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16 CONGRESSIONAL RECORD- SENATE. M.AROH 7,

this Cb:m1ber that the electoral vote of Louisiana wn.s legally and Mr. BLAINE. Do I understand the Senator from Ohio then to main­ properly cast for Rutherford B. Hayes and yourself, Mr. President, is tain that the returning board was good enough to count in the elect­ • permitted to douht tha.t S. B. Packard is equally of right the governor ors for President, but not good enough to determine who was gov­ of that State. There may be some technicality, there may be some ernorf keen form of logic which I have not yet heard and which I do not Mr. THURMAN. If the Senate asks my opinion, I say it was not think I shall ever be able to comprehend, by which a man who had good for anything except to be hung. [Laughter.] nearly a thousand votes more than the electoml ticket received was Mr. BLAINE. I believe the gentlemen in Louisiana, whom the not elected governor when the electoral ticket was chosen. Senator from Ohio represent.s in his opinions, hold that the electoral And I frankly repeat that I am not permitted to doubt, no man is cotumission deserves about the same thing, or at least eight of them. permitted to doubt legally to-day, certainly the other side of the Mr. THURMAN. A majority. [Laughter.] Chamber is not permitted to doubt legally, that the electoral vote of Mr. BLAINE. I want to hold the Senator to the point that the Louisi..'lnn. waa properly cast for Hayes and Wheeler. It was decided Legislature, the governor, and the presidential electors of Louisiana so by the tribunal created by that side of the Ch:m1ber. The Senator all derive their legality and their right to act from the same source from Connecticut [Mr. EATON] bows to me. He and I are guiltless and the same count; that if one is discredited the other is discred­ of that tribunal. But with the single exception of the Senator from ited, and that, the electors having been accredited by the highest Connecticut, every gentleman on that side of the Chamber in the Con­ tribunal known to the Constitution and the laws, he is precluded gress just closed voted to establish that tribunal, and it came in with from raising a doubt on that question, and it is therefore that I main­ pe~ms aD(l shouts and congratulations that the day of the political tain, without any elaboration of argument, .that, resting as Mr. Kel­ millenium bad at last dawned, and that we had now established a logg does his claim to a Senatorship here upon as broad a basis and tribunal distinguished above all human instrumentalities for impar­ upon precisely the same foundation that the presidential electors tiality and to whose decision we would all bow in the most ready rest upon, he is entitled to be sworn in, and I say to the Senator from spirit of cordial acquiescence. They took the question into consider­ Delaware, whom I am always desirous of treating with courtesy, that ation and heard it elaborately argued, and decided, as I believe right­ I believe the right of Mr. 4Kellogg is just as absolute as that of Mr. fully, that the electoral vote of Louisiana belonged to Hayes and Morgan, and therefore I could not find that I was under any obli­ Wheeler. gation to yield the one to the other. Mr. THURMAN. Will the Senator allow me to interrupt him f Mr. BAYARD. I did not signify any obligation. It was a mere Mr. BLAINE. Certainly. matter of practical convenience. Mr. THURMAN. The electoral commission decided that it could Mr. BLAINE. I know that there has been a great deal said here not look behind the decision of the returning board. and there, in the corridors of the Capitol around and about, in by­ Mr. BLAINE. Precisely; but it did decide-- places and in high places of late, that some arrangement had been 1\fr. THURMAN. I am not through. The decision was that it could made by which Packard was not to be recognized and upheld; that not look behind it, and therefore would receive no evidence. But he was to be allowed to slide by and Nicholls was to be accepted as does the Senator say that the Senate of the United States, that is governor of Louisiana. I want to know who had the authority to made the judge of the elections, qualifications, and returns of its make any such arrangement. I wish to know if any Senator on this membors- - floor will state in his place that any person, speaking for the admin­ Mr. BLAINE. The Senator is too rapid. I am coming to that. istration that was coming in or the one that was going out, had any Mr. THURMAN. That the Senate cannot look behind that return-· right to make any such arrangement. I deny it. I deny it with­ ing board f out being authorized to speak for the administration that now ex­ :Mr. BLAINE. I am coming to that in due season. The Senator ists. But I deny it on the simple, broad ground that is au im­ will permit me to say, however, that the electoral commission, of possibility that the administration of President Hayes could do which he was an honored member, did decide that the Louisiana re­ it. I deny it on the broad ground that President Hayes pos­ turning board was constitutionally and legally competent to make the sesses character, common sense, self-respect, patriotism, all of which count which determine

Mr. Grover advanced to the area in front of the desk, escorted by referred the credentials of P. ·B. S. Pinchback and W. L. McMillen, claiming seats in the Senate 88 Senators from the State of Louisiana., reported that the committee Mr. WALLACE. were evenly divided upon the qnestion 88 to whether Mr. Pinchback is, upon his Mr. HAMLIN. The Senator from Oregon, [Mr. MITCHELL,] now a credentials, entitled to be sworn in as a member, and ask to bedischargedfrom the member of this body, is not in his seat; and, until be is in his seat, further consideration of the snbjoot and to refer the whole matter to tho determi­ I object to the Chair administering the oath to the Se1.ator-elect from nation of the Senate. that State. That was in December, 1873. On the 20th day of January, 1874, Mr. \VALLACE. As a Senator o:f this body I present the Senator Mr. MORTON submitted the following resolution: from Oregon as a member of the body, and ask that he be sworn. Resolved, That the credential of Hon. P. B.S. Pinchback be referred to the Com­ Mr. HAMLIN. And as a member of this body I object to it, and I mittee on Privileges and Elections; that the committee have power to send for per­ have stated my reason. The Senator from Oregon [Mr. MITCHELL] I sons lmd papers, and be instructed to investigate tho circumstances attending tho know has some papers in his possession which he desires to present, election of said Pinchback to a seat in this bOdy. and I think it is perfectly just and proper that he should have that That was in the month of January, 1874. Nearly one year after opportunity. that time, upon this same "p1'irn~ facie case," as it then was called, The VICE-PRESIDENT. Objection being made, the credentials as it before bad been urged to be, as it was subsequently and to the will lie on the table until the Senator from Oregon [Mr. MITCHELL] last urged to be, Mr. MORTON submitted again on the 23d of Decem­ enters the Chamber. ber, 1874, the following resolution: SENATOR :FROM LOUISIANA. That the Senat~ reco~es the validity of the credentials of P. B. S. Pinchback, as certified to by William P. Kellogg, of Louiaiana, under the seal of said State; The Senate proceeded to consider the resolution submitted by Mr. and the Committee on Privileges and Elections are instructed to examine andre BLAINE to administer the oath of office to William Pitt Kellogg, S!3n­ port if said Pinchback is entitled to be admitted on the prima. facie case thus made, ator-elect from the State of Louisiana, the pending question being or if such admission should be postponed until mvestiga.tion is made as to the on the amendment of Mr. BAYARD • charges of corruption in his election alleged against him. Mr. BAYARD. Mr. President, my reasons for moving the refer­ I cite these resolutions for the purpose of showing not simply a case ence of this certificate to the appropriate committee, or rather that parallel to the present, but a case growing out of a similar condition it lie on the table until the appropriate committee shall be appointed, of affairs to the present, a case growing out of a disordered society, are those warranted by the unbroken usages of this body, so far as and that society, the identical State in whose name and as whose I am informed. The certificate is in some respects informal, not con­ choice you are asked to-day, without hearing or