The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-08

introstcd seat on this noor that whoever e,se
shall bait or grow weak In maintaining t. SO long
have the strength will stand Tor southern Union men
OF both coiors; and when do that before my
presence, North or South. in Official bodies before
pubic assemblies may my tongue ceave to tho roof
OF my mouth and my right hand forget lis cunning.
Applause IA The eaicrics)
applause should he repeated he move to clear
the galleries
SPEECH SENATOR MORTON
Mr.. MoRroS trep) Of Ind said he supposed that the
question before the Senate was "A question of law INT
the law was about the only thing which lac had not
heard discussed The Senator from Delaware (Mr.
Bayard) made some reference TO IL, but In what he
said he was mistaken. Mr. Morton then quoted iron
the record IN the case OF Mr. kellogg, and read from
the constitution OF Louisiana 10 show that the
duty Of the Legislature to the tor Gov
ernor and Lieutenant Governor He then read from
the law prescribing the duties or the Returning Board
and argued that there was quorum OF tho Legislature
present when the tor Governor and Lieutenant
Governor were canvassed, and 1t was declared by
the Legislature that Packard received 7s,Go4 votes
and Nichols II, l9S He then referred to the
action of tho Legislature In clectng Kellogg and said
he received majority OF all the votes He submitted
that the record presented made cham OF title
good: FIRST. that Governor Packard was declared
duly elected by the proper authority in Louisiana;
again, that William Pit kellogg hal been duIy elected
senator from that State with the Of
Congress. He was not disposed. therefore. push tho
argument on This subject any further dceming II un.
necessary.
FRAUDS LOUISIANA
want to say one word and shall keep the Senate
very few minutes In regard 10 the general character
OF tho remarks submitted by the Senator from Del.
awnrc There is constantly talk OF fraud IL Is charged
that the people Of Louisiana had by large majority
voted for Nichols and riden, but that they de-
iranded OF their votes, and these charges are
constantly made here and elsewhere. The time
has come to meet that charge; We intend TO hurl Il
back. The evidence upon the record that does Il
back In teeth of the who made It. rhe facts
are upon the and indspuable that the socacd
majority Tor riden and for Nichols IN tho state OF
Louisiana was false AMI fraudulent, and thai 1t OBJ
tanned by murder anu every species OF volcnce and
Intimidation In some parishes where there hun
dreds and thousands oil republican voters t.ey we're
deferred from voting almost wholly. In others one
hall were driven IRON the polls and thus state that
certainly republican by large majority brought
upon the lace OF the returns In favor OF
Tden and OF Nichols. In talking about fraud these
great crimes constantly ignored or tho hundreds
ana thousands OF men who have been slain IN LOUIS
aha Ior political purposes III the last few years
mention Is made. VI the murders the whlppngs, tho
tortures anc tho inhuman treatment that largely
prevailed during the late canvass mention Is made
All mat Is ignored, and the fruits oil these crimes
treated as real honest property which they have
right TO protect aud enjoy. What was done down
there, as We claim and the evidence shows alum.
dainty, IS SIMPLY, under the laws OF LOUISIANA to de-
prvc them OF tho fruits Of murder and OF crime give
expression TO the honest vote aud TO the honest
majority Of the people OF Louisiana
rHE USE OF THE ARMY.
Constant reference ~ made to the Introduction OF
the army, as II that was crime, while reference Is
made To the cause which brought tho army into tho
state OF Louisiana. No reference ~ made to tho
threats TO the danger and the pcr that causes that
army TO be sent thoresent there for the highest and
hottest purpose, the projection OF lite. liberty aud
human rights The sending OF the army tor these
purposes treated MS crime, while the great
which took tho army there arc ignored II thcy mad
never occurred The Returning Board OF Louisiana
has been The subject OF constant dcnunciation even
the very existence OF tho Board Is treated crime
Mr.. President, there Is u returning board IN every
State IN this Union oil some character Every State
des'gnates some officer officers who depued by
the law tocount the votes There must be such oil.
