Year: 1875

IuSCo VI bhlo hluu


Mr., Morton said he did not propose
to go into constitutional argument upon
this question; he had only to say it had
been decided heretofore, as in the Louis
lana case, besides the enforcement act had
been violated in Mississippi and the blow
had failed upon the colored people as 1t
was intended to.


Mr.. BAyard denied that the Louisiana
case was similar to this. That lnvestiga-
tion was under q clause of the Constitu-
ton, which made the Senate sole
Judge of claims for seats
in that body. Ii the law had been vlo-
lated in Mississippi, the courts were open
and this was good law These courts
were open for the indictment of the of
tenders, and for damages against those
who wrongcd others. In these courts
tho remedy was to be found. 1t could
not be SAID that the political or party
friends Of the Senator from Indiana in
Mississippi had not full and equal chances
before the law, IN either the State or the
United States courts, The officers all
over the State, from Governor down to
constable, were of the Senator's party,
and If they could not punish violations
of the law, it was sad confession for the
senator to make. When the new senator
from Mississippi came with his crcdcn-
tials, If there were grounds that
he was not qualified then the Senate
could set rs judges but until that no ac-
ton could be taken. When before, IN
the history of this country, did tho Sen
ate of the United States propose to take
testimony in regard to the election OF
members Of the other house of Congress,
rs this resolution proposed to do1 The
Constitution provides that each house
shall bc the Judge of the qualification OF
its members. The Governor OF MIssis-
sppi asked for federal troops before
the late election TO keep the people Of
that State in awe The correspondence
between him and the head department Of
Justice, was known to all. Governor
Amcs failed TO show any occasion Tor
federal interference. Mr.. Bayard then
referred to the late message OF the Prcsl'
dent, and said there was not one word
about Southern affairs. The department
of Justice had its agents down there,
gathering information for the guidance
of that department, yet from that depart
mcnt there was not ono word or sugges-
tOn, as to these alleged wrongs. II these
things existed it was remarkable that the
President of the United States renamed
silent on the subject. All this matter
came from the Senator from Indiana,
who always seemed 10 have in his pos
session, statements hostile towards the
peace of the Southern StatCs-somc a.scr-
lions without character against the
whole people of that country. This was
revolutionary proposition. 1t was hut
another step in the march towards the
consolidation Of the power, which the
people OF this country must see. This
was the first time that the Senate of the
United States sought to take testimony
concerning the election of members in
the House Of Congress. At the time
these Southern people were found help
less and bleeding at the foot of the Sens-
tor from Indiana and his party. The
Senators on Mr. Bayard's side
asked when the time was to come that
the Southern States could be re-cstab-
Hshed. The Senator from Indiana Nor
ton was then asked what warrant he
found in the Constitution for his action,
but he could give no answer. When
asked why he would interfere with Ten
nessee or Mississippi any more than he
would with New Jersey or New York,
he answered: We claim right to deal
with these Southern States. In his own
State of Indiana he had seen a great
change in popular vote recently, and
there might be change in the popular
vote in the Senator'S State (Delaware.)


Mr.. Bayard-Ycs, sir, but il my pco-
pie express their ballot against me at the
ballot box, will not come here to ask
the Senate TO rcvolutioAize my country.
TApplausc in the gallery.


The Vice President announced that If
it should be repeated he would order the
Scrgeant-at-Arms TO clear the galleries.


Mr.. Bayard rcsuming said, "The Senate
by giving assent to the proposition OF tn"
Senator from Indiana, would declare that
the elections in the State were to be
Judged by the Senate


Mr.. Thurman said the resolution of
the Senator from Indiana had not been
referred to any committee. II was
brought in by the Senator yesterday and
contained the preamble that, "WhcreaS,
it Is alleged that these disorders existed
He asked by whom il was alleged,
not the President of the United States,
or any department Of the Government,
or anv paper before tho Senate. 1t was
alleged by papers, the address on which
was IN the private pocket OF the Senator
from Indiana. Did that Senator want to
forestal the judgment of the Senate by
going into an inquiry, which should
not come t. the Senate be-
fore 1871, when it came to
decide on the credentials of the person
who might come there claiming seat
for the State of Mississippi. Other sena-
tors would be in the chamber then, to
decide that question, and this senate had
no right to iorcstal their judgment. lie
referred at some length to the Louisiana
case, and argued that it was no precedent
for the action now proposed. In the
Louisiana case the investigation was not
ordered until after the credentials OF the
persons claiming seats from that State
were presented. 1t would not do for him
to say that this was an attempt on
the part of the Senator from Indiana,
to get up an clectionccring document Mt
public expense, but when the Senator
Morton asked himself what right tho
Senate had to pass such a resolution, he
would find it impossible to give himself.
satisfactory answer. He Thurman
agreed with the Senator from Delaware,
that courts were open in Mississippi. If
the enforcement acts had been violated
the offenders could be punished.


Mr.. Morton said, in his opinion. this
debate on the part of his Democratic
friends, was simply extraordinary. 1t
was in conflict with the whole OF their
course in the Louisiana case. lie argued
that the Louisiana investigation was or
dered by the Senate, before the crcden-
tials of the apphcantr Tor seats were pre-
e,r,oJ anI hp bpliaypd the Investigation