investigation, to treat taining the usual recital of the performance of the act of election by the presentation of credentials as forming a prim,a facie case that in the Legislature of the State, in the manner required by the act of Con­ disregard of your constitutional duty and power to judge whether gress; and yet I consider it substantially sufficient. It appears to be you are recognizing the true voice of that State or whether you are signed by Stephen B. Packard, as the governor of Louisiana, is datecl adding to her want of due representation the still greater wrong of the 11th day of January, 1877, and recites the election of William P . . mis-representation. · Kellogg as a Senator of the United States by the General Assembly Under the Constitution of the United States, it is the power and of Louisiana. Under the usages of this body a certificate, regular in duty, and the sole power and duty, of the Senate of the United States its form, and reciting the substantial fact of election by a competent to judge of the elections, the qualifications, and the returns of its body, has been held to constitute a prima facie case, which entitles members. In exercising this power we sit as judges. Our duty is the holder to be sworn in at the commencement of his term, leaving judicial not only in form but in temper; not in temper only, but in objections not yet made to be examined and passed upon subsequently. substance; and when yon say that you are to judge you imply It creates, I say, a primafacie case, but when this prirnafacie disappears necessarily that you are to inquire and ascertain the truth before you the presumptions of lega.lity and regularity which give it its force are commit yourself to judgment. It is our duty to the State of Louisiana all reversed upon anything appearing to the contrary. Therefore there to see that she is represented by two persons upon this floor chosen by is before us to-day no prirna facies that Stephen B. Packard is either her Legislature; it is our duty to admit them, it is our duty to exclude de jm·e or de facto the governor of the State of Louisiana, nor that all others. It is our dut.y to the Union into whose legislative cham­ the body which he has certified to be the General Assembly of the ber these men propose to come, to know thb.t they come under the State of Louisiana is the General Assembly of that Stat-e. On the forms and under the meaning and intent of the Constitution that was contrary, there is public knowledge, of which every member of the meant to guard the right-s of all. A person coming here unwarranted Senate is bound to take judicial notice, that Ji'rancis T. Nicholls and by the Constitution inflicts just as great injury upon all the other a Legislature elected with and in accord with him, and a judiciary States as upon the individual State whose name he has falsely as­ acting in accord with him and them, to-day constitute the executive, sumed. legislative, and judicial branches of that State's government and have Mr. President, it is our duty to-day, as I have moved, that the reg­ actual control of the affairs of the State of Louisiana, control of every ular steps be taken that shall give us that precise and plenary infor­ foot of the soil of that State, excepting, perhaps, a single acre of land mat.ion which shall enable us to decide this important question upon which stands a hotel used as a state-house by Mr. Packard, and justly. And here let n.e say that in the mind of the honorable Sen­ that which he terms the General Assembly of that State, an asylum ator from Maine who spoke yesterday, [Mr. BLAINE,] and perhaps in into which Mr. Packard has retreated and in which he remains guarded others, there seems to be a confusion of ideas as to the powers of the by bodies of troops of the United States, sent there by order of the executive branch of this Government over the question of the recog­ President of the United States. nition of the several State governments. I have spoken of the power Now, Mr. President, if governments be ordained among menforthe of each House of Congress over its own membership and of tho inci­ protection of life and properly and the will and capacity to protect dental and the necessary recognition of State governments by the life and property are to be the tests of a government, then I say the two Houses in their separate action by giving seats in either chamber government of which Francis T. Nicholls is the head is the only gov­ to those who come clothed with the robes of law from their respective ernment worthy of the name in the State of Louisiana to-day, and States. But the Senator from Maine spoke of an implied recognition his certificate and attestation, and the legislature acting in accord of the State of Louisiana by the late electoral commission in its de­ and in recognition of his authority, is the only one that the Senate of cision, in which commission was embodied the power of the two Houses the United States can justly respect and recognize as valid. over the count of the electoral votes. On our tables lie reports of committees of both Houses of Congress He argued that these distributions of power have still some con­ taken at the last session, accompanied by voluminous depositions re­ nection one with the other. My answer is that they are wholly dis­ lating to the very facts otit of which the alleged election of Kellogg tinct; and it is a confusion unsafe and unwarranted by our form of and of Packard and this pretended Legislature are said to have government to permit their consideration to be mingled. All these sprung. All pretense then of prima facies has vanished, and is re­ powers severally, the power of the Executive incidentally to recog­ moved, by these pubJic facts and by these parliamentary proceedings nize which of two State government-s is the one entitled to his sup­ of the Senate and of the House of Representatives. port, the power of the two Houses each to recognize the duly ap­ I may say further to the Senate that for two years the credentials pointed agents of the State to become members of their respective of Mr. J. B. Eustis as a Senator from the State of Louisiana have been bodies, and the power of the electoral commission, representing the upon the files of the Senate authenticated by the seal of the State of two Houses of Congress under this late Jaw, to exercise powers as to Louisiana, certified by Governor McEnery of that State. They have counting the electoral votes, are wholly distinct and they find their never been brought up for consideration and no decision has been warrant and existence under totally different provisions of the Con­ passed upon them, and yet the title under which he claims is one that stitution. cannot consist with the authority under which Mr. Kellogg claims. Mr. BLAINE. Will it interrupt the Senator if I ask him a ques­ This case is not new, but it presents the same features of doubt; tion f it demands the same judicial examination and determination, ac­ Mr. BAYARD. If the Senator will let me go further he probably­ cording to the forms of parliamentary law, that it demanded and re­ will understand me better. Whence came the Executive power of this ceived in 1873, in a discussion that continued until the spring of 1875. Government to determine the false from the true in the recognition There will be found two resolutions, one on the 4th of December, 1873: of rival governments of a State f Under a clause of the Constitution On motion of Mr. MORTON, it was requiring the United States to guarantee to each State a republican Ordered, 'l.'ba.t the credentials of P. B.S. Pinchback and W. L. McMillen claim­ form of government and to protect them against invasion and against ing seats ns Senators from the 8tate of Louisiana., on the files of the Sena~ be re· domestic violence when too strong to be resisted by the lawful au­ ferred to tho Committee on Privileges and Elections. thorities of the States. The power of the United States thus to ful­ On the 15th of December of the same year- fill its guarantee of maintaining a republican form of government M.r: MORTON, from the Committee on Privileges and Elections, to whom were against invasion or domestic violence has bet n regulated by law, Vl-2 ·18 CONGRESSIONAL RECORD-SENATE. MAROH 7,

