The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-12-08
Forty Fourth Congress First Session.
SENATE,


printing of these papers because he wanted to
suppress the publication of any facts, but he
did not want public opinion to be forestalled by
the premature publication of only part of
the facts. Ii this matter was delayed till all
the testimony was fully produced, as. it would
be shortly he would not object to its publica-
ton. He commented on the action of the Louis
lana returning board, and said this was the
third time the board had set aside the will of
| the people of that state. The matter concern
ed not the state of Louisiana alone, but the
whole republic, and he (Thurman) wanted to
scrutinize the testimony upon which this ex-
| traordnary result had been reached by the
board. IL his colleague (Shermau) had stated
| the facts OF the returning board so far as he
| knew them, he (ShermaD) had not said any
| thing in regard to the secret session of that
| board. The country wanted to know what the
secret resolutions of that board were by which
| an apparent majority of 1000 for Tilden was
| converted into majority of 5000 for Hayes
! and Wheeler. That was done in secrecy, and
| the worst kind of secrecy. The vacancy in the
board was never filed, and the reason CT this
was that the miserable President of that board
| could not agree upon man. The very thing
| on its face showed determined purpose to do
/ wrong. Had there been Democrat on the
| board he would have seen what was done in Sc
/ cret. All the whitewashing in the world could
| not wipe out or hide this guilt He protested
| against the publication of those dispositions in
| the name of fair play. He hoped they would
| be allowed to lie upon the table till the other
| side should be heard from, and then print them
| ALL
Mr.. Morton said the Senate had the singular
| spectacle here of the denunciation of the re-
/ turning board of Louisiana for fraud, while at
| the same time resistance was made to laying
before the country the evidence upon which the
action of that board was based. The Demo,
| cratic committee in New Orleans was invited
| by the Republican committee to publish the
testimony taken by it together with that taken
by the Republicans, but the Democrats were
not willing to make public their case as it was,
| before the boaId. They wanted to wait to get
/ was not before the board They thus confessed
that they were not satisfied witt their case, but
wanten to make new one. This free denun.
| citation of the returning uoard was unfair. Ii
| the board acted unfairly let the Democrats
| bring forward their evidence to that effect He
| was not afraid of testimony-the more the bet
| ter.
Mr.. Thurman said be did not know why the
| Democratic committee in New Orleans declin-
| ed to furnish their testimony to the Republic
| cans, but had he been member of the Demo-
| cratic committee he would have refused to fut-
nish the testimony, and he thought the com.
mittee acted fairly in refusing TO furnish the
| Republicans with their testimony. His COL
| league (Sherman) and comrades went to New
Orleans at the request of the Presdet They
| did not ask the Democratic committee to join
them in making report to the President, but
asked that the Democratic testimony be placed
i III tuclI uduus, ludG bucy3 uN0 llcpuoiOAu SGh-
tlemen, might make up the verdict and send it
the President, who constituted the Senator
from Ohio (Shermau) and his four associates in
New Orleans the sole judges in this case. There
never was time in all the history of this ma
| ton when the form OF government and COnst-
tuition were put to a more severe test than now,
and everything done by Congress should set an
example to the people with GOODNESS.
Mr.. Morton said all the ingenuity that could
be brought to bear on the otner side could not
1 phanpa the 6ilpmnaa in which the Dpuppprats
were placed. When the Republican committee
| in New Orleans offered to lay the whole testi-
mony of both sides before the country, the
Democrats declined to furnish their side, and
when the Republicans came forward to publish
what they had, they were asked by the Demo
Gratis not to do SO.
Mr.. Sherman defended the action of the COM
mittee with which he acted, and said the COM
mittee presented every particle of testimony
they could get They tried to get it all on both
sides but could not do SO. He argued that it
was on the testimony now before the Senate
that the decision OF the returning board was
| made.
The debate was continued at some length.
Mr.. Edmunds said the Sd section of the %
| article of the Constitution required the Presi
| dent of the United States to transmit to Con-
gress from time to time information as to the
| state of the Union. He was commanded to
| perform that duty and bound to obey it.
