New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-01-27
BY GRAPH.
CONGRESS-.
tiOuses


bills introduced to-day were those for pen
sioning the widows of soldiers of the Mex
lean war; for pensioning the widow of the
late Joseph l.. Orr, OF South Carolina; for
an army survey of ship canal from Lake
Michigan to the Mississippi river, near
Cairo; by Mr.. Mills, of Texas, for removing
troops from the Southern States to the
border for frontier protection; by Mr.. Hays,
for furnishing army ratiOns to destitute
people in the South.
The West Virginia election question was
resumed.
The morning hour having expired, Mr..
Morton, OF Iudiana. was recognized by the
Chair.
Mr.. McCreery raised a point Of order that
he was entitled to the floor to address the
Senate on Louisiana affairs.
The Chair overruled the point.
Mr.. Morton moved that the Senate pro-
ceed to the consideration of the resolution
in regard to seating =. B. 5. Pinchback as
Senator from Louisiana.
Mr.. Stevenson. of Kentucky. raised the
question of order that when the Louisiana
matter was last before the Senate, his col
league Mr.. McCreery) was entitled to the
floor to address the Senate on that subject.
He did not see how he could be deprived
of the floor now.
The Chair overruled the point of order
on the ground that the Senate did not ad-
iourn while the Louisiana resolution was
pending. Had the Senate adjourned while
it was pending, the Senator from Kentucky
(Mr. McCreeryl would now be entitled to
the floor.
Mr.. Hamlin offered an amendment to the
motion which the gentleman from Indiana
(Mr. Morton) few days ago gave notice
that he would make, to the effect that P.
B. S. Pinchback be allowed to take his seat
in the Senate upon taking the necessary
oath. and that the Committee on Privileges
and Elections subsequently consider che
grounds upon which his seat il contested,
and report to the Senate.
The Chair ruled the amendment out Of
order. The motion OF the gentleman from
Indiana (Morton) being to recommit, and
was, therefore, entitled to the precedence.
Mr.. Morton said he had not yet formally
entered his motion, but had only given no.
tice that ne would do so.
The Chair then ruled an amendment in
order.
Mr. Morton then review ed his argument of
a few days ago, as to the validity of the kel-
logg government and the legality of the
Legislature electing MI Pinchback, and the
federal government being bound by the de-
cieion of State tribunal upon the ques-
ton Of State law or State constition. Ii the
government of the United States assumed
the right to go behind the decision of a
State tribunal upon such question, there
was an end of State government. Since
that argument, he said he had received in
formation charging Mr.. Pinchback with
procuring his election, and of conduct in
connection with his election, which, if true.
rendered it improper for him pinch
back to have seat on this floor.
10 Mnvfo wiz Inn n
for his duty as Senator, did not feel at lib
erty to withhold that information from the
Senate Had he withheld it it would have
been an assumption on his part that Mr..
Pinchback should be at first seated, and the
investigation made afterward. He thought
it his duty to bring the information before
the Senate, and let the question devolve
upon the Senate whether Mr.. Pinchb back
should be first seated and then investigated,
or whether the investigation should be made
first. He, therefore, moved that the ere
dentials of Mr. Pinchbatk be recommitted
to the Committee ON Privileges and Elec-
tions, and that said committee have power
to send for persons and papers; and be in-
structed to investigate as to the conduct of
Mr.. Pinchback in connection with said
election.
Mr. Carpenter Mr.. Thurman in the chair
said he desired to submit some remarks on
the Louisiana question, but it would be i'm
possible for him to do SO today on account
of severe cold He therefore hoped that
after the gentleman from Kentucky (Mr.
McCreery) closed, the question would be
deferred till Wednesday in order that he
might address the Senate.
Mr.. McCreery said all were equally inter
ested in the perpetuity of our republican
institutions, and where honesty was the
purpose it was not the policy OF one party
to apply barsh epithets to its adversaries.
no matter how much their opinions might
be condemned. He knew he would be
unable to do justice to this important sub
iect or to meet the expectations of Senators
in these days Of baretaced impudence.
1t was fearful to contemplate the condi-
tion of affairs in Louisiana. When the
trouble first originated in that State the
Senate of the United States had responded
to the general alarm by instructing one of
it's ablest committees to inquire into the
State government there, by whom consti
tuted, etc. That committee had worked
faithfully, and mass of testimony was
collected which threw light upon the sub
ject, but now when the time comes for its
use--producins the volume of testimony
the chairman of the committee (Edmunds)
tells us it is useless. 1t was work of his
creation, and yet he thought il useless. He
tMcCreery) could find nothing In history
without going back some two thousand
years to equal the humility of the gentle
man. The contents of that volume OF testi-
inony should be upon the memory of every
Senator here, and it showed tho true
condition of affairs in Louisiana.
He argued that it was too late now to
talk about prima facie case for Mr.. Pinch
back, after the proof had been heard. The
evidence had been taken, and would satisfy
the minds Of Senators of the existence, or
OF legal State government
in Louisiana. He thought there never was
a case analogous to the present, on the
American continent or any ywhere else under
the sun. If Mr.. Kellogg had received
a majority Of the votes, he was Governor of
Louisiana; but, if he had received q minor
ity, and had been seated in his office by q
federal Judge, backed by the army OF the
United States, then he was an intruder, and
had no right to be there.
The Senator from Indiana (Mr. Mortonj
had paid glowing tribute to the Kellogg
but he (1r. McCreery) never
having had his attention called to the ex.
cellency of that institution, was taken By
surprise. He thought it an instance of de-
fenso in advance of the attack. Those
enamored with the Kellogg administration
lived farthest away from its influence.
T Laughter on the floor and galleries. Again
the Senator Mr.. MOrton) had spoke of the
decision of the court being final No one
knew better than the Senator himself that
it was essential that the court should have
jurisdiction.
He reviewed the testimony taken last
winter at some length. The work of seat
ing Kennard on the Supreme bench of the
State SO hurriedly, which, he said, reminded
him of the old Indian pastime Of running
the gauntlet. with lick and kick at
every step. He argued that the Supreme
Court of Louisiana had expressed itself
favorable to the Kellogg government before
it was called upon to decide; as it was true
that James F. Casey, collector of the port,
the President that the Supreme
Courf u,oc kpowD m ho in svmnofhv with