New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-03-16
THE SENATE.

THE SENATE.
| WASHINGTON, March l5.-In the Senate
to-day the resolution for the admission. o1
Mr.. Pinchback being before the Senate Mr.
| Ferry. OF Connecticut, said the Senator
from Indiana (Nlorton) few days ago ar
gued that when the President was called
upon to suppress domestic violence under
the act OF 1895, his compliance with the call
involved the determination of the law
| fuiness of the authority making the call.
and that the Senate was conclusively bousd
by the action of the President. He (Ferry)
did not concur in that argument. The
| proposition was repugnant to the cOnstitu-
| ton in its plainest terms, and destructive of
| the independence of both houses of Con.
gress. The Senate derived it's powers from
the constitutions; it required no legislation,
no act of Congress, to define the mode BY
| which the Senate should exercise it's powers.
The President derived his authority from
the act of 1895, but the Senate had the
power to inquire into the election of any of
| it's members before the act of 1875 was passed.
If the effect Of that act was to confer
upon the President the power to determine
| conclusively upon the legitimacy of the
Legislature electing Senator or the ex.
ecutive Of the State signing his credentials,
| SO as to control the Senate when making
| inquiry as to the election of member, then
the act was void. He Ferry did not.
however, give to the act of 1895 any such
construction as that placed upon it by
the Senator from Indiana (M0rton). Mr..
Ferry then argued that the Senate, in
judging of the election of its member was
| not bound by any decision of the President
which might be made incidentally by him
solely for the purpose of preserving tho
peace. All the President was doing in
Louisiana was to keep tie parties from fly.
ing at one another's throats, and in the
meantime the strange assertion was set up
here by the Senator from Indiana that the
Senate or House of Representatives was
bound by this incidental decision. Ii this
proposition was true, then even if the SEN
ate should find that the person signing the
credentials OF the applicant was not the
isiature which elected him was not the
legal Legislature, yet the Senate
must accept them both solely because the
President has SO decided. He Ferry knew
it was proposed to argue before this debate
was finished that the report OF the Senate
committee which investigated Louisiana
matters in 1873 was false in point OF fact.
1t was too late now to set aside that report,
which was based upon 600 or 200 pages
% full s1a%i1atopp open of that a es@ony oorS
would show that it was against the
legality of the Kellogg government, even
worse than the report OF the committee.
That report was against the personal and
political wishes of the gentlemen who
signed it. The Senate knew from the great
volume OF testimony before it that the
Legislature in Louisiana in 1873 which
elected Mr.. Pinchback was not the legal
also knew that w. P. Kellogg. whose
name was signed to the certificate
of election. was not the legal Governor
Of the State. The Senate, in admitting
Pinchback, would admit the personiicatiOn
of falsehood and forgery. Such claims as
those put forth by the Senator from Indiana
only indicated the desperate character of
the case. He Ferry was not surprised
that at the last moment the Senate should
When all the 600 pages of testimony before
the Senate showed that Kellogg's authority
was all a sham, that the Legislature
which elected Pinchback was not the legal
Legislature of the State, the friends of the |
applicant needed to change their base. |
The proposition of the Senator from Indiana |
(Morton) was that the Senate was bound to |
find falsehood the truth.
Mr.. Morton said the Senate did not know |
that Kellogg was not the Governor, and the |
Legislature which elected Pinchback was |
not the Legislature of Louisiana, as had |
been stated by the Senator from Connect. |
cut. That Senator didn't know it himself,
aud a careful analyzatiOn of the testimony |
be (Morton) thought would contradict the
statement of the Senator from Connecticut
He then quoted from the decision in the
case OF Luther vs. Boyden, and argued
hat the Supreme Court of the United
by the President, and that The
,Ower to reverse the recognition of the
President was only to te found in the Joint
lction of the two houses of Congress.
Mr.. West, of Louisiana, said the Senator
rom Connecticut had claimed tn at the Re-
publican government of Louisiana had no
'asis but falsehOod and forgery. This
harge had been made here for = month.
md he (West) thought it time that it
cry in Louisiana originated with the
opposition party, and was carried out
y them. and not by the Repub.
can party. He argued that the
republicans were in the majority in Louis
ana in 1872, and were in the majority
o-day; that Kellogg was legally elected
and that the claim of Pinchback
ow before the Senate was just; that he |
7as legally elected Senator, and outside of
D his seat. Then the vexed question in |
egard to Louisiana would be settled and
eace in that State would prevail again.
he Democrats had claimed that the col. ,
red registration in Louisiana was greater
nan the colored voting population, and |
1at the white registration was 10000 below
le white voting population according to |
re census of 1870. This was easily account. |
4 for. In some of the States near Louisiana,
here the Democrats had obtained control, |
10 colored men had left and emigrated .
} Louisiana since the last census was =,
ken. When Democratic Senators argued
lat the white registration was below the
lmber Of white males over twenty one t
ears Of age, they seemed to have forgotten
lat there were IL, 600 unnaturalized for |
gners in the State not entitled to vote. II
9 did not mean to say that all th0frauds in
ouisiana originated with the Democratic
'rty there. They were originated and {
,rpetrated by few adventurers, through t
hom the Democratic masses in the State q
ID been led to believe they were out I
ged
Mr.. West then quoted at some length 9
ON the testimony before the Senate COM I
ittee, to show that Kellogg was legally I
scted, and also from the report made to q
Q House of Representatives by Messrs.
F. Hoar, Wheeler and Frye, in which :
ey expressed the opinion that Kellogg :
ceived majority of the votes in 1879. 8
sferring to this report, he said those gen. :
,men had investigated the matter, !
+. Dawes, Of Massachusetts,, said he had ! /