and which was the
Legislature OF Louisiana. The House Of Repre-.
sentatives nad agreed with the President. The
State OF Louisiana was wrOnged every day that
Mr.. Pnchback was kept out OF his seat. To deny
the State the right to decide as to the legality OF
Returning Board. or the organization OF its own
Legislature, to strike at the very iounda1on of
State government. He had been q Rised that this
case was to be made the basis OF an attack upon
the administration for its acJiOn In regard to
Louisiana. He hoped not. The admission OF Mr..
and should be decided without any regard to
politics He hoped he had too much respect for
himself. when called upon to decide such Q case.
to keep democrat out and admit a republican If
the evidence should be in favor Of the former:
If there were Senators In this body who would
go into the politics OF Louisiana he begged
leave to say that he would follow them, as he was
somewhat familiar with the affairs OF that State,
and had in his possession the original documents,
which would throw much light on the subject.
Mr.. MCCREERY, (dem) OF KY, gave notice that
he desired to speak tomorrow.
At a quarter to three O'Clock the Senate went
into executive session.
At five O'Clock the doors were reopened and the
House resolution to adjourn over during the hol-
idays from Friday next, and the House bill to re-
peal the Bankrupt act were read the first time and
laid over till tomorrow.
Adjourned.