GERS. In my State there arc several Of thcnaii tho
State oilccrs IN other States single officer in other
States two officers. In some States-likc Nebraska
the Legislature counts the votes but there must DO
somebody some tribunal or authority IN every State,
IL count the votes. In most States these returning
boards have only ministerial power they have no dis
cretionary or judicial powers they have no power TO
take evidence and to throw out votes account Of
fraud or violence In other States they have ju-
dica powers and these powers greater less the
different States according TO the condition anu de-
naucs of the State In State like Louisiana thore IS
no protection tor the people but tribunal that Is
clothed with power TO lake testimony to throw out
fraudulent returns or returns obtaaed by murder
CRIME Where tho White Lcaguers take possession OF
parish all the polling places havo their officers
Iney make the returns lawful upon their face. Tho
papers are unobject enable. and the crime will sue
ceed, ana the authors oi Will enjoy tho
fruits OF tho crime unless there DO some tribunal
where there DO evidence taken, the crime proved
and II established the fruit OF The crime rejected aud
destroyed. IL was this necessity that called
slence the Returning Board 81 the state oil Louisiana
No SIR, the Board Is not the crime but tho condition
OF the State and the political necessities OF tuat State
arc crimes which called that Bonri into existence.
am not here to-day u discuss past records
and deciaratons Of Senators aua othera I
merely occupy tho Senate briefly IN calling
attention 10 the law But II tins discussion
shall ask The indulgence OF The Senate u the
record Of tho last cam paiRn IN Louisiana to show
where tho fraud rests, where IL began and what II
accomplished aud shalt undertake TO snow that tho
campaign OF 1876 was simply repetition Of tho terri
bic Of 1866 OF 1865 of 1872 anu 1874 Enough
Mr.. President for the present
Mr. NIrcnkLI, rep Of Oregon, said no understood
that before he came into the Senate this morning the
senator from Malno (Mr. Hamlin) objected to tho
swearing In OF Mr. Grover Senator elect IRON Oregon.
He Mr Mitchei.) had several petitions from citizens
OF Oregon obccng to the seating Ut Mr. Grover, aud
he therefore presented them to tho Senate. II was
auty not sought by him. and was one OF tho most un-
n mol i'm
by his constituents, and ho could not shrink from
Tho petition against tho seating OF Mr. Grover
then read. II charges that he procured his election
by bribery and the corrupt use OF money that he
lawfully and corrupty issued certificate OF election
To Cronin and falsely testified before tho senate Com.
Privileges and Elections sustain his act
Mr. WALLACE, OF Pennsylvania submitted "A resou-
ton that the credentials of l.. h. Grover us Senator
from the State OF Oregon be taken from the table aud
that he bc sworn.
fhc vIcE rnEsIDESr-Tha. can only be by unani.
Mr.. MoRroN-Therc is another matter pending
The VICE pREsipENr-And oI equal privilege
Mr. SARGENT moved that the petitions DO printed,
but Mr.. Davis, OF West Virginia, objected.
THE vor. On THE KELLOGG CASE
The question being on the substitute OF Mr.. Bayard
for the original resolution OF ST.. Blame in the OF
Mr. Kellogg. II was then agreed toycas IS, nays 49,
Tho substitute IL US follows:-
That the case OF William Pitt Kellogg claiming to be
table until the appointment Committees On rrvnsses
and Elections. TO whom It can DO referred.
Tho vote ia detail was folIows:-
YxAs-35.
Bailey. Eaton. Mcdonald,
Baruim Garland McPher.ou
Bayard, Gordon, Mmxey.
Bugy, Harris, Morrill,.
Booth. Hereford. Ranaoph
Burnside, Hin Ranson,
Christiancy, Johnston. Saul bnry,
Coke jones of Fla, Thur,ns an
Conkiing. Joucs OF New, Wallace.
Davis OF H., Herman, White,
Davis ot w. Va, Lamar WitLers
Dennis, Mctre
sAYs-29
Allison. IIoar. Plumb.
Anthony. Howe, Rollins,
Blaine, Ingalls,, Sargent,
Bruce. kir.wuod. Saunders.
Cameron OF Pa. Mcmillan. Sharon
thaiee, Mitchell. Sherman,
Conoyer, Morton. Teller.
Dawes, Oglcsby. Wadeigh.
Dorsey, Paddock, Window