Mr. White in reply to the argument of Mr..
Edmapds, said the President had a right to
send Information to Congress as to the state OF
rhe Union, but it was his duty to ascertain in
| advance if the information was true.
Mr. West defended the action of the return
ing board and spoke of the frauds perpetrated
l by Democrats in the state.
Mr. Bayard said it was usual to print docu.
ments sent to the Senate by the President, but
these papers were not official and did not pre-
tend to be official
He desired every fact made public in counec-
| ton With this Louisiana case, and he wanted
delay till both sides could be printed. In the
| position which the Senate was now placed
| there must be no shuffiing, but every Senator
must stand upon the rock of law and truth.
Mr.. Sargent said the senate had been told
| there must be no shutting, no party trick in
| this Presidential matter. that the people would
ottolerate and such things. He concurred in
| the statement.
He then alluded to the action of the Cover.
nor of Oregon in issuing a certificate of cleo.
tion to Cronin on account of alleged irregularity
OF Watts and said the people of Oregon had
| been defrauded out of an intelligent vote which
they gave by this action Of the Governor. This
was partizan trick. 1t was shutting
| Mr.. Sargent then quoted at length from the
laws of Oregon and argued that under the laws
OF that state. in case of a vacancy from any
cause. whether ineligibilty or otherwise, the
| other electors were authorized to fill such va
| cancy.
| He also quoted from the decision of the New
York court of appeals to the effect that a per-
| son receiving minority of votes cast at an
| election could not be considered elected on &C
| count of ineligibility of another candidate.
Mr.. Sargent also quoted from the case of
Vance, against Abbott, contested election
case before the Senate, in which the Senate
decided that the disabilities of Vance did not
have the effect of electing Abbott, his nppo
nent, to a seat in the Senate from North
Carolina. The Democratic Senators were
nnanmous.in holding this view and supporting
the decision. He next read from law OF
1 nraonn f1n b
electors their certificates, and said that instea
OF the Governor doing so, he delivered them 10
Cronin. He asked if any Senator could defend
this action OF the Governor OF Oregon.
Mr.. Merrimon said there had bsen many
respectable decisions both ways on the subject
OF whether the person receiving the lighes
number had right to defeat the will of the
people, as had been done by the Goveonor of
Oregon.
Mr.. Sargent said he hoped The Democrats
would examine the nefarious proceedings Of
their Governor in Oregon, and when they could
clear their skirts of that action, let them de-
nounce the returning board in louisiana
Mr.. Morton said the case could not be found
where minority candidate had been elected GA
account of the ineligibility of the person re-
ceiving the majority of the votes cast The
question had been settled just the other way in
the Senate and had also been so decided in the
| House of Representatives in the case OF Jpo
Young Brown of Kentucky. The conduct of
| the Governor OF Oregon could find no justifi-
| cation in law, in morals or in tolerance of the
people of the United States of all parties
Mr. Thurman said he was not prepared to
| discuss the subject Tow.
The question being on the report of the
Committee on Printing to print the dispositions
| taken in Louisiana and sent to the President by
| Sherman's committee. it was agreed to-yeas
| 40, nays Is, Key. Mcdonald, Randolph, Wal.
lace and Herman voting with the Republic ans
| in the affirmative.
Mr. Mitchell of Oregon introduced resolu-
| ton instructing the Committee on Privileges
and ElectieDs to investigate the facts attending
the action of the Governor of Oregon and
Secretary of State in respect to the electors and
4 pretended electors and make a report of the
same to the Senate, and for this purpose NAV
employ stenographer, send for persons and
| papers, administer oaths and examine Witness
es. Ordered printed and lie on the table.
Mr.. Howe introduced bill to restrain nm
| authorized persons from assuming to act az
| electors for President aad Vice President
Referred to the Judiciary Committee
| Mr.. Edmuuds gave notice he would call IN
| tomorrow the proposed constitutional amend
| ment in relation to counting the vote for Presi
| dent and Vice President.
The Senate at 3 o'clock adjourned
HOUSE.
A resolution offered by Mr.. McCrary for the