The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-03-09
CONGRESSIONAL.
THE SENATE

WASHINGTON, March S.-Mr. Clayton moved
| that a committee Of seven visit the Indian
Territory during the recess, to inquire into
the wants and capacities Of the inhaDltan is OF
that country.
Mr.. Morton called up the resolution seating
Pinchback, and for the benefit of the new
Senators, proceeded to make his usual speech
He had not concluded when the Senate went
into executive session.
Mr. Morton, of Indiana, called up the res
olution submitted by him on Friday last, for
the admission of p B. S. Pinchback as Sena-
tor of the United States from the State of
Louisiana, for six years from March 4, 1873.
MIR. Morton said, as chairman Of the Com
mittee 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
question of the admission of Pinchback as a
member Of the Senate.
So far as he (Morton) was personally con-
cerned, 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 number of new Sena-
tors were present who probably were not as
familiar with the facts as the old Senator'S.
He therefore felt it to be his duty to present
to the Senate again the ground upon which
the Committee on Privileges and Elections
reported in favor of seating Plnchback. Mr.
Morton then reviewed the organization of the
State government of Louisiana the organiza-
ton of the Legislature which elected Pinch
back, etc, and said the first question he would
present to the Senate was what are the rights
Of Pinchback under the certificate of election
now before the Senate.
Al
had pr:Iaa facie case, which entitled hi % to
be sworn in, and any objection as to the man
ner of his election, or the character Of the
body which elected him, must be inquired
into afterwards. It had been held from the
beginning that the certificate of election
signed by q Governor was the proper evil
dence of a right to a seat upon this floor.
He then referred to the contested cases Of
Spencer from Alabama, in 1871; Goldthwaite
from the same State, in 1873; Gen. Shields
from Illinois, in 1919; and the Rhode Island
case OF Potter, in 1882, and argued that it was
to the integrity of the Senate
member holding the proper credentials should
be admitted to a seat; otherwise, one third OF
the body might be objected to and excluded.
The organization of the Senate must be
complete, and it could not be in the power
of any party, by faetioUs opposition, to ex-
clude Senator'S
The next question he desired to present
YVES, whether Kellogg was Governor Of Lon
isiana in 1873? If he was, Pinchback bad q
prima facie case, and was entitled to be sworn
in. The action Of 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 of State through her own
tribunals, to determine all questions arising
under State law, and the decision of State
courts upon such questions was binding upon
the Government Of the United States. The
political department of this government
Congress might determine as to which was
lawful government of State, but that power
could not be exercised by one house Of Con-
gress it must be by both, and until both
houses decided differently, the State govern
ment in actual existence must be accepted.
This was a question above all party con-
,iderations. He was determined that the
province of State should not be infringed;
hat the State must be protectedin her rights,
md among these rights, was one that the
State, through her own tribunals, should de-
ermine who were her officers. If the Gov
srnment of the United States should review
. State election and say who was elected gov
ernor or State treasurer, then the State gov
eminent would exist only by sufierance, and
hen, indeed, would we have Capitalization.
Mr.. Morton then referred to the Cons!itu-