under which was vested in the Executive in case of an insurrection they had refused to canvass and compile the votes cast at that elec· too powerful to be controlled by the local authority of the State, to tion by the people of Louisiana upon the only basis on which the law aid the duly, regularly established republican government of that permitted them to canvass and compile such vote, but they had de­ State against intrusion or against domestic violence. liberately selected as the basis of their action a class of statements Mr. Presiflent, it never was intended that every contested election which they were forbidden by the law to consider. in a State should be used as a pretext to call upon the Executive of the I do not propose to fatigue the Senate or myself at this time, tore­ nation to interfere in behalf of one of two political opponenm; anb yet argue the laws of Louisiana touching elections. They are before the this has been done and done too frequently within the last six years in Senate; they are here in reports; they are here in the printed testi­ Louisiana, and from such exercise of power the difficulties and the mony; and the Senate is bound to take notice of them. Not only was distress that we witness this day have chiefly arisen. The fruits of it offered to be proven to the electoral commission that this returning such interference are before us to-day and have grown into such board, merely ministerially, having but quasi-judicial powers in ce!'­ serious importance to the welfare of the entire country as makes tain given contingencies and in no other, never for one moment re­ their settlement no longer capable of being neglected or postponed. garded the laws under which alone they had any power but acted The power and the duty.of the Executive in recognizing one of two altogether outside of any legal authority. Called upon by law and contending governments within a State, only grows out of the ex­ authorized by law to canvass and compile the statements of commis­ treme case of actual insurrection soextensive as to threaten the auton­ sioners of election, they never canvassed or compiled the statement omy of the State's government. If it be not carefully, consider­ of any commissioner of election. Called upon to consider charges of ately confined to such cases, H would be a power that could create intimidation and violence only when those charges were brought to cased at its own will for the very purpose of taking sides in a polit­ them through certain specified and legal channels, they did not follow ical contest. As I said, it never was intended that such a power should the legal channels once in their action, but at all times acted entirely be used to settle mere political disputes or under color of preserving outside of them. Called upon to canvass with honesty, they can­ a republican form of government in a State· to take sides between vassed with a fraud that was monstrous; not simply j,hat suborna­ political parties, however heated might be their controversies, much tion of perjury was by them frequently resorted to, but forgery itself less in advance of conflict upon a claim of assistance from one side was committed under their instructions; not only were tru'~ returns to anticipate that by using the entire force of the nation pending an not regarded, butfalse returns were deliberately fabricated; and then election to produce a result in favor of one of the contending parti­ the shocking feature was presented that they offered to pnt in the sans. market their authentication of the voice of that State and sell it to It seems to me that this confusit~tn of ideas, this misunderstandiBg of the highest bidder. the objects with which the Executive waa invested with this power, All these things were offered to be proven to the electoral commis­ if ontinued, would lead to an absolute destruction of alL local self­ sion; but their decision was that, being endued only with the count­ government. In this country at times we blame the masses for their ing power vested by the Constitution in the two Houses, they had no apathy; at times we blame them for their over· excitement. For my right to consider any or all of these things. They treated these facts own part I believe the dangers to our liberty come more from the as proven, and yet they said, "We cannot look at them; for, if you former than from the latter. Animated, even bitter discussion is better prove them all to be true we have no power to change the resul~ of than cold indifference. Men must feel strongly before they can be that fraudulent certificate." inclnced to undertake the great trouble and difficulty steadily of main­ Mr. President, I do not propose to comment npon that decision. I taining a free government; and if those political excitements and have done so elsewhere, and to those with whom I was associated. contests natural and. incidental to a spirited, a strong, and a vigorous Tbat decision was a. blow to my fondest hopes and to my most honest people are to be used as pretexts for constant interference by the ex­ belief in law. I believe that there was a clear abdication of a positive ecutive power of the nation invested with the control of the military duty for which I cannotfindexplanation in my own mind after hear­ arm, for the purpose of settling these disputes within the States, then ing the discussions in the commission on that subject; :yet neverthe­ we shall find that for the sake of peace, political duties will be dis­ less it was so. They denied all power to consider those things which regarded, and in lieu of excitement you will have an apathy that is this Senate must consider, which the oath and the duty of every but the precursor to the death of that spirit that can alone make and member of this body binds him to consider; and let me here say that keep a people free. in the course of those discussions before that commission, when it Sir, after repeated trials of this Federal interference there came a was urged that parliamentary committees from either Honse had been recognition, tardy but I believe honest, of the outgoing administra­ sent down under resolutions of the Senate and of the House to take tion that such methods, had been tried with no good results. I have testimony directly upon these subjects, the answer not once bot al­ read lately telegrams authorized by the late Executive stating to Mr. most always that came from those who decided not to hear any testi­ Packard the simple and forcible truth, that a government that did mony whatever was that the power of the Senate to pass in judg­ not possess the confidence and the respect of its people sufficiently to ment upon the elections, returns, and qualifications of its own mem­ maintain itself without the interposition of the strong arm of Federal bers was admitted, but that that was not the measure of the power military power ought to be suffered to go down. This was a reluctant of the commission. bot positive recognition after all that this government of ours does In contending that the commission had not the power to hear any spring from the will of the people; it is based as to all its just powers testimony, they illustrated that argument by showing that the Sen­ upon " the consent of the governed;" and I view the late dispatch ate had the power. Why, sir, if proof were needed of that, I would of which I have spoken as being nothing but a paraphrase of the take one of theleading minds of this bodyandof thatcommission, the very sentiment of the language of the Declaration of Independence honorable Senator from Vermont who is not in his seat, [.Ur. ED­ under which OOI' forefathers took up arms to make theQlselves free MU~"Ds,] who in 1875, on the 16th of March, addressed this body upon and independent of the British Crown. the question of the admission of Pinchback, claiming to be a Se~'lr­ Now, Mr. President, the duties, the powers of the Senate over the t~r from Louisiana, and holding jnst such a certificate as Kellogg question of membership in this body are sole, exclusive, and inde­ holds to-day. In the course of those remarks Mr. EDMUNDS gave his pendent; independent of the Executive; independent of electoral justification for his vote to exclude Pinchback from membership of commissions ; independent of everything bot our own conscience this body and he based his rejection upon the illegal action of the carrying into effect the Constitution, to discover what has been the Louisiana returning board. All over these pages running from-- choice of the State...... :.not the choice of the Senate, but what has been Mr. BLAINE. I do not understand the Senator from Delaware, if the choice of the State in the person or pe;rsons she has sent hero as he will permit me to interrupt him, as quoting the Senator from Ver­ her representatives. To do this we must examine the constitution mont as on record against the legality of the present returning board. and the laws of that State. We cannot determine whether the voice Mr. BAYARD. 