Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1876-03-22
SIP f T. G III
hon. A. G, THURMAN,
OF OHIO,
--iN HE
UNITED STA TIES SENA TIE,
FEBRUARY 7, 1910.
S SPEECH

" thf III - u fstl ,'fIN u ~
FEBRUARY !, 1910.
The Senate having under considcra
tion the following resolution
Q Restlred That p. u. S. Pinchback be aduit,c
as Senator from the State Of Louisiana for th
term Of six years beginning the iih day 0
March, 1879.
Mr.. THURMAN said
Mr.. PRESIDENT II know that il will
be irksome to the Senate TO listen {,
further discussion ofthc question bcfor,
! it 4; and, certainly, no task could b,
more disagreeablc TO me than that O
repeating what | have more than once
said upon il. But the chairman of tn,
committee Mr.. MoRTos] who reported
the resolution under consideration, fol
the admission of Pinchback tc q seal
in this body-although at previous scs
sions he had frequently and fully dis
cussed the sub deemed il impor
tant, last Friday, to recall TO the mem.
orics OF Senators the grounds upon
which he advocates the resolution and
if II was proper for him TO do that, as
no one | supposed will deny, it is
equally proper, Senators, to refresh
your memories by reference to the
arguments upon the other side. This
| shall attempt TO do--not by full,
much less an exhaustive, argument
but by brief and condensed summary
Of the case. And l shall stick to the
case. | shall not suffer any provoca-
tion to make mo wander from ii for n
moment. | shall not, therefore, reply
to the party appeals Of the Senator
from Indiana. shall make no such
appeals myself. And, certainly, shall
not leave the State of Louisiana to dis.
cuss the elections of the State Of Geor.
gia and attempt TO season my remarks
by rehearsal OF the reported sayings,
whether well or ill-foundcd, OF Mr..
Robert Toombs. am not accustomed
to argue u legal question in that mode.
| am not accustomed TO make the right
of any man depend upon the utteiSnccs
Of some other man, u stranger TO the
record and the case. The question
before us is, in its nature, Judicial, and
should bc iudieiallv considered IL is
simple question of legal right; as
much so as question of legal right TO
land in an action Of cjectment. There
is no room for party or political con.
sidcrations in its decision. If Pinch.
back has a legal right TO the seat he
claims. he ought 10 be seated whatever
may be the party or political effect of
seating him. If on the other band
he has no such legal right no marty or
political considerations can iustify ny
in seating him. In other words he il
neither TO gain or TO lose n scat In the
Senate by considerations that have no
relevancy 10 the legality of his claim.
If we allow such motives TO influence
our votes. we usurp the powers of State
Legislature and elect Senator instead
of exercising our constitutional judicial
function of determine who has been
elected or whether there has been an
election at all
Tho srs, no;n, mad. H., ,,,o so.o,or
i"o his. Poi"e .ii'uc " iho oehator
from Indiana is, that Pinchback has a
prinld Jdcie case because he holds q
p;,t KeIIo,,a ns coror,ssn, s.nJf ~ o'';s;"np n
and ,ho, t6.refore Loshouid ho aaa,"
nj once md II o,,v valid ob;oc,;on 70
his election exists, that Is to be subse-
quently inquired into. If this PROPOSE
ton be true, the Senate has done the
grossest injustice TO Pinchbaek and q
iiagrant wrong TO the State he claims
to represent, Ever since the resigna.
tlon oil her Senator Kellogg, period
oi more than three years, Louisiana
mas had out one Senator ON this fioor.
Claimants enough, and more than
enough ior the vacant scat have ap-
pcarcd' NOT 10 speak OF others, let
me remind you that IN January, 1873,
came Johh hay, with the certificate
OF Wiiliam mt hciogg as Governor
ihat he had been duly elected to fill
heilogss unexplred term And inter-
Ward came T. d. ,. finchDaek, with o
silhilar cir'lncaie that he had been duly
elected ior the iuIi term OF SIX years
ana lnat Doih hay ana flncbback
were e'ected ny 'he same BODY oi men
Gaining 10 DC the Legislature OF their
STATE H. then IInchback has a Pr'ma
,dc'e case, so had Kay and II Pinch
pack mas Pf'md Jdc'e case no'c, hc has
hau precisely the same case ever since
m~rch =, loI5' Why, then, was not
nay seated on ms p,mo Jdc'e case and