The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-03-09

being no doubt or dispute as to the exist
ence OF one legal state government; the
amendment was accepted. Mr.. Conkling
said he had heard 1t affirmed that the same
reason which admitted Grover upon u
prima facie case entitled Kellogg to seat
on prima tacie case yesterday. If that
position was sound in law and sound in
truth it proved conclusively the caprice of
those who voted to refer his credentials
yesterday. He denied there was any an
alogy or resemblance between the two
cases. In Oregon there was but one duly
organized legislature and one governor,
while In Louisiana there were rival COVER
norS and rival legislatures.
After recting the facts of the Louisiana
case he said the essential question in regard
to Louisiana was whether this was legal
legislature and whether there was lawful
governor, and that question the senate
would be called on to decide. He thought
they ought to wait until the testimony
taken by the senate committee came from
the printer. 1t had been stated in debate
that the case of Kellogg might be treated
as in come way decided or determined by
something done by the electoral commits
sion. He argued that the commission held
in the Louisiana case that they could not
60 behind the the certificates because their
power was limited by the clause of the
constitution in regard to counting the cleo
toral vote, but the senate in determining
upon the qualifications of its members
must inquire whether there was a legal
legislature in the state, whether there was
a governor satisfying the constitution. The
present alleged governor (Packard) had
never been recognized by any department
of the government for auy purpose. The
electoral commission decided it had not
power to look behind the certificate and
now the argument was made that because
the commission could not look behind the
certificate the senate could not. He quoted
from the Inaugural address in regard to
southern affairs, and said, can it be that
the chief magistrate who uttered the words
does not design, with conscientious aim at
right, to find, to ascertain, to declare who
In truth on the seventh of November last
was chosen governor of louisiana Who,
in truth Of these contestants in the various
legislative districts were entitled to sit to
constitute that body despite of which there
can be no otheIswith character higher than
mob' And if the chief magistrate,
freshly anointed with his great duties, does
mean, as We are bound to believe he does,
by the modes provided in the constitution
and law to ascertain the very truth of the
election in Louisiana, shall it be said that
on the threshold of his administration, as he
entered the door of officiallf the senate in
order to be not consistent and allow the
senator from Oregon to be sworn must pro-
coed, without any investigation Of a COM
mrttee, to close the door in the face of the
president or leave him, If his judgment re-
quired him to do it to attempt 10 recognize
one state government although the senate
had recognized another, or bow before the
hasty assertion of the senate made without
investigation and be foreclosed by their
judgment, no matter how repugnant to his
judgment it might be? In conclusion MIR.
Conkling again alluded to the Louisiana case
aud said he thought it was consistent to re-
fer the grave and serious issues in that case
TO the committee on privileges and elections
and to refuse to refer the credentials of
Grover, involving entirely different princi-
pies.
MIR. Morton spoke of the facts necessary
to constitute prima faoie case, and
claimed that the case of Kellogg was regu-
lar on its face. 1t had been argued that
because General Grant did not recognize
the Packard government the senate should
not do 30. He had as much respect for
the late president as any other man, but he
failed to see the force of the argument
mentioned.
Mr.. Thurman said he rose for the pur-
pose OF referring to the charges against
Grover. They were general in character
and as vague as possible, but Mr.. Grover
desired him to say he couited the fullest
investigation, and he would therefore vote
for an investigation.
Mr.. Salisbury said it was unjust TO call
the people of New Orleans an armed mob,
and argued that Packard was usurper,
afraid to show himself out of the state
house. He was surprised at the attempt
made on the floor of the senate to buldoze
the incoming administration by the an.
nouncement that its policy must not be
pacific. He trusted President Hayes would
be deaf to the appeals of partisans, and
obey the high behests Of a statesman.
Mr.. Howe referred to the Packard case
and tald he was not an outlaw, but could
not show himself in the streets of New Or
leans. 1t had been claimed that he was
not entitled to the Office, but it had alsc
been said the president was not entitled tc
his office, and yet he was not afraid to
walk the streets of Washington, and thit
fact seemed to him to distinguish the
character of the people of Washington
from the character of the people of New
| Orleans.
Mr. Whyte objected to the resolution il
regard to investigation of the charges
against Mr.. Grover, saying it had not beer
the practice where charges were SO genera
as in this case.
MIR. Thurman said Mr.. Grover inviteC
the closest scrutiny.
Mr.. Blaine sent to the clerks desk anC
had read the following
Washington, March s, 1877. To Hon
j. G. Blaine, dear sir Hon. VIM. NJ
Evarts begs me to say to you that he dit
not endorse the letter of Stanley Matthew
to Gov. Chamberlain to tue extent implie,