New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-03-09
TIE UNITED sTArEs sEN ATF.


table, and he be sworn.
Mr.. Anthony moved that the Senate ad.
J0urn. Rejeeted-yeas Is, nays &c.
Mr.. Blaine said Mr.. Lamafs credentials
were entirely regular, and he was Just as
much entitled to be sworn in as be (Blaine)
or any other Senator sworn in yesterday.
A lively debate ensuad upon Mr., Wal
lace's resolution, and Mr.. Spencer called
for the reading of the report of Mr.. Bout
wells committee upon Mississippi affairs,
submitted ct the last session, but the Sem
ate refused to have the report read.
ME- Thurman said no matter what was
contained in Mr.. BOutwell's reporr, there
was no hing affecting the prima fAcie rights
OF Lamar in the Ssnate. There was not
Ons word in that report which touched the
question before the Senate, and it was out
of order to call upon the Senate to sit here
an hour to listen TO the reading thereof
MI Morton said the Senator from Ohio
(thurmaD) laid down the doctrine in re.
gard TO a pri1rlG facie case, but he (Morton)
begged leave to remind the Senate that one
year ago the Senator stood on the other
side in The case OF Pinchback. According
to the doctrine of the Senator there could
be no investigation as to the Legislature
whieh elected Lamar, but there could be as
to the one which elected Pipehback. He
lMorton) had not changed his mind, but
held to the same doctrine now that he did
sudden revolution on the part of the Deg
mooracy. he believed that the Senators
objected to should be called in the regular
order in which they are named. The SEN
atOr from L uisiana (Kellogg) was here
with a legal certificate, but objections
were made TO swearing him in yesterday.
On the very grounds upon which be WIS
stopped from taking his seat yesterday the
Senator from Alabama (SpeDcer) had the
right to lnterpOs5 an objection in the case
OF Mr.. Lamar, 1t seemed to him (MOrtODl
that this was an attempt to have one doc
trine in one case and another doctrine in
another case.
Mr.. Dawes advocated swearing in, hold
ing that Mr.. Lamac presented himself with
proper certificate.
Mr.. Blaine argued that the report in the
Mississippi ease might show that the Leg
blstnre which elected Mr.. Lamar was not
legal, but he shonld be sworn in now, and
all this was matter for subsequent in
quiry of the Senate. 1t was o dangerous
thing to atop a Senator from taking the
oath who presented himself with proper
credentials.
After further debate Mr.. Spencer said he
was opposed TO seating Lamar because the
Legislature which elected him was a fraud.
He then sent to the Clerks desk and had
| read rs part of his remarks the report of
Mr. BOuJwelts committee on Mississippi
| affairs.
Mr.. Hamlin, from the committee to notify
the President that toe Senate was organ
| lied, reported that the President would
communicate to morrow in regard to execu-
| tive business.
After reading the report of Boutwelrs
| committee, the discussion was continued
by Messrs Morton, Wadleigh, Dawes, Nc
MILAN and others, when Nr. Spencer moved
! to amend the resolution of Mr.. Wallace SO
30 IEn,, .Tla,,e L. NJ -,
| the Committee on Privileges and Elections
| Rej5cted-Yeas l, nays So.
Mr.. Thurman said he would be sorry to
believe the faculties of tho Senator from
Indiana were failing, but he must cav that
! the faculty of memory in that Senator,
/ judging from bis remarks, showed weak
ness, which might we'll give concern to his
friends Hs tMr. Thurman) said in the
| Goldthwaite case, in the PinchOaok case
and again now that where the man had
been elected by that body which was CON
fessedly the Legislature of the State ald
| brought with him the credentials prescribed
by law, there was not, in the whole history
of the country, precedent which would
prevent him being sworn in, but it maue a
vast difference as to whether the man had
beeu elected by Legislature or by mob.
According TO the report Of the Committee
| on Privileges and Elections the Legislature
which elected PiDohback was not the Legis-
lature of Louisiana, and it was upon that
ground, and that ground alone, that the
Senate said his credentials did not make a
pT'iRa fdcie case.
Mr.. Morton said the election of Pinch
back was certified 10 by the Governor
acknowledged as such by every department
of the Federal government The Legisla.
tture which elected him was the aekDOwl-
edged Legislature of the State, and had
enacted hundreds of statutes, besides it was
recognized by the Supreme Court Of the
State. He argued that the report in the
Mississippi case might show that the Legis-
lature that elected Lamar was not the
lawful Legislature of the State. What
took place in Mississippi during the cam
paign Of 1875 presented a scene of carnage.
That election was q fraud, an outrage from
beginning 10 end. 1t was not within the
power OF man to furnish an excuse for rhe
Ourrages committed IN Mississippi in 1873
The campaign was an Prmad one, and Re
/ publican majority of 30, 600 was overcome
by violence, by every species Of iutimida
ton, unlawful pressure anu outrage.
Mr. Blaine said be had been in the Sen
ate Just long enough to know how unpleas
ant iG was to have record He was glad
to see his friend from Ohio (ThuTmanl COM
ing over to the right. but he begged his
friend from Indiana (MOrtOn) not to gel
wrong Just at the moment his friend IRON
Ohio was getting right.
Mr.. Merton asked what objection the
Senator had to Mr.. Kellogg being sworr
in.
Mr.. Blaine replied that he had prepared
resolution on that very subject Let thii
case be disposed of. The Senate would 500
how he stood in regard to the Kellogg case
Mr.. Morton said so far as the record wa
concerned, he proposed to take care of it
The Senator from Maine would have quit
enough to do to take care of his own re
cord.
Mr., Christianey read from the testimOn,
taken by Mr.. BoutWelrs committee to thu
effect that no branch of State or Fedora
government had ever questioned the legal
ity of the Mississippi Legislature. He ar
! gned that its legality had been recognlnN'
by the Supreme Court of the State. N
doubt there had been intimidation in SOM
parts of the State, but majority OF tn
Legislature were legally and peaceabl.
elected, and they had right to pass on thu
returns of other members of case ID con
| test from districts where violence existed
He 81 gued that this case was not like tina
of Pinohback, as in that case the commltte
of the S5pate hai reported that there wa
no legal Legislature In louisiana; he eo W
see no objection TO the admission of MI
Lamar, he said. The Senator from Mich
gan argued that the Supreme Court OF ME-
sissippi recognized the legality OF the Legs
latnre. So did the Supreme Court OF Louis
lana, BY repeated decisions, recognize In
, Legislature which elected Pinchback
The original resolution of Mr, Wallse
, was then agreed TO by vote of 81 yeas
nAy-Mr. Wac ligh.
Mr. Rollins, who voted In the former rol
call, was not in the chamber when his nam
was called on the original resolution.
! Mr.. Lamar was then escorted to the desl
Of the presiding officer by Mr. Davis, Q
: West Virginia. and the oath of office wa