The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1875-03-12
SENATOR MORTON ON LOUISIANA.

MI. nOftofs vi ltbNitttit, CcitSu up tttC
resolution submitted by him on Friday
last for the admission of Z. y. S.
Pinchback as Senator of the United
States from tho Senate of Louisiana for
six years from March 4, 1873.
Mr.. Morton said, as chairman Of the
Committee on Privileges and Elections,
he had been brought into contact with
this Louisiana question since it first
came before the Senate in 1872. AS
chairman of that committee it was his
duty to present to the Senate the ques-
ton OF the admission of Pinchback as a
member of the Senate. So far as he
(Morton) was personally concerned, it
afforded him no pleasure to advert to
this Louisiana question again on the
floor of the Senate. He would be quite
willing to have the vote taken without
saying word, but for the fact that Il
number of new Senators were present
who probably were not as familiar
with all the facts as the old Senators.
He therefore felt it to be his duty to
present to the Senate again the ground
upon which the Committee on Priv
ileges and Elections reported in favor OF
seating Pilchback. Mr.. Morton then
reviewed the organization Of the Senate
government of Louisiana; the organi-
Zation of the Legislature which elected
Piuchbac!l, etc, and id the first qles-
ton he would present to the Senate was
what are the rights Of Pinchback under
the certificate of election now before
the Senate. His first proposition was
| that Pinclback had Il prima facie case,
which entitled him to be sworn in, ana
any objection as to the manner of his
election or the character of tho body
which elected him must be inquired
4 i,,.I II sit Mn,
the beginning that the certificate of cleo
ton signed by a Governor was the
proper evidence OF Il right to seat upon
this floor. He then referred to the con-
tested case of Spencer, from Alabama,
in 1871; GoIdthwaitc, from the same
State, in 1872; General Shield, from H.
linois, in 1919, and the Rhode Island
ease of Potter against Robbins in 1882,
and argued that it was Indispensable to
the integrity OF the Senate that it
should be the intleXibie rule that a
member holding the proper credentials
should be admitted to Il seat, otherwise
e-third of the body might be admit
| ted to seat, otherwise One-third OF the
body might be objected to and excluded.
The organization OF the Senate must he
complete, and it could be in the power
of any party by f;lctious opposition to
exclude Senators.
The next question he desired to pre-
sent was whether Kellogg was Cover
ncr of Louisiana in 1873. If he was,
Pinchbac> had a prima facie case and
was entitled to be sworn in. The ac-
ton OF Il Governor of State must be
received until it was determined by
both houses of Congress that he was
not the lawful Governor. 1t was the
right ofa State, through, her own tribu-
mails, to determine all questions arising
under State law, and the decision of
the State courts upon such questions
was binding upon the government of
the United States. The political de-
partmcnt of this government, Congress,
might determined as to which was Il
lawful government of IL State, but that
power could not be exercised by one
house Of Congress; it must be by both,
and until both houses decided different
w. the States government in actual
existence must be accepted. This was
Il question above all party considera-
| tions. lie was determined that the
| province of Il State should not be in
iriugcd; that the state must be protect
cd in rights, and among these rights
was one that the State, through her
own tribunals, should determine who
were her officers. If the government of
the United States shonld review Il State
election and say who was elected Gov
ernor or State Treasurer, then tho State
government would exist only by suffer-
uncc, and then, indeed, would we have
Capitalization.
Mr.. Morton then referred to the con-
stitution and laws of Louisiana, and
argued that the Legislature which cleo
ted Pinchbucll was organized according
to the laws of the State. lie said kel-
logg WAS Governor in point OF fact. He
had made Recommendation to the Leg
which that body had acted
upon. The Legislature had submitted
all their cnactmcnts to him, over two
hundred in number, Il majority of
which had been approved and others
vetoed. lie had been recognized by
all the courts in the State, high and
low, as Governor. There had been but
one government in Louisiana and but
one Legislatures. The MclIncry gov
rrnmcnt existed only on paper it never
had any legal existence. 1t never
assumed to act as the government OF
the State, except to send Il man here for
to the Senate. The Kellogg
was the only government,
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