The daily gazette., 1875-03-15
me PinchG0cE Debate i'm tho
Senate.
speech of MIR. Salisbury.

=. speech of MIR. Sauisbury
Mr: SALISBURY Oem., Del. denied
that Kellogg was Governor of Louisi-
ana by virtue of election by the Deo-
PIE ana no Senator on this floor he.
lieved he was.
Mr. Howe, Rep. Wis.) said he waa
one Senator who believed it as much
as ne believed the Senator from Della.
ware was now speaking. He believed
1T from circumstantial evidence hofore
the Senate.
Mr' salisbury, resuming his argu-
mont, SAID the election in Louisiana
;n 70 ~ IN Its results, was decidedly
IN iavor OF the Democratic party. Il
was accepted as such by the country,
ahu Tue popular heart throbbed with
10y tnat the condition of affairs in
Louisiana was to be better, but then
came treason against the State, and
uusurpation took the place of the legal
government, He then referred to the
acuon OF President Van Burcn in re-
Iuslng TO allow the use of the army in
pennsylvania, during his administra.
Iion, wlen there was trouble in the
Legislature OF that State, and said he
wished President Grant had followed
the example of his predecessor.
MR. CHRlsTIANCY OPPOSES PINCH.
BACKS ADMISSION
Mr. Christiancy (Mod. Rep. MichD
SAID as he had not been in the habit of
oral discussion for the last eighteen
years he had reduced what he had TO
say to writing, and, with the permis.
sion OF the Senate, would read It He
then read as follows:
Ihe question we have before ia IN
on the admission of Mr., Pincbback
as has already been well remarked. il
not mere partizan or political. but
legal and constitutional question. de-
pending, however, as all legal uues-
tions do, upon the facts to which the
law ii to be applied. What are these
facts in the present case? 1t is con-
ceded that the Legislature, by whose
votes he claims to have been elected.
ana the Governor, whose certificate
ne holds, were elected, il elected at
all, in November 1872. The Senator
from Indiana, who has argued this
question with his usual and ackuow-
LEGGED ability and adroitness. and
who has placed the right of MIR.
Plnchback upon the grounds unon
which it must stand, if it can stand Mt
all, in one, and, as | think, the most
important branch Of his argument,
that claims that the only fact mater.
ial that the question is the certificate
In due form from Mr.. KELLOGG. nnr.
porting to the Governor of Louisiana
and under the seal supposing TO be
the seal of the Pinchback election as
senator, that this constitutes a prima
facie case and entitled the applicant
to admission as member of this
body, and to be sworn in, and that if
the body purporting to be the Legis.
lature, who elected him, or Kellogg.
who signed his certificate, was NOT je.
gally elected, and the election did not
make the one Legislature nor the
other Governor, these facts can only
be shown after Pinchbacks admission
here for the purpose of expelling him.
Where the legal existerce of the Legis.
lature, pHrporting to make the elec.
tion, is conceded, or not seriously
qaestioned, and the point of contest
Is whether they have proceeded regu-
larly, or by sufficient vote, or weth-
er the person elected is eligible to the
office, concur fully in this rlle that
the certificate in due form entities the
person in whose favor il is issued to
his seat, subject to be expelled upon
subsequent inquiry into the facts, and
1t is to cases of this kind that the pre-
cedents establishing the rule mainly
and exclusively relate.