The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-03-15
ByTeIegraph
ASSOCIATED PRESS REPORT.
TO THE DAILY LNTELLIGENCER
U. S. sENATE..ExTRA SESSION
WAsnlNoroN, March l3.


The unfinished business being the res
olution for the admission Of PinchbaCk Us
Senator from Louisiana, it was called up
Immediately after the reading Of the
Journal.
Mr.. Elmunds moved to amend the
resolution BY inserting the word mot"
before the word admitted, so it would
read,
Resolved, That Mr.. Pinchback be not
admitted Us Senator from Louisiana,
The question being ON the amendment,
Mr.. Eduunds said it was tho understand
ing that vote should not be taken to-
day, and he would not, therefore, ask the
Senate to vote now.
Mr.. Thurman then took the floor and
spoke in opposition. lie said the LOus.
lana matter had been discussed up hill
and down hill, but II no Senator was
ready to speak now, he would say q few
words BY way Of taking his leave Ol the
subject. IN the course Of his argument
hc referred To the decision Of the Supreme
Court Of Louisiana, recognizing the kel-
logg government, aud insisted that court
had no jurisdiction whatever in the case.
The decision Of u State court was not
binding upon the Senate. The Senate was
the exclusive Judge Of every question
in regard To the election, qualifications
and returns Of It's own members, and that
power could not be surrendered, No
tribunal under heaven had any authority
over the Senate in deciding on the quail
liCatiOns Of It's members.
Mr.. Morton said decisions OF State
courts were binding upon the Supreme
Court Of the United States in cases in
vOlving the constitution and laws Of u
State, and not involving the constitution
and laws Of the United States.
Mr.. Thurman said the Senator (Mor.
tom had been away from tho bar 20 long
that lie had become rusty IN Law. lie
again quoted from various legal author.
tiles to show that decisions Of State
courts were not binding upon the Supreme
Court Of the United States.
Mr.. Morton desired to have read Ger.
tain decisions.
Mr.. Thurman hoped he would not be
further Interrupted. II the Senator
(NOrton) desired to read for the purpose
Of rnlightcning himself, It would take
more time than he could spare. Laugh
ter,
air. Morton then rcad from decisions
Of the Supreme Court Of the United
States in support Of his argument,
Mr.. Thurman, resuming, referred Ia
the argument Of the Senator from
Indiana (MOrtOnl made few days ago,
to the effect TINT the action Of the Presi'
dent in recognizing the Kellogg govern.
mcnl was binding upon. the Senate, and
said It was Just the opposite. i wns the
decision Oi the Senate and House Ol
Representatives which wAs binding IN
the President and not his binding upon
Congress.
Mr. Morton said the Senator from
Ohio had been guilty Of discOurtcsy
in accusing him (AtOrton) Of being grusty,
though he muat say II was n very rare
thing for that Senator TO he diScOrteOns
The Senator (Thurmnnl had also charg.
cd him with being ignorant Of the laws
Mr.. Morton then argued that the Senator
from Ohio by his own citations and
arguments had proved himself 10 be ig'
n0rant Of the law.
Mr.. Thurman disclnimcd any intcn'
ton Of being liscortcons and said II lie
had been away from the bar MS long Us
the Senator from Indiana lie would mol
take it us discorlcous II any Senator
shonld accuse him Of being rusty,
Mr.. Whytc followed in favor Of Ed
munds, and at the conclusion Of his ar
gument the Senate went into Executive
Session and soon afterwards adjourned
till Monday.