0, sir, I am arguing this case upon a principle, upon that assumes to speak for the State is her true voice until we have traced a principle that applies to this and to all cases, the power and duty the only avenues by which a State can speak. It is through her · of the Senate to decide these questions according to the constitution agents, it is through her constitution, it is through her laws; and and laws of the State whose embassador in this body she proposes to when we would know whether a man who presents himself here is receive, and to show the honorable Senator from Maine that when he her representative, it is by examining whether he has come to us urges the action of the electoral commission as being of authority through those legal avenues which she has marked out for her repre­ upon this body or upon the Executive as affecting the question of sentatives to tread. Therefore, it is that our duty is utterly distinct State recognition he has no authority in law whatever for doing so. from those which were assumed by those of the electoral commission. Mr. BLAINE. All I meant to imply was that the Senator from Ver­ The powers of the electoral commission, on the contrary, as they were mont would hardly vote for the legality of the board in the electoral decided by a majority, a bare majority of the membet:S of that com­ commission and vote for its illegality in the Senate. That is all I mission, differ as to the measure of authority, differ totally aa to the meant. «iliaracter of authority, and according to that decision infinitely, more Mr. BAYARD. The Senator from Vermont did not pass on the restricted than can be the power of the Senate in passing upon the legality or ilegality of the returning board in the late commission. admission of its members. He said distinctly he would not take evidence to inquire whether What was the decision of that commission in respect of ascertain­ it was legal or illegal. That was in commission ; and in the debate ing what were the lawful electoral votes of Louisiana! The propo­ in the Senate tow hich I have referred he says he will consider evidence sition made to them was that they should hear testimony upon cer. to ascertain whether it is legal or illegaL tain subjects; that they should hear testimony to show that the re­ Therefore when the Senator from Maine asserts that the decision turning officers of that State, a merely ministerial body, having only of the electoral commission can have any weight by any intendment iJtatntory jurisdiction, had not only grossly violated the law of their to control the judgment of this body on the action of Senators in being, but had disregarded it in every possible form; not only that passing ~pon the right of a.dmisaion to this body, he is con.nting

... 1877. CONGRESSIONAL RECORD-SENATE. 19

without his host. I say that on these pages, running from page 64 to As to what was the knowledge or intent or motive of the Senator page 73 of the CONGRESSIONAL RECORD of .March 6, 1875, will be found from Vermont, I do not speak. I am only speaking of the decision au elaborate and able presentation of this very question by one of the of the elect.oral commission, of which he was a leading member, and ablest lawyers of this body and one of those whose opinion is most of what was his position upon the subject of the powers of there­ relied upon to give weight to t~e late <;Iecisi<.m of the electoral. c~m­ turning board of Louisiana when he came to pass upon the admission mission. And I say here that m the d1Scuss1ons of that comm1Ss1on of a Senator two years ago. That is all that I meant, and that is what the distinction between the powers and duties of the Senate or the I think I have stated correctly. House of Representatives in passing upon membership of their re­ So in regard to the election of governor of the State. The consti­ spective bodies was constantly brought up as illustrating the differ­ tution of the State of Louisiana does not commit to the returning ence between their powers and the powers and duties of the elect­ board any power whatever of canvassing or compiling the votes for oral commission over the count of the electoral vote. governor. That is fixed by the constitution, not by the law. Article When we of the minority of that commission would say, "Why have 48 of the constitution of Louisiana is: you sent committ-ees broadcast over a number of States f Why have ART. 48. The supreme executive power of the Stata shall be vested in a chief you adopted resolutions to inquire into these very questions of State ma~tra.te who shall be styled the ~ovemor of the State of Louisiana.. He shall elections f Why are your members of both Houses of Congress now bola his office during the term of four years, and, together with the lieutenant. occupied in taking such testimony if is all to be for naught and all governor, chosen for the same term, be elected as follows: The qualified electors it for representatives shall vote for governor and lieutenant-governor at the time and to be disregarded f Was it not intended to affect the result of the place for voting for representatives ; the returns of every election shall be sealed presidential election f Was it not intended to throw li~ht on those up and tr-.msmitted by the proper returning officer oo the secretary of state, who vexed questions in those disturbed communities Y" The maJority wollid · shall deliver them to the speaker of the house of representatives on the second day reply: "No; that was meant for action in the Senate and in the Honse of the session of the General Assembly then oo be holden. The members of the General Assembly shall meet in the house of representatives to examine and in respect of their membership, or for the purpose of legislative ac­ count the votes. The person having the greatest nnm ber of votes for governor tion." No, sir; the majority of the electoral commission found for shall be declared duly elected ; but in case of a. tie vote between two or more can­ their reasoning to justify their decision constitutional phrases which didates, one of them shall immediately be chosen governor by joint vote of the compel the Senate to-day, if those reasons are regarded, to have this members of the ~neral Assembly. election of a Senator properly investigated before we pass npon the And then follows the provision for the election of lieutenant-g6v­ admission of this person as a Senator from the State of Louisiana. ernor. Now, sir, I find t.hat provision of the constitution or of these The difference in the commission arising upon the great and controll­ laws was a matter in regard to which the electoral commission would ing question of the admissibility of evidence was as to the scope of take no testimony ; bnt in the speech of the honorable Senator from their powers. There was not a man there who would say that if he Vermont two years ago I find the very extract from the constitution had the .power he would allow these wrongs to be consummated. of Louisiana which I have read and which he read for his guide upon Their argument was that they had not the power and they must sit the occasion of his vote on t.he admission of a member of this body, by helplessly while wrong tTinmphed, because they had not the con­ and following after that, upon the same page, is a careful criticism stitutional power to examine into and resist it. of the language of the election law of Louisiana which was totally Mr. BLAINE. I must interrupt the Senator there with one ques­ disregarded by the commission in their decision. tion, for I want to be set right. Do I underMtand the Senator from In vain it was to say t.hat the returning board canvassed and com­ Delaware to say that the Senator from Vermont, whom he quoted piled their returns from certain sources when they had only power to approvingly, and no more so than I am always anxious to quote him, take them from certain specified statements ; in vain to say that they did. not, acting as a commissioner on the electoral commission, satisfy substituted false certificates; in vain to say that they fabricated re­ himself, and act upon that satisfaction, that the returning board in turns, that the real returns were given over to the hands of their Louisiana was a competent constitutional body to make the returns f clerks and had been brought up here to be hawked about the Capitol. Mr. BAYARD. The Senator from Vermont gave a.s his reason for Nothing of the kind would be heal'd; nothing was considered. Why accepting the certificate of that returning board his want of