The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-03-09
BY TELEGRAPH,
ASSOCIATED PRESS REPORT.
TO THE DAILY LNTELLIGENCER
sENATE..ExEoUTIVE SESSION


EIeutIuns was discussed, and the OriglnA
resolution, that he be sworn, was ther
unanimously adopted, and Mr.. Morgan
was sworn IN.
The resolution to seat l.. +. Grover
Senator elect from Oregon, was then call
ed up by Mr., Wallace.
Mr.. Sargent submitted the following Al
u substitute:
| WHEREAS, Under the Constitution ant
laws and practice Of the Senate, Lafayette
Grover, claiming TO be Senator from Or
egon, his credentials being regular and II
due form, and there being no contestant
Tor the seat, Is entitled to admission 10 9
seat in this body on the prima tacie case
presented by such credentials, notwith
standing the objections in the petition oil
citizens oil Oregon against his admission
therefore
Resotred, That the credentials Of La.
layetle Grover be taken from the table
and the oath Of Office be now administer.
ed to him.
Re:Otred further, That the petition Of
the citizens OF Oregon containing the
charges against Lafayette Grover lie on
the table until the Committee on Priyi.
leges and elections il organized, when
they shall be referred 10 such committee,
together with the credentials, with in,
SlrncIiOns to investigate such charges and
report Us to their truth or lalsity.
Mr.. Wallace accepted the substitute.
Mr.. Conkling moved to amend by in.
serting in the preamble, after the words
mo contestant for n Reat,o as follows
"And there being in said State but one
body claiming TO be the Legislature and
but one person claiming TO be Governor,
and there being no doubt OF dispute as to
the existence Of one legal right and full
State government"
The amendment was accepted by Mr.
Sargent.
Mr.. Conkling said he had heard il said
that the same reason which entitled the
Governor to be seated upon primu facie
case entitled Kellogg 10 be seated on
Prlma ldcis case yesterday. II that 20.
sition was sound in law and sound in
truth it proved conclusively the error Of
those who voted to refer his credentials
yesterday. He denied that there was any
analogy, that there was any resemblance
between the cases. The Oregon case was
one IN which there was Legislature, an
ascertalned constitutional Legislature,
and but one. 1t was case in which
there was an ascertained and acknoWl.
edged Governor and only one; constitu.
tional Governor because the constitution
did not acknowledge dual executive In
any State, The facts in the case OF Gro.
yer we're made upon prima ldcic case
and the claimant was entitled to his seat,
afterwards any investigation could be
made Us to any alleged vice lying behind
the certificate. The Senate knew and the
world knew, that in Louisiana there were
two rival bodies hOtly contesting, re-.
strained from violence and tumult by the
arm OF power, each had been asserting
against the other that it was lawful body
and the lawful Legislature Of the State. II
was equally notorious, that two Govern.
ors had been sworn in, and that each was
inaisting that he was the lawful Govern
or, and exerting the prerogatives and the
attributes Of the executive OF the State
The essential question in regard to Lou.
isiana, was whether there was q
legal Legislature in Louisiana, and
whether there was lawful Governor and
that question the Senate would be called
upon to decide. Whether u lawful IIegis
lature was in the State or not it did moi
stand behind the certificate OF Kellogg
but stood before it and in front Of it. II
was proposed that the Senate should de.
eide the case yesterday without even be-
ingpermitted TO hear one word OF the testi
mony taken by the Committee OF the Sen
ate and while the copy Of the testimony
laid on the table Of the printer. For ont
he was not ready to decide in such haste
He rcould not forget that the late chic
magistrate Of the United States, no more
illnstrious for his great deeds thar
for his common Bense, was not able
to ascertain, with all the light he haC
after three months examination OF thC
subject, that Packard had been elected
Governor Of Louisiana, or that the Leg
islature which supported him was th,
legal Legislature OF the State. When
the late Executive OF the nation had beer
unable to ascertain that fact, it seemed t
him (Conkling) that it would be suitable
for the Senate to wait until there shoulC
come from the Public Printer the tes
timony already taken. 1t had been STATED
in debate that Kellogg's case might b.
treated Us in some way decided by some
thing done by the Electoral Commission
He then referred to the decision Of The
Commission in the Louisiana case, anC
argued that the Commission held tina
they could not go behind the certificate
because their power was limited by :
clause Of the Constitution in regard 4
counting the electoral vote, bnt the Senat,
in determining upon the qualification
and election Of Its members, must in
quire il there was Legislature in thl
} State; whether there was q Governor sat
isiying the Constitution. The presen
alleged Governor (Packard) had neve
said that he was aware OF having beef
recognized by any department Of tn
government for any purpose. He di,
not even certify TO the eleCtora
vote from Louisiana. The Electora
Commission decided it had not powe
: TO look behind the certificate, and nov
the argument was made that because tn
Commission could not look behind tn
certificate the Senate could not Thi
question had some significance, Too, in tn
light OF events swiftly passing before us
/ Addressing the Vice President, he said
The other day you, sir, on the easter
portico OF the Capitol, overlooking al
immense concourse Of people, saw th
oath Of office administered to the Chic
Magistrate Of the Republic, in whose cleo
ton under the forms and substance OF th
law all parties and all factions, whateve
their convictions may be, peacefully nc
quiesced. Standing 10 be endowed witt
the power Of Chief Magistrate, he utteret
TO his conntrymen something Of the prin
ciples, the purposes, the inspiration
! which would actuate his administration
Mr.. Conkling then quoted from tn
| inaugural address OF President Hayes il
, regard to Southern affairs, and, resumin
i his remarks, said: Can it be nssertet
/ that a Chief Magistrate who uttered thos
words does not design, with a Conscien
tious aim at the right, to find out, I
ascertain, to declare who in truth on th
7th Of November last was chosen Gov
ernor Of Louisiana? who in truth Of III
contestants in the various Legislativ
a districts were entitled to sit and const