The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-03-09
UNITED STATES SENATE.
extra SESSION.
WARRINGTON. March 8.


resolution that he be sworn, was then
unanimously adopted, and Mr.. Morgan
was sworn in.
The resolution to seat L. f. Grover,
Senator elect from Oregon, was then
called up by Mr.. Wallace.
Mr.. Sargent submitted the following
as a substitute:
WHEREAS, Under the Constitution
and laws and the practice of the Senate,
Lafayette Grover, claiming to be Sen.
ator from Oregon, his credentials being
in regular and due form and there being
no contestant for the seat, is entitled to
admission to seat in this body on the
prima facie case presented by such ere
dentiuls, notwithstanding the objections
in the petition OF citizens of Oregon
against his admission; therefore
Resolued, That the credentials OF
Lafayette Grover be taken from the table
and the oath of office be now admins
tered to him.
Resolved further, That the petitions of
the citizens of Oregon containing charges
against Lafayette Grover lie on the table
till the Committee on Privileges and
Elections is organized, when they be re-
terred TO such committee, together with
the credentials, with instructions to in
vestigate such charges, and report as to
their truth or falsity.
Mr.. Wallace accepted the substitute.
Mr.. Conkling moved to amend by in
serting in the preamble, after the words
mo contestant for seat" as follows: land
there being in said State but one body
claiming to be the legislature, and but
one person claiming to be the governor,
and there being no doubt or dispute as to
the existence of one legal and rIghtful
State government" The amendment
was accepted by Mr.. Sargent.
Mr.. Conkllng said that he had heard
it said that the same reason which entl-
tied Gov. Grover to be seated upon
prima facie case entitled Kellogg TO be
seated upon a prin,a .facis case, yester-
day. IT that position was sound in law,
and sound in truth, it proved conclusive
ly the error of those who voted to refer
his credentials yesterday. He denied
that there was any such analogy, that
there Was any such resemblance between
the two cases. The Oregon case was one
in which there was Legislature-an
ascertained and contitutional Leglsla-
ture-and but one. 1t was case in
which there was an ascertalned
and acknowledged Governor, and only
one Constitutional Governor, because
the Constitution did not acknowledge
dual exective in any State. The facts in
the case of Grover made upa o1'ima Jacie
case, and the claimant was entitled to
his seat. Afterwards any investigation
could be made As to alleged vice lying
behind the certificate. The Sem
ate knew, the world knew
that IN Louisiana the two rival
bodies hotly eontesting were restrained
from violence and tumult by the arm of
power, and had been asserting each
against the other that it WAS lawful
body, the lawful Legislature of the State.
1t was equally notorious that two Gov
ernors had been sworn in, and each was
insisting that he was the lawful Cover
nor and exerting the preregatives and
attributes of the executive of the State.
Tbs essential question in regard to
Louisiana was whether there was a
legal Legislature IN Louisiana, and
whether there was lawful Governor,
and that question the Senate would be
called upon to decide. Whether law
ful Legislature was in the State or not,
it did not stand behind the certificate OF
Kellogg, but stood before it-in front of
it. 1t was proposed that the Senate de-
eide the case yesterday, without even be-
ing permitted to see one word OF the ties.
timony taken by the committee of the
Senate, and while copy of the testi-
mony laid on the table of the printer.
For one he was not ready TO decide in
such haste. He could not forget that the
late Chief Magistrate OF the United
States. who was not more illustrious for
his great deeds than for his
common sense, was not able
to ascertain with all the light ne had
after three months examination OF
the subject, that Packard had been elect
ed Governor OF Louisiana, or that the
Legislature which supported him was
the legal Legislature of the State. When
the late executive of the nation had been
unable to ascertain that tact it seemed TO
him ConkliDg1 that it would be suitable
tor the Senate to wait until there should
come from the public printer the testi-
mony already taken. 1t had been
stated in the debate that the case of kel-
logg might be treated as in some way
decided by something done by the Elec
toral Commission. Ho then referred to
the decision of the Commission in the
Louisiana case, and argued that the
Commission held that they could not go
behind the certificate, because their
power was limited by clause of the
Constitution in regard to counting the
electoral vote, but the Senate in deter
mining upon the qualifications and rela-
tions OF its members must inquire if there
was legislature in the State and
whether there was Governor satisfying
the Constitution. The present alleged
Gov. Packard, had never said that he
was aware OF having been recognized by
any department of the govern meut for
any purpose. He did not even certify
to the electoral vote from Louisiana, as
ths. was certified 10 before his claim
arose. ut ElcSlOIdl uc-
cided that it had not power to look be-
hind the certificate, and now argument
WAS made that because the Commission
could not look behind the certificate the
Senate could not. This question had
some significance, too, in the light Of tie
events swiftly passing before US
Addressing the Vice President, he said:
The other day you, sir, on the eastern
portico OF the capitol, overlooking an
immense concourse of people, saw the
oath of office administered 10 the Chief
Magistrate of the Republic, in whose
election under the forms and substance
f,he law all parties and sll factions,
whatever their convictions may be,
peacefully, acquiesced. Standing to be
endowed 9th the power of Chic: Mag
is,rste, he uttered 10 his countrymen
something of the principles, the putPose,
the inspirations which would sctus!e Is
admit q istratlOn.
Mr.. Conkling then quoted from
~ s. II ,..,