power not f Simply because the majority saw fit to decide that under the to examine iuto its exercise of jurisdiction, and therefore voted not counting power of the two Houses, which was invested for the time to recelve any testimony to prove that its jurisdiction had been ex­ being in the electoral commission, there was no authority or time to ceeded or fraudulently exercised. consider these matters or give them weight; but when we as Senators Mr. BLAINE. Was it not that he accepted it, that he had no now act we do give them weight, we do give them consideration; power to go behind what they had done, they being a legal and con­ and the very arguments that were made here by a member of that stitutional and competent tribunal f But does the Senator from commission against the admission of Pinchback show me the force Delaware mean that the Senator from Vermont did not satisfy him­ that he gave to the constitution and the laws of Louisiana. in his de­ self that that was not a fraudulent and illegal body, and however cision of that case. The election of .Mr. Packard as the governor of illegal and however unconstitutional the body might be, he was the State is provided for by very different machinery than that of compelled under that law to sit still and take its return f the returning board. I merely mention that to show the honorable Mr. BAYARD. He refused to hear any evidence on the subject. Senator from .Maine the incorrectness of his statement that the elec­ Mr. BLAINE. Any evidence on what subject t tion of Packard was by the same means, at the same time, and as to Mr. BAYARD. On the subject of the constitutionality or legality its effect upon the electoral votes counted for the President and Vice­ of that board and its action. President that they must stand or fall together. Mr. BLAIN E. Was not that affirmed and accepted by the electoral Now, sir, I wish to say that neither the President of the United commission on the ground that it was constitutional f States nor the Senate, in their respective recognition of the State .Mr. BAYARD. They did affirm and accept it in the face of facts government of Louisiana, are in the least degree bound by law, by that in my opinion-- the Constitution of the United States, by any law of moral or honor­ Mr. BLAINE. Ah I there the Senator gives way wholly. I say the ary obligation t.o follow the action of the electoral commission in ex­ Senator did not correctly represent the position of the Senator from cluding evidence which compelled them by the exclusion to accept Vermont, if he will pardon me ; he did not porrectly represent the the electoral votes of Louisiana as cast for the present President and majority ef the electoral commission. Vice-President of the United States. The measure of duty, as I have Mr. BAYARD. Mr. President, I am stating just that which I know. shown, to each is distinct. It differs in its measure; it differs in its­ I am stating just that which appears by the record. I am showing object. The President of the United States has beeu elected onder the Senator from .Maine, or trying to show, the falsity of the position the forms of law; and the reasons and justification for that decision he assumed here yesterday when he undertook to say that the Presi­ in his case must be found in the action of the majority of the tribunal dent of the United States and that this Senate were bound-I think appointed under the late electoral law. Through it- he holds his he said in honor-but bound in every way and by every obligation office. The reasons for his installment are not the reasons for the to follow the decision of the electoral commission. I answer that his Kellogg or the Packard pretensions. They do not touch them. premises are totally and wholly unfounded. Nothing connected wi~h the electoral law can in .a~y way be. broug~t That commission rdused to take testimony that the Senate is bound to bear upon the electiOn of·the governor <~f Lou1S1ana or of Its Legis­ to take. That commission refused to hear troth that the Senate can­ lature, or of the Senator chosen by the Legislature. There is no pos­ not shut its ears to. That commission acted upon an alleged want sible connection in law or logic between them. of power to bear any testimony whatever on the subject. They said .Mr. President, I have spoken of the election of President and Vice­ they were bound to take this returning board as a true returning President of the United States under the forms of law. I recognize board. Why ! Because they would not hear testimony against it. them a.s so elected and so invested with power under the Constitution They were bound to assume that it was formed in aooordance with and laws of the United States. The remarks of tHe honorable Sen­ the constitution and laws of that State, and they would hear notes­ ator from Maine yesterday led him with much abruptness to chal­ timony to refute that idea and that position. lenge the position of the President of the United States in respect of Therefore what I say is perfectly just, and here stands the speech this class of questions, of which the case before us forms one. The of the Senator from Vermont. It is not necessary for me to read ex­ President seems to recognize, as at last did his predecessor, the true t:r:acts from it, because it is in the memory of every member of the condition of affairs in Louisiana. I find in his inaugural address_ Senate that be proceeded to consider and did consider the constitu­ words which, believing them to express his meaning according to their tionality of the composition of that returning board and the fact usual signification, I have read with the most hearty concurrence. whether they had or had not exceeded their jurisdiction; and he The permanent pacification of the country upon such principles and by such voted against the admission of Pinchback upon testimony that he measures as will secure the complete protection of all its citizens in the free enjoy­ would have refused to consider when stting as a member of the electo­ ment of all their constitutional rights is now the one Hd>jut in our public affai.rll ral commission. That is what I say and no more. which all thouuhf/ul and patriotic citi.zeni regard a6 of rupreme importance. 20 CONGRESSIONAL RECORD-SENATR MARCH 7,

:Many of the calamitous effects of the tremendous revolution which bas passed obedience to those of the United States, relieved ourselves of a rule which we have over the Sou them States still remain. The immeasurable benefits which will surely patiently endured for years in all its imbecility and anarchic tendencies, we now follow, sooner or later, the hearty and g_enerous acceptance of the legitimate results earnestly appeal to our fellow-citizens in all tho States of the Republic not to con­ of that revolution have not yet been reruized. Difficult and embarrassing questions nive at the rever11al of our lawful action, and to force us to confront against the meet ns at the threshold of this subject. The people of those States are still im­ evils of a government fatal alike to our interests and our good name, which exists poverished, and the inestimable blessing of wise, honest, and peacefullocalself-gov­ by fraud and stands by- hatred and prejudice and the destruction of interests which ornment is not fully enjoyed. Whatever differrnce of opinion 1n.ay existti.B to tM causl! should be common, and is compelled to defend its shameful imbecility by charging of this condition of things, tJu f11Ct is clear thtlt, in the progress of evt:nta, the time hiiB indiscriminately upon a whole community the guilt of crime it profits by and does come when 8'UCh government u the imperative 1~8\ty required by aU tM varied in­ not punish. terest8, public and private, of those States. And here follow names in scores of the leading men, of merchants, These words are wise words. Who is opposed to a policy which of bankers, and the ministers of God. They allsi~n ; it is their voice they shall truly reflect f Not I. I recognize in the distressed condi­ that speaks; and it seems to me that it cannot o.t this time fall upon tion of this country the need for that which the incoming President deaf ears in this Senate or in this country. has proclaimed as his rule of action in regard to the Southern States. Mr. President, this Administration stands upou the threshold of This whole country needs in every part of it the closest and most con­ events pregnant with results of the most momentous nature. I rec­ scientious consideration of its interests. I recognize .fully the vast ognized in the utterances of the Senator from Maine