The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1877-03-14
the U. S. SENATE.
SENATOR BAYARD DISCUSSES THE LOU
ISIANA CAsE-HE THINKS THAT THE
DECISION OF THE ELECTORAL COM
MISSION DOES NOT BIND THE SENATE.

entitled to the moor, Salu HIS feiso's
for moving to refer the credentials OF
Mr.. Kellogg to the committee on
privileges and election were those
warranted by unbroken usages of this
body, so far as he was informed since
It's organization. The credentials OF
Mr.. Kellogg did not create prlma
facie case, because they were signed
by Stephen B. Packard, who was not
governor of Louisiana, either de jure
or de facto; on the contrary the
Senate
MUST TAKE CoGN1ZANCE
Of the public fact that Francis 1.
Nichols was the governor OF the
State and had legal Legislature act
ing in accord with him; that they
had control of every part ofthe State
of Louisiana except about one acre,
upon which stood hotel used by
Packard as State House. He ar
gued that Nichols was the only gov
ernor Of the State to day, and his
certificate was the only one the Sen
ate of the United States could justly
respect. This case was not new, but
it demanded the same consideration
now that it did in 1873, when the
discussion was continued at such
length. He argued that it was the
duty of the Senate to see that the
State of Louisiana was represented
here by two persons, but those per
sons must be chosen by +
HER LAWFUL LEGISLATUREA
He then referred to the use of mil.
itary in the South, and said there
was an admission of the outgoing adj
ministration-tardy but honest-that
the use Of military to uphold State
governments had been tried, but
with no good results. He then quo
ted from the telegram of the late
president to the effect that a govern
ment which could not maintain it.
self without the aid Of the strong
arm of the military should be per
mitted to go down. He, Mr.. Bayard
viewed that language as paraphrase
of the language of the declaration OF
independence, under which our PEG.
pie took up arms to make them free,
Ex- President Grant who came into
the chamber soon after the Senate
met, was an attentive listener to the
above remarks of Mr.. Bayard.
Continuing his argument, Mr. Bay
ard commented on the legality OF the
Louisiana Returning Board, and
spoke of the proof in regard thereto
offered before the electoral commits
sion. He said a majority Of the
commission claimed that they were
only imhued with the counting pow
cr Of the two houses Of Congress
held that they could not look into the
CHARGES OF FRAUD
against that Returning Board. There
WAS in that decision a blow to hi:
fondest hopes aud belief in law. HI
then referred to the remarks of MIR
Edtnunds in the Pinchback case. il
1875, and said that the Senator baset
his objection to Pinchback on the il
legality Of the Louisiana Returning
Board. He then replied to the srgu
ment Of Mr.. Blaine, to the effect tina
the decision of the electoral commits
sion was binding upon the Senate
and contended that the decision ha(
no force in law to control the actor
Of the Senate.
Mr.. Blaine asked if the Senate
from Vermont Mr.. Edmunds] di,
not satisfy himself as a member 0
the electoral commission, Of the lie
gality and the competency, and con
stitutionality of the Returning Bosrc
Mr.. Bayard said the Senator fror
Vermont gave as his reason for az
cepting the
LOUISIANA RETURNING BOARD
bis want of power to examine into it
return and composition.
Continuing his argument, he sal
that the commission refused to tax
testimony which the Senate wa
bound to take.
The remarks Of the Senator fror
> Maine, yesterday, led him with muc
abruptness to challenge the positio
of the President of the United State!
The new President seemed to r,
cognize, as at last did his predeces
; sor, the true condition of affairs
' Louisiana.
: Mr.. Bayard then quoted from til
e inaugural address of President Haye
: in regard to Southern affairs, an
!, said they were wise words. He NJ
i I