The New York herald., 1875-03-11
SENATE.

WASHINGTON, M0rCn 10, 1875.
Immediately afSer the reading OF the journal the
Senate resumed tho consideration Of tho resou.
ton for the admission OF Mr.. Pinchback and Mr.
MKnRMoN, (dem.) OF N. c., continued his argu.
ment. He cited various prtcedents to show the
practice OF the Senate had not been to seat
Senator'S on prt,nd fdcfe case. In tho case oil
stark from Oregon, in 1862. the credentials were
IN due form, he having been appointed by the
Governor to I'LL vacancy; but. when the creden-
tlas were presented, 1t was suggested by some
Senator that stark had used language hostile to
the government, and the creden tals were referred
for investigation.
He was finally admitted, though not until after
she investigation had been mace.
Mr.. MERRIMoN next referred 10 the cases of
Messrs. Goldthwaite, from Alabama; Blodgett
from Georgia, and Ransom, from North Carolina,
and said they were not seated on prtnsa Jracte
case but their credentials were referred. lie
next read from the report OF Mr. TrumDull or ILL
nOis, made to the Senate in 1878 and argued that
Inc McEnery or fusion ticket had a majority OF
10000 votes in the election OF 1872. If Judge
Durell had not interered yhe McEnery govern.
ment would have been quickly organized and ac-
quiesced IN by the people. He could NOT see how
any man having fair and just mind could doubt
the fact that McEnery was elected. the Senate
knew, the country knew aud the world knew
that the McEnery government was su Impressed by
the federal army. The President in his message
told Coneress that but ior the presence OF tne
ment could not stand in LOUISIANA an nour. Tue
Lynch Board, whica counted in Kellogg, never
mad any existence ln Law. IL was abolished by the
act OF March 20, 1872 Even II It had legal exist.
ence 1t never had any vote before 1t to count and
therefore never ascerJained mat Kellogg was
elected Governor. rne De Ferrat Returning Board
was tho legal board and had the vote before 1t.
THIS board 1ound That McEnery was elected. The
Senator from Indiana (Alr. Morton) had declared
the action OF the supreme Court Of Louisiana was
binding upon Congress. tie tMr. Merrlmon) denied
tnat was. Tne power OF the Senate to determine
elected n
and could not be abridged oy any federal or Stale
authority. In the leaong decision OF that Court,
quoted by the senator from lndiana, 1t was PLAIN
that the Court had no jurisdiction. ana therefore
the decision had no weight or effect whatever.
ana mad conspired with the Kellogg government
TO sustain and uphold it, Some ol the judges of
that Court were under direct Obligations to kel-
logg James F. Casey. IN telegram to the
President. dated December II, 1872, 81 ated
that the supreme Court was known
State government. How did Casey Know the
opinion OF the Court before the decision relied
upon by the Senator from Indiana (Mr Morton)
was rendered? Every man having any sense OF
justice must acknowledge that any Sci OF judges
giving :heIr opinions on such uestons in advance
deserved to be impeached and turned OUT OF
ollce. He then referred to tue resolution of the
House OF Representatives, recognizing the Kellogg
government. and argued that the House mad
right TO pass that resolution. Where was the
authority under the constitution for The House to
recognize any State government? Neither could
the senate pass such reso luton. All the senate
could DO was to say whether PlachpacS should be
admitted as SENATOR rom the state OF
LOUISIANA. He argued that the House
had stultfed Itself by the passage OF thar
resolution, as 1t had refused TO seat members
elected on the Kellogg ticket and had seated mem.
bers elected on the McEnery ticket. lie denied
that Kellogg was the de JictO Governor OF Loulsi-
ana, and read various authorities to show what
constituted de JGcto officer Kellogg, not being
Governor de G7ctO or Governor de jore, was
mere naked usurper. lie ne xt spoke OF the duties
oil the federal government under the guarantee
clause OF the constitution, and said the PresidenC
had erred IN MIS- course toward Louisiana. He
(Mr. Merrimon) now asked tnat the President
should correct his own error. II he would not do
1t then 1t was the duty OF Congress to 90 so. He
mad hoped tnat the President would rise above
oil parry feelings, ana all Presidents should be
above party interests. The President, looking only
to the constitution. should correct mis- own error
and spurn tne bad men who have led MN astray.
IL he (Mr. Merrim0n) was o republican, support
ing the administration, he would a0vlse the Pres.
ident to correct his error. Kellogg ought TO be
displaced by the President. ii he would not do IT.,
then Congress should do It and allow the lawful
government OF the State 30 take It's place. For
one he was ready now to cast his vote against the
admission oil tnls applicant ana also TO reverse the
action OF the President.
Mr. McCEEERY. !dem.) OF KY, took the noor, but
before proceeding win his argument yielded for
motion Tor an executive session, and at two
O'Clock the senate proceeded 10 the consideration
VI executive business
At thlrty-fivc minutes after two r. NJ. the doors
were reopened and the senate adjourned.