yesterday the weight of debt under which the people of the United States are stag­ same cry for sectional aggression we have heard here for years past. gering; I recognize fully that danger which we are to meet, the It falls npon my ear like the fire-bel1 at midnight, and fills me with danger that lies in the experiment as to whether, under a system of apprehension. I earnes~ly hope it will not be heeded by the President universal suffrage, the sense of traditionary pecuniary obligation shall and his constitutional advisers. This is no party appeal; it iS an ap­ suffice to protect from generation to generation steadily and fully the peal t.o my country which oanuot any lono-er bear and will not any public credit. I recognize the need of reforms, of true economies, and longer bear the continuance of a policy of sectional aggression and of a broad, and high, andliberalstatesmanship; and as a first step in interference based upon misunderstanding and injustice. that, the necessity of reconciliation and good-will between all sections Mr. BLAINE. Mr. President, I desire to state very briefly-and if and all parts of our country. I state it incorrectly I shall be very willing to be interrupted by the Sir, if this is to be an honora.ble contest as to who shall be the most Senator from Delaware-the legal ground on whichMr.Kellogg claims just, I wish to enter upon it and I shall glory over him who conquers. a seat in the Senate. I shall consume but a few minutes in present­ If rivalry is to be set on foot as to who shall be wisest and most con­ ing the points. siderate aud most generous, a rivalry that has the happiness and The same board which returned the electoral vote of Louisiana for prosperity of this nation for its object, who is there that will notre- Hayes and Wheeler returned a Legislature republican in both joice f . branches and returned a majority of the votes of the State for S. B. Mr. President, the fate of the State of Louisiana has at last en­ Packard for governor. On the day that that Legislature met there twined itself around the heart-strings of the entire nation. Her were assembled under the laws of Louisiana.- peace is to-day the peace of us all; her destruction will prove the Mr. BAYARD. The returning board had nothing to do with the destruction of us all; and justice to her is justice to every other votes for Mr. Packard at all. State. Mr. BLAINE. They returned them to the secretary of state. In 1872 when a drunken judge of the Unit-ed States, by an order ut­ Mr. BAYARD. They were returned Jiot by the board. The return­ terly void in law, overthrew the lawful government of the State, ing board had nothing more to do with the votes for governor than and, supported by Federal power, made this very Mr. Kellogg the gov­ the Senator haE' himself, except as a mere conduit through whom ernor def«cto, and when in 1874 Kellogg procured the assistance of they passed to be counted by ~be Legislature. United States troops again to overthrqw the majority in Louisiana, Mr. BLAINE. Passed to be counted by the Legislature-I have then Louisiana seemed to suffer alone. Sir, I felt the injustice for the record all her&-merely the ministerial overlooking by the Leg­ her tlien as if it had been leveled at my own home and my own peo­ islature of what had already been counted by the board. Nor is that ple; but she is not alone to-day. That which has overthrown her important; a majority of the Legislature found to be elected in each has overthrown other States far distant from her territory. I do be­ branch by the returning board assembled on the day appointed by lieve, and feel bound to state my belief, that the recognition of the law for the organization of the Legislature. They assembled. al~;o Packard government and the forcible overthrow of the Nicholls gov­ on the day that the votes were to be counted for governor ; and tak­ ernment will not only shock the very souls of the people of Louisiana, ing those votes a quorum iu each branch of the Legislature deter­ but it will thrill with horror every bosom in this broad land that mined and declared that S. B. Packard was duly elected governor of loves justice. Louisiana, and be was inaugurated. Then on the second Tuesday of Sir, I have stood by the law even when the law has struck down the session, the day appointed under the laws of the United States my hopes and my honest judgment as to what should have beeu its de­ for the election of a Senator of the United States, both branches as­ cisions. I have stilled the voice of partisan feeling and personal indig­ sembled and failed for lack of a quorum in one branch to get a vote nation, and I have ruled my own spirit iu the eveutil connected with on that subject ; bnt in precise conformity with law, several times I the late presidential election and •he count of the presidential votes. think adjudicated and confirmed in this body, they assembled in From my public station here I have looked over this great country joint convention next day, and there were then present a majority of with its teeming millions and seen that the safety, the welfare, the both branches of the Legislature and a decisive majority, and by peace of the land, the continuance of a government of laws under that majority Mr. William Pitt Kellogg was chosen a Senator of the republican institutions, had their only hope in maintaining the forms United States. I submit to the Senatorfrom Delaware that if Pack­ of law. I have sought the law as my guide aud set my face against ard was legally elected governor and this Legislature was legally discord., anarchy, revolution, and that wide ruin that follows in their returned by the returning board, the election of 1\Ir. William Pitt train. Whether the spirit which has guided me and the wisdom of Kellogg is just as regular as that on which the Senator from Dela­ my public action shall be at once recognized, I know not ; but I will ware sits there and I sit here. bide my timet for I know the recognition will come in ~ood. time. I Mr. BAYARD. But there is no if in my ca.se; there is a large one ask for Louis1aua to-day the same measure of law and JUStice that I in his case. should ask for Massachusetts, no more and no less. Mr. BLAINE. I know; and there the gentleman is perfbctly con­ Why, sir, here is a memorial of the bankers, the clergymeB, and sistent. The Seumor from Delaware believes and affirms and has the merchants of Louisiana to the President, the Senate, and House voted on this floor that the electoral vote of Louisiana did not belong of Representatives of the United States. Let them speak in their to Hayes and Wheeler. He says so now. He says it was a fraud to own words: give it to them. He is on record voting so. I am addressing ~entia­ We deem it due to ourselves and to the thousands we represent who desire to men who on their consciences and their views of duty voted directly pursue our honest callings in peace with all men and to have justice administered contrary to the Senator from Delaware that the electoral vote of bv a civilized government, to protest solemnly before our countrymen and the world Louj.siana did belong to Hayes and Wheeler. The Senator is entirely against the representations made by interested adventurers here, and partisan consistent, altogether consistent. He believes that the vote of Lou­ reckless politicians from abroad, virtually charging the good people of Louisiana with fostering or even tolerating murder or violence. We protest against 9eing isiana was given fraudulently to Hayes and Wheeler, and be now asks held responsible for the imbooility and fraud of a. usurpation which lacks the con­ the republican side of the Senate to affirm that fraud by declaring in fidence of honest men and which to sustain itself offers a premium to violence as another form that these votes technically given for the Hayes and political capital, and encourages murder by using it as a factor to the counting _of Wheeler electors are not good enough to be counted for the governor­ votes. The people of Louisiana cannot believe that their friends, relatives, and fellow­ ship of the State, although the governor had a thousand more votes citizens of other States can seriously think them so lost, not to decency or civiliza­ than the electors, and not good enough to be counted for the Legisla­ tion only, but even th"self·interest and common sense, as to encourage a reign of ture that was to choose a Senator. I do not object to the Senator fiolence and bloodshed about their own homes and those of their children. That which exists of these in Louisiana above the ordinary average of settled" from Delaware holding that position. It is a partisan position. The JYell-ordered communities they charge plainly upon a government holding its place Senator has read us very large and luminous lessons of the duty of J>y fraud and force by the tenure of making one class and one section of the conn­ patriotism here, and of course they came with great force from a man trY distrust and detest another.