The New Orleans Democrat., 1876-03-04


OF the Senate, then said /" Mr.. Presi-
dent, committee from the House Of
Representatives"
The committee, headed by the chair
man, Mr.. Hester Clymer, then advanced
to the bar of the Senate, when Mr..
Clymer read from sheet Of note paper,
dead silence prevailing in the cham
Der and galleries, the following
Mr.. President-1n obedience to the
we appear before you, and in the name
Of the House Of Representatives and of
the people OF the United States of
America. we do impeach VIM. W. Bel
knap, late Secretary Of War Of the
United States, OF high crimes and mis-
demeanors while in Office, and we
further inform the Senate that the House
of Representatives will in due time ex-
hibit articles Of impeachment against
him, and make good the same. In their
name we demand that the Senate shall
take order for the appearance OF said
w. w. Belknap to answer said impeach-
ment.
As soon as he had finished reading.
Mr.. Ferry, President pro tenn. OF the
Senate. said: Mr.. Chairman and gentle
men of the committee of the House OF
Representatives: The Senate will take
order in the premises.
The House committee then bowed and
retired, and Mr.. Edmunds resumed his
remarks and discussed the legal aspect
OF the case, maintaining by illustrations
his assumption, Of power and the
duty of the Senate to consider
whether the claimant was legally and
duly elected. This, he said, the Senate
was bound to do by the language OF tho
constitution, diligently and carefully.
1t was impossible to escape this, and the
Senate must face the music. The
Senator from Indiana had admitted that
| It was pertinent and proper to make this
| inquiry, for he had twice made the mo-
tion to refer the credentials for exami-
| tion.
Mr.. Edmunds then said, as inquiry
must be made into the character OF this
Legislature, what were the circum-
stances which attended it's organiza-
tion-assembled on the order OF the
United States Judge. with the United
States Marshal and soldiers with crossed
bayonets allowing none other to enter.
It might be that the members OF this
Legislature would have been elected IL
all the people who wished to vote. for
them had been able to cast their ballots,
and he believed they would have been
the best. The constitution OF Lou
isiana requires majority of the votes
act,lally cast to constitute u choice, and
not o. majority of those that might have
been cast. He then said the cOnstitu-
ton Of Louisiana did not confer upon
any Returning Board the power to GER
tify the election of a Legislature, ex-
cept from the possession OF certain
papers. and yet every one knows that the
board which certified to the election OF
this Legislature had not single one of
those papers before it. The certificate
made up Of the election Of members OF
this Legislature was In direct defiance
of the statute. He said 1t was very dis
agreeable for him to be forced to the
conclusion at which he had arrived, but
the constitution and the laws Of Louisi-
ana admitted Of no other conclusion.
IF the constitution and the laws OF
Louisiana said that those who ought to
have been elected should constitute the
Legislature, then he would have nc
trouble on the subject. No one had
ever claimed, not even the Senator from
Indiana, that this body of men were
elected by the majority Of the votes
cast. or even offered He discussed at
some length the decision Of the Su-
preme Court of Louisiana, which be
said his friend from Indiana had fallen
back upon, and which was the strongest
ground on which his friend could rest
He read from an opinion OF Chief jus.
were not bound by the decisions ol
State courts. If the Supreme Court ol
Louisiana was composed Of men ol
4 spotless integrity and of transcenden'
ability. even then we would not DC
hound by their decision. He maintalncd
that the opinion of itself was not sound
and he denied, as had been alleged, that
the Supreme Court Of Louisiana had
decided that this Legislature was 9
legal body. II had said It was bound tt
take notice who constituted the Pc,
course il was bound to take notice. II
found this body of men in. fu'
possession of all the Legislative
functions. But the decision oI
that Supreme Court did not help this
case at all. The States lately in rebel
lion had Legislatures in She exercise o.
MI the functions that pertain TO .sucf
| bodies; their acts had been declared
valid over and over hy the Supreme
Court of the United States, and yet nc
one would say that the credentials OF 9
Senatnr elected by one Of them to this
body would have made prima faclt
case. 1t has been said that the lapse
of time had strengthened this case
He could not see this. IT Pinch
back was not constitutionally elected
On the 10th day OF January, 1873
how could the lapse OF time make hlf
election valid If this idea Is to prevail
then. If those on the other side Of this
chamber should become the majority
they might declare that the McEnerJ
Senator was elected. He urged that the
Senate should not be drawn one hairs
breadth from the fundamental letter o.
the law. not to take that first fatal stef
which had been the ruin of other gov
! ernments and other people, sacrihc
ing principle for expediency.
Mr.. Morton said that he was glad &c
meet Mr.. Edmunds on the points
OF law. He would say that his eXclu
sion was here attempted to-day in viola
tion OF the Fundamental principles ol
law which has always guided the &C
tion Of this Senate He pointed to th'
fact that Democratic Senators wer'
united against Pinchback, which woult
|, be very strong, if only legal considera
, tions affected the case. He asserted
that political considerations did ente
into this case. The Senator from
Vermont had admitted that MT
Kellogg was Governor OF Louisl
ana. The credentials OF Mr.. Pinchbaci
were signed by him. They were th'
same kind of credentials exactly a.
, every Senator now on this floor had pre-
sented aud been sworn in on. Mr.
Pinchback's case WAS just as much
prima facie case as the case OF az.