The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-03-04
F0RTY-F0URTH CONGRESS.
why PTNCHBACK SHOULD NOT
NAVE A SEAT IN THE SENATE.

"A COlored senator's Plea for the Claim
nnt-PostnEe on Third Glass Matter.
WASHINGTON, March AIN the Senate
to-day bills were introduced and referred as
| follows:
Nv Mr.. Hamln Uieu., Me.)-Fixing the rate OF
postage on third-class mail matter and for other
purposes.
The bin proposes the following rates OF POSTAGE
CIRCULATED sccordng t. dist nee nameyi
Zach tSo ounce Or trastioea part Thereof for o.
tances bew, e. $40 aud 1900 e tnree cents and Tor
each addlions loo miles. one cent additional for each
tWo ounces or fractional part thereof
special rate f. however proposed for transient
p S1 esSssdS oT % e hsrs0 o any distance
that ali oeessio9si p9bIcatoos prizes current csta
primarily TO advertising purposes Tor crcula
oonsered and ehSr9s a. Ss mail mall nsesef be
other provisions authorize the writing OF bret form
magazines, or any her articles mailed as thirdcass
%sss hsT Ssi ss To not &c o ss
Sn eDs ZEN intention 10 nsderpay the u amount pro
Is o6 e epn Mnen ns naer kn9wp he
by Mr.. Robertson (Rep., s. C.)-To restore the
franklns privilege. 1t provides simply for the
repeal OF the act OF Jan. ~, 1879 which abolished
| VI. and for its immediate renewal in the orm IN
wnich II existed at tue time Of the passage Of
MIR, Morton Gtop., Ind) reported fivorably on
the senate bil to provide Tor and regulate the
|
President, and the decision Of questions arising
tneteon; Placed on the calendar. He gave
notce thst he would ask the Senate to consid-
| er the bill at an early day.
Mr.. SPENCER (liep., Ala, from the Committee
on the District OF Columbia, reported favoraby
| on Tue senate bill to amend section gD Il the
Revised St tutes OF the United sites. relating
| To- me District OF Columbia, 50 IA to make the
| I'D OF FEBRUARY a legal holiday. with an amend
| ment making the 2th dav Of February tho
birthday OF Abraham Lincoln. legal holiday
also. Mr.. Spencer asked Tor the present consid-
| GRAFTON OF the biz. but MIR. WIthers Of Virginia.
objected, and l. ". placed on the calendar.
Mr. Morton Qep., lnd) submitted resolution
| aporopriatng $4,000 out of the contingent fund
ofthe Senate to defray the expenses Of the inves-
| tgation into the facts attending tine election OF
| the Hon. George Z. Spencer as United States
| senator from Alabama, now being made by the
Committee on Privileges and Elections. Agreed
WHY PrNcuBAcK SHOULD NOT BE SEATED.
The morning hour having expired the Chair
laid before the Senate the resolution for the adj
mission Of Z. II. $. Plnchback "a United states
Senator from the state OF Louisiana. the pend
kdmunds 10 insert the word " not" before the
word admitted" 80 that 1t should read Re
solved that 4. Il. 5. Pinchback be not admitted"
&c.
Mr.. Edmunds REQ. VI argued that the s.n-
ate IN this case was acting unuer the Constitu-
tion OF the United - ties, which pointed out the
| duty Of senators when II declared that each
| House should toe the judge Of tue election re-
| turns ant qualifications Of Its own members
SENATORS were TO act AS Judges, not as paftisan.
! NOT ~ pAiHul@i not ~ citi2 sns- They we're TO
! hold up the scales OF Justice under
the law and determine the question. The
Senate should exclude from tnis question
every know Wedge Of the politics OF this 81 i'm
ant. Whatever might be his rignt to "A seat in
| THIS body, the question before the Senate was
simply as to MS pfima fdcie case. The senate
was not called upon TO inquire whether the
| hoIy Of men which elected him WIS the Leyis-
! hture OF Louisiana or not but w,s only - ,tl.d
| upon to look u on the paper before the senate
having the seal OF the state OF LOuisi ma It
tAched. IL h, ID been argued that upon that pa
| per the senate must swear IN the candidate, aud
| at some convent mt time inquire whether an IN
iruder had been receive or Senator Of the
surt. 1t happened, however. that h. resolution
! proposing :" seat MIN read that L. Is :. Pinch
Louisiana FIR tue term beginning March 4, 1873
int resolution, II adopted, would he a
this man for the full term for which
y bad been claimed he was cleo go.
IT u shou d be adopted II could be SAID that in
lhe lace 81 that resolution be was entitled To the
position for he fullterin Of six years. The
luton did not propose to have aim sworn IN and
nave the Inquiry made afterward. As to the ar
guments that iinchback had prima facie c,se,
senate had knowledge that the body Of men
| purporting to elect man United states Senator
| constituted the legal Legislature. There was no
sucn thing as a pr'ma fdcie case before the SEN
ate. Tho Consultation cont elled the Senate to
judge OF the election OF this m N - well as the
| certhcato he presented. The Legislature which
| elected Pinchback might possiuly be the legal
| lie -tsiatufe OF Louisiana. But II did not come
| before the Senate with that boon Of peace and
| equality which might have been under other cir
| cumstances.
THE FRAUDS OF THE RETURNING BOARD.
| some leugtn, and said the admission of Pinch
back in the ce of all the facts would inhict a
blow upon our Constitution which would last II
| TO its grave. The Lynch Board, he said, in max.
| Ing return of thu election OF the body OF men
| claiming To be the Legislature. acted In direct
| defiance OF the statutes 81 the state. The title
| winch the members Of this Iegisiture had to
their seats was invalid. Possibly some OF them
were elected nut 50 Tar as the evidence Of their
| election was before the Returning Board, there
was none. Not one Of the committee OF the
| senate which inyestisated tue mitter ever
! limited that the members OF this Legislature
| wee elected by votes cast at the election.
III had been said that the lapse OF time strength
ened Pinchback case, so as to make II con-
sututionaI one; II Plnchback was not consttu-
| tionallY elected to the Senate, II could not be
said that any events " hich took place afterward
made his election valid. II That doctrine was
| true. and In a YEAR or two when. through the
| fortunes or misfortunes Of politics. the Demo-
Gratis came into power, they might say the lapse
OF time had made the credentials OF Mcmillan
good. and they could cite TINS case a prece-
dent and seat Mcmillan. lie (Nir. Edmundsl did
not thlnk the Senators could excuse themselves
| IRON facing TINS question by the idea that the
| lapse Of time had healed the cese OF its innrmi-
tlos. II II had ln1rmities in 1879 It had uGrml-
| that the body which elected the claimant was
not the body which IL pretended to be.
Mr.. Morton replied to Mr.. E1munds, and Mr..
| Frelinghuysen followed in opposition to Sir.
| Edmunds's amendment.
MR.. DRUcRs APPEAL FOR PINCHDACK.
Mr.. Bruce the colored Senator from Missis-
| sippI, spoke in favor Of seating Mr.. Pinchback.
lie said when he entered upon the discharge OF
his duties IN the senate the question had al
necess ny for him to make any extended remarks.
lie believed whatever seeming Irregularities
might he attached 10 the man Ter 10 which the
will Of the people In Louisiana was ascettaincd,
| pinchback mad majority OF the legal votes
| and was entitled to his seat IN the Senate. IL
the Senate should refuse to admit Pnchback It
would be an admission that the Legislature
which elected him and which had been making
| laws for the people was a mob. Louisiana was
entitled to fun representation on this floor
and the Senate could not ignore It's obligation
| To give TO that State full representation. What
| ever wrongs had been done in Louisiana, the
present order OF things In that State had been
| accepted by the nation and 10y people OF the
State. He thought Pinchback should be adj
mltted in the Interests OF good will and good
Cover ment. He then spoke OF the personal
qualities OF MIR. Pnchback, and said he knew
him To be an affectOnate husband, aud as a citi-
zen loyal and brave.
Mr.. Cameron Otep., Pa moved that the Senate
proceed to the consideration Of executive busl-
! ness,
| Several voices on tho Democratic side" Oh,
| no let as 20 on with the Pinchback case"
| Mr.. C.meron's motion was agreed to by ris-
| ing vote-yeBs 30, nays o. After short execu-
| tive session the Senate adjourned until Monday
IIouaa of RenreaeniatIVaa.