The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-03-09

Grover to be seated upon prima facie case en-
titled Kellogg to be seated on the prima facie |
case Yesterday. He denied that there was any |
analogy that there was any resemblance be- |
tween the two cases. The Oregon case was one |
in which there was legislature, an ascertained |
Institutional legislature, and necessarily but
one. 1t was a case in which there was an as
certained and acknowledged Governor and only |
one constitutional Governor because the consti- |
tuition does not acknowledge dual executive in |
any state The facts in the case of Grover
made up a prima facie case and the claimant
vestieatior could be made as to The alleged vice
lying behind the certificate. The Senate knew,
the world knew, that two rival bodies, hotly
contesting restrained from violence and tur.
moil by the arm of power, had been asserting
each against the other that II was the lawful
body lawful legislature OF Louisiana. 1t was
equally notorious that two Governors had been
sworn in and each was insisting that he was
the lawful Governor aud executing the preroga-
tives, the attributes of the executive OF the
state. The essential question IN regard to
Louisiana was whether there was legal legis-
lature in Louisiana, and whether there was a
lawful Governor, aud that question the Senate
would be called upon to decide. Whether a
lawful legislature existed in the state or not
did not stand behind the certificate of kellogg
but stood before it in the first of it. 1t was
proposed that the Senate should decide the case
yesterday without even being permitted to see
one word of the testimony taken by the COM
mittee of the Senate, and while the COPY of
that testimony was laid upon the table of the
printer. For one he was rot ready to decide in
such haste. He could not forget that the late
chief magistrate of the United States. not
more illustrous for his great deeds than for his
common sense, was not able to ascertain with
all the light be had after three months exam
NATION OF the subject, that Packard had been
elected Governor of Louisiana or that the leg.
lslaturc which supported him was the legal
legislature of the state. Where the late exec
utlve OF the nation had been unable to ascer-
tain that fact it seemed to him (Conklng) that
it would be suitable for the Senate to wait un-
til there should come from tue public printer
the testimony already taken.
1t had been stated in debate that the case of
Kellogg might be treated, in some way decid-
ed or determined by something done bv the
electoral commission. He then referred to
the decision of the commission in the Louisiana
case and argued that the commission held they
could not 60 behind the certificates because
their power was limited by the clause of the
Constitution in regard to counting the electoral
vote, but the Senate in determining upon the
qualifications and returns Of its members must
inquire whether there was legal legislature
in the state, whether there was governor sat-
isfying the Constitution. The present alleged
governor (Packard) had never said be was
aware OF having been recognized by any de-
partment OF the government for any purpose.
He did not even certify to the electoral vote
from Louisiana, as that was certified to before
his claim arose. The electoral commission de-
clded that it had not the 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 This question had some significance in
the light OF events swiftly passing before us.
Addressing the Vice President, he said: The
other day, you sir, on the eastern portico of the
Capital overlooking an immense concoarse of
people, saw the oath of Office administered to
the Chief Magistrate of the Republic, in whose
election under the forms and substance of law,
all parties and all factions whatever their con-
yictlons may be, have peacefully acquesced.
Standing to be endowed with the power of the
Chief Magistrate he uttered to his countrymen
something OF the principles, the purposes, the
in spiratiOns which would actuate his admins
tration. Mr. Conkling then quoted from the
inaugural address of President Hayes in regard
to Southern affairs, and resuming his remarks
said: Can it be that the Chief Magistrate who
uttered these words does not not design with
conscientious aim at the right, to find out, to
ascertain, to declare who in truth on the 9Th of
November last, was chosen governor of Lou
isiana, who in truth of these contestants in the
various legislative districts were entitled to sit
and constitute the legislature of Louisiana, to
constitute that body in despite of which there
can be no other with character higher than
mob? And if the Chief Magistrate freshly an
nointed with his great duties does mean, as we
are all bound to believe he does, by the modes
provided in the Constitution and law, to ascer-
tain the very truth of the election in Louisiana,
shall it be said that on the threshold of his adj
miniStratiOD, as he enters the door of official
life, the Senate in order to be consistent and
allow Mr.. Grover, senator from Oregon to | 9
sworn in, must proceed without any invegtiga-
tlon OF a committee to close the door IN the
face OF the President, or leave him, if his iudg
ment required him to do 1t, to attempt to rec
ognlze one state government although the Sen
ate had recognized another, or bow before the
hasty assertion of the Senate made without in
vestigatiOn, and be foreclosed by Judgment,
no matter how repugnant to his judgment 1t
might be?
In conclusion Mr.. Conkling again alluded to
the Louisiana case, and said he thought it was
consistent to refer 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.
Mr.. Morton spoke of the facts necessary to
constitute prima facie case. and claimed that
the case of Kellogg was regular on its face. He
came with proper certificate, signed by the
Governor, and therefore had prima facie case
which was not invalidated because there was
another body in the State pretending to be the
Legislature, or another person in the State pre-
tending to be the Governor. 1t had been ar
gued here that because General Grant did not
should not do so. He had as much respect for
the late President as any other man, but he
failed to see the force of the argument men
toned. The views of the late President could
not be brought here to influence the Senate.
MIR. Thurman said he had nothing to saw in
regard to the Louisiana case to-day, When the
committee reported on that case, if be was able
he would express his views He arose now for
the purpose of referring to the charges against
Governor Grover in the petition presented by
me me senator from Oregon (MitchelD yesterday.
They were general IN their character, and as
vague as it was possible for language to make
them; but Governor Grover desired him to saw
that ne coulted the fullest investigation, and he
would therefore vote for the resolution offered
by the Senator from California
Mr.. Mcmillan argued that Packard had a
complete and unbrokeu title to the office of
Governor OF Louisiana aud was de jure gov
| ernor OF that Safe.
MIR. Salisbury said it had been stated that
the people OF the city of New Orleans we're an
armed mob. more unjust or erroneous SLAP
der had never been made. He commented on
the Packard government and argued that it
was usurpation. Packard had no title to the
Office and was afraid to show himself out of the
| st. Louis Hotel occupied as the state house.
He (SaulsburyJ believed the ladies Of New Or.
leans could drive the whole Packard govern
ment out of the city provided it was not aided
by the federal power of the United States
(Great laughter and applause in the galleries J
The Vice-Presdent Nadmonished the occu-
pants of the galleries that the applause must
not be repeated.
Mr.. Salisbury resuming argued that no one
was SO poor as to do Packard honor and it was
madness to attempt to impose upon the people
of this country man barricaded in hotel as
the lawful governor of a sovereign state. He
was not surprised at the words of peace uttered
by Mr.. Hayes. They did honor to his heart
and honor to his head. He (Saulsbury)was not
in favor of his election and did not believe he
was elected, but now that he had been clothed
with the duties of the Office he was glad to see
that he appreciated the high duties imposed
upon him by his oath. He was surprised at
the attempt made on the floor of the Senate to
bulldoze the incoming administration, and the
announcement that its policy must not b. paci-
fic., He trusted that Mr.. Hayes would be able
to defeat the appeals of partizans and obey the
high behest of statesman.
Mr.. Howe referred to the case of Packard
and said he was not an outlaw but he could not
show himself on the streets of New Orleans 1t
the people Of New Orleans were law-abiding
why should Packard be afraid to show himself
before them. 1t has been said he claimed an
office to which he was not entitled. The same
thing had been said about the President of the
United States, and yet in this law-abiding city
the Presidentwas not afraid to show himself.