· We appeal for simple justice in theu judgment as who is not identified with party and never gave a partisan vote as to-the calm good sense of the unpartisan masses of our fellow-citizens. We only de­ the Senator from Delaware never has given in the eight or ten years J~ire to have good order, peace, and justice established among all classes'Wnd crimet he has graced this body. I appreciate the force of it coming from ~~rb:=:s?bu1~i~:1=~\ A:~ri~~lut down and punished. e are no that quarter. I feel somewhat smitten and rebuked when the Sena­ By the laJ;e electj.ons, everywhere peaceable, as we have reason to believe, and tor from Delaware invokes the Senate to throw aside partisanship that not from any act of the usurping a.dniinistration here, whose interests would rather have been served by violence, no matter how excited, but by the calm self­ and act as he does. The Senator was a member of the commission, restraint of conservative and sober-minded people, have in ~trlct conformity and in and I believe that the non-partisan part of that commi.ssion was snp- t,.;. :.· .. ·

1877. CONGRESSIONAL RECORD-SENATE. 21 posed to be the Supreme Court section of it ; and yet I believe it fell Senator and myself represent different schools in politics. We come to the lot of the Senator from Delaware never once to have voted from different sections. We have represented different ideas before with the majority of tho judges on that commission. the war and during the war and since the war, wholly and entirely Mr. BAYARD. 0, yes. The Senator ha.s not followed the facts of different. While I have the greatest respect and the kindest regard that case at all. for him personally, I do not propose to take his advice on this ques­ Mr. BLAINE. So far as test questions came-l do not know what tion. I do propose for myself, as long as I may be intrusted with the little courtesies inside may have been-all test questions known a seat on this floor, that whoever else shall halt or grow weak in to the public1 I think the Senator is uniformly on record against the maintaining it, so long as I have the strength I will stand for south­ majority oftne jud~es. ern Union men of both colors ; and when I cease to do that before Mr. BAYARD. 'Ihe Senator has not read the record, and does not any presence, North or South, in official bodies or before po blic assem­ seem to know much about it. blies, may my tongue cleave to the roof of my mouth and my right Mr. BLAINE. I except Cronin's case. I think the Senator did baud forget its cnnnin~. [Manifestations of applause in the galleries.] drop partisanship in Cronin's case. The VICE-PRESIDENT rapped with his gavel. Now, Mr. President, this is a simple question. It is a l!!imple invi­ Mr. ANTHONY. I give notice that if manifestations of applause tation to this side of the Chamber from the other to abandon the in the galleries continue I shall move that the galleries be cleared. ground on which the people of the United States have accepted the . Mr. MORTON. Mr. President, I suppose that the question before election of Hayes and Wheeler. Yesterday I spoke of back-door the Senate is a question of law, but the law is about the only thing whisperings and talk in the corridors, and asked if any Senator knew which I have not beard discussed. The Senator from Delaware made that there was any sort of understanding. I asked then and I a-sk some reference to it, bot in what be said I think he was entirely mis­ now if there is any gentleman on this floor who stands voucher or taken. The first question arising in this case is whether the certifi­ sponsor for that understanding f There has been put in my hands at cate of William P. Kellogg is signed by the governor of Louisiana;­ this moment a telegram which I feel authorized to read, nay, which I and upon that subject I beg leave very briefly to refer to the record. am requested to read, and I think it may throw some light on the The Senator from Delaware says that the votes for governor in subject. I profess to be a plain, blunt man. I do not want any hide Louisiana are to be counted only by the Legislature, and that the and seek on this subject. I want positions to be clearly taken and returning board of that State onder the constitution and laws of the frankly avowed. I read this telegram not exactly bearing on the State have no power to count the votes for governor and lieutenant­ Louisiana question bot kindred to it, and possibly kindred dispatches governor. If the Senator from Delaware is totally mistaken in that are circulating in New Orleans this moment for the surrender and point, the force of bis argument is materially weakened. I will just abandonment of that State. The dispatch is handed me by the gen­ call attention to the provision of the constitution of Louisiana upon tleman now on this floor and claiming to be a Senator-elect :hom that subject. It is article 48, which treats of the executive power of South Carolina. the State. I will not read the whole article, but so much as is perti­ COLUMBIA, SoUTH CAROLINA, Much 6, 1877. nent: To Hon. D. T. CORBIN 1 The qualified electors for representatives shall vote for governor and lieutenant· I have just bad long interview with Haskell, who brin~s letters to me from governor at tbe time and place of votin~ for representatives; the returns of every Stanley Matthews andMr.Evarts. Tho purport of Matthews & letter is that I ought election shall be Realed up and transmitted by the pl'Oper returning officer to the to yield my rights for good of country. This is embarrassing beyond endurance. secretary of state, who shall deliver them to the speaker of the house of represent­ If such aotion is desired I want to know it authoritatively. atives on the second day of the session of the General Assembly then to be holden. Do not send Haskell; he wants to know it authorita1ivelyt I am not acting for myself, and I cannot assume such responsibility. Please in· The returns are to be sent by the proper returning officer to the sec­ quire and telegraph me to-night. retary of state, who is to thusmit them to the Legislature. Who is D. H. CHAMBERLAIN. the proper returning officer f That officer is not fu:ed by the consti­ The governor of the State of South Carolina. I asked who had tution, but is fixed by the law; and now I refer to the law. I read been doing thew hispering in the corridors, and the answer comes from from the second section of the act of 1872 : Columbia. Is there any Senator on this floor who desires to stand That five persons, te be elected by the senate from all political parties, shall be the returning officers for all elections in the State, a majority of whom shall con. sponsor for that dispatch or for the policy that it covers f Is there stitnte a quorum, and have power to make the returns of all elections. any Senator here who proposes to abandon the remnant that is left of the republican party between the Potomac and the Rio Grande, The section provides that this returning board of five members and that it shall go down for the public good as Mr. Stanley Mat­ shall be the returning board for all elections in the State of Louisiana. thews puts itt Being a little of a partisan, differing in that respect Now I turn to section 44 of the same act : from the Senator from Delaware, I am uot ready for that. I do not That it shall be the duty of the secretary of state to transmit to the clerk of the bonae of representatives and secretary of the senate of the last General Assembly, propose either, at the beck of Mr. Stanley Matthews or Mr. Evarts, a list of the names of such persons as, according to the returns, shall have been to say that the public good requires that the remnant of the brave elected t() either branch of the General Assembly; and it shall be the duty of the men who have borne the flag ann the brunt of the battle in the South­ said clerk and secretary to place the names of 1ohe representatives and senators ern States against persecutions unparalleled in this country shall elect so furnished upon the roll of the hlnlse and of the senat-e, respectively ; and those representatives and senators whose names are so placed by the clerk and retire for the public good. . [Manifestations of applause in the gal­ secretary, respectively, in accordance with the foregoing provisions, and none leries.] I do not propose it. I am here to do battle with anyone, other, shaJl be competent to organize the house of representatives or senate. in my humble way who espouses that policy. I lay that gage down The names of the persons who are returned by the returning board as fer any Senator who stands sponsor to the suggestions of Mr. Stan­ elected to the Legislature are to be transmitted by the secretary of ley Matthews and Mr. Evarts on this question. Nor am I to be dis­ state to the clerk of the former bouse, and from this list and this list lodged from my position by a quotation from the late President of only the new Legislature is to be organized. the United States, of whom I would only speak in terms of personal Mr. BAYARD. Will the Senator from Indiana allow me to ask him respect, because the late President of the United States having, like just one question f every one of the rest of us, the right to change his mind and alter his Mr. MORTON.' I prefer that the Senator would allow me to pass views of public policy, did not, in the dispatch read by the Senator from Delaware, maintain the same attitude which be maintained in on. I desire to make my remarks as connectedly as possible. ~fr. BAYARD. I only desire to state- the dispatch which I shall now read: The VICE-PRESIDENT. The Senator from Indiana declines to The following dispatch waa received Sunday evening at headquarters of the De· partment of the Gulf: yield. W .ASHINGTON, Ja.nUIJry 14, 1877. Mr. MORTON. The Senator will have ample time to correct me if General C. C. AUGUR, I am mistaken. New Orleans, Louiria?UJ. The Legislature of Louisiana was organized from the list trans­ It has been the :policy of the Administration to take no part in the settlement mitted by the secretary of state in accordance with this act. I do of tho question of nghtfni government in the State of Louisiana-at least not until not know that there was a quorum present on the first day, but there the congressional committees now there have made their report; but it is not proper to stand quietly by and see the State government gradually taken possession of by was on the second day of the session, in both houses. The house of one of the claimants for gubernatoriafbonors by illegal means. representatives in· Louisiana consists of one hundred and twenty The supreme court set up by Mr. Nicholls can receive no more rocognition than members. Sixty-one of that number constitute a quorum. The sen­ any other equal number of laWyers convened on the call of any other citizen of the ate consists of thirty-six members, and nineteen of that number con­ State. A returning board existing in accordance with law, and having judicial as well stitute a quorum. On the second day of the session the Legislature as ministerial powers over the count of the votes, and in declaring the result of the proceeded to count the votes for governor and lieutenant-governor, late election, baa given certificates of election to the Legislature of the State. A in accordance with the law and the constitution. When the roll was legal quorum of each house holding such certificat-es met and declared Mr. Packard called in joint session, the two houses having met as required go>ez1!1.or. to Should there be a necessity for the recognition of either it mnRt be Packard. count the votes, there were present of the senators who had been re­ Yon ma.y furnish a copy of this dispatch to Packard ana4 Nicholls. turned by the returning board twenty-one, two over a quorum. There U.S. GRANT. were present of the representatives sixty-eight, seven over a quo­ The President, it will be observed, stated in the case in January, with rum. The two Hollies thus assembled in joint convention counted the fact all before him, just as I have stated it to-day, and be gives the votes for governor and lieutenant-governor. Without reading' a very correct portraiture of the Nicholls judiciary, so highly lauded all the det:!-ils, I will give the result. The committee appointed by by the Senator from Delaware. the two h"uses to make the canvass thus reported : The Senator from Delaware said that the few innocent remarks Your joint committee having made a canvass of the returns presented to them by the board of returning officers, pursuant to law, find the following result1 which which I made yesterday sounded to him like the :fire-bell in the night; they desire to present to the honorable senate and house of representatives ill they seemed destined to rekindle the fires of sectional aggression. That joint session convened: ,..

22 CONGRESSIONAL RECORD-SENATE. MARoH ·7,

Frw g0f1ernor. isiana for political purposes in the last few years, no mention is made. ~=~: ~~~~:::::: ~t:~~~ Of the murders, the whippings, the tortures, and the inhuman treat­ :::::::::::::::::: ·:.:·::::.:::::::::::::::::::::::: ment that so lar~ely prevailed during the late canvass no mention is Frw lieutenant-governtW. made. All that lB ignored and the fruits of these crimes are treated ~~s~WJt~.'.'.".".'.".'.'.".'::::::::::::::::::.:::::::::::::::::::::::::::::::: it;~~ as real honeet property which they have a right to protect and enjoy. [Signed by the committee.] What was done down there, as we claim and as the evidence shows Whereupon the presiding officer of the senate proclaimed that Stephen B. Packard, abundantly, is simply under the laws of Louisiana to deprive them having obtained the largest number of .vot~s polled in pursuance. o! the_ law, and of the fruits of murder and crime, to give expression to the honest by the power vested in him by the constitution of the Stat~ of Louuuana., 18 hereby declared duly elected governor of the State of Louisiana., for the constitutional vote and to the honest majority of the people of Louisiana. Con­ term of four years from the second Monday in January, 1877. stant reference is made to the introduction of the Army as if that was a crime, while no reference is made to the causes which brought the I refer to this part of the proceedings a~d to these laws to show Army into the State of Louisiana; no reference is made to the crimes, the title of Governor Packard. I now take up the record of the elec­ to the threats, to the danger, and the peril that caused the Army to be tion of Senator of the United States. The two Houses convened in sent there; seut there for the highest and holiest purpose, th~ protec­ joint convention, in pursuance of the act of Congress, on the lOth day tion of life, liberty, and human rights. The sending of the Army for of January: these purposes is treated a.s a crime while the great crimes that took The presiding officer announood that nominations were now in ordet' fot' an elec' the .Army there are ignored as if they had never existed I tion of a United Stat6s Senator for the term of six yenrs, beginning .March 4, 1877. Representative D'Avy nominated Ron. William Pitt Kellogg. The returning board of Louisiana bas been the subject of constant No other nominations being made, the respective rolls- denunciation ; even the very existence of the board is treated as a crime. Mr. President, there is a returning board in every State in Of the two houses- this Union of some character. Every State desiguatessomeofficeror were called. officers who are deputed by the law to count the votes. There must Seventeen senators answered to their names, being two less than a be. In my State there are several of them-all the State officers; in quorum of that body. Sixty-six representatives answered to their other States a. single officer; in other States two officers; .in some names, being five more than a quorum of that body. The vote was States, like Nebraska, the Le~islature counts the votes. But there then taken, aud William Pitt Kellogg received a majority of all the must be some body, some tnbunal, or authority in every State to votes. There were present of the members of the Legislature duly count the votes. In most of the States these returning boards have returned by the returning board, as I am ad vised, sixty-six repr~se'!lt­ only ministerial power; they have no discretionary or judicial power; atives and seventeen senators. There were thus five over a maJonty they have no power to take evidence and to throw out votes on ac­ of the whole number of senators and representatives, eighty-one would count of fraud or violence. In other States they have some judicial be a.majorityof the whole of senators and representatives, and there was powers, and these powers are greater or less in the