The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-03-08


siitute' Referring the Credentials of
Kellogg blaine In His War Pant
He swings Clear of the Adminisfra.
ti0n,
might Associated Press Reportl
Senate: Mr.. Bayard, OF Delaware,
who was entitled to the floor, said his
reasons for moving to refer the Gre
dentials Uf Mr.. Kellogg to the COM
mittee on privileges and elections,
We're that it is warranted by the I'M
broken usages of the body, so far az he
was informed, since its organization.
The credentials of Mr.. Kellogg did
create prinld facie case, because they
were signed by Stephen b. Packard,
who was not Governor of Louisiana,
either dejure or defacto, on the con-
trary the Senate must take cognizance
of the public fact that Francis +.
Nichols was the governor of that State
and had legal legislature acting in
accord with him-that they had
control OF every part OF the
State OF Louisiana except about one
acre, upon which stood hotel used
by Packard as a State-houso. He ar
gued that Nichols was the only gov
ernor Of the State to-day, and his GER
tificate was the only one the Senate OF
the United States could justly respect.
This case Is not now, but it demanded
the same consideration now that it
did in 1878, when the discussion was
continued at such length. He argued
that it was the duty Of the Senate to
see that the State OF Louisiana was
represented here by two persona, but
these persons must be chosen by her
law full Legislature. He then referred
to the use OF military in the South,
and said there was an admission of the
outgoing misunderstanding, but
honest--that the use Of military to up
hold State governments had been tried,
but with no good results.
He then quoted from the telegram
of the late president to the effect that
a government which could not main
tain itself without the aid of the strong
arm OF the military should be per.
mitted to 60 down. He (Mr. Bayard)
argued that "this language 10 a para.
phrase Of the language Of the Declare
ton of Independence, under which our
people took up arms TO make them.
selves free"
Ex.President Grant, who came into
the chamber soon after the Senate met
was an attentive listener to the above
remarks Of Mr.. Bayard,
Cotinuing his argument, Mr., Bayart
commented on the illegality Of thu
Louisiana returning board, and spoke
OF the proof in regard thereto Offered
before the electoral commission. HI
said: "a majority Of that commits
sion claimed that they were only i'm
bued with the counting power Of til,
two houses of congress; held that the,
could not look into the charges Of frau'
against that returning board. Their
was in that decision blow to m.
fondest hopes and belief in law" III
then referred to the remarks Of MI
Edmunds, in the Pinchback case, II
1875, and said: "That senator backe,
his objection to Pinchback to tn
illegality of the Louisiana returning
board.n
He then replied to the argu
ment of Mr.. Blaine, to the efiec
that the decision Of the electoral com
mission was binding upon the Senate
but contended 1t had no force In tn
Louisiana case now pending to con
troll the action of the Senate.
Mr.. Blaine asked II the senator iron
Vermont, Mr.. Edmunds, did not sal
isfy himself as q member Of the elet
toral commission of the legality, of tn
competency and OF the constitution
atty Of the returning board.
Mr.. Bsyard said the senator fror
Vermont gave as his reason for a.
ceptiug the Louisiana returning boar
the want of power to examine into 1t
return and composition, and contir
uing said the commission refused
take testimony which the Senate wa
bound to take. The remarks Of th
senator from Maine yesterday led hit
with much abruptness to challenge u
, the position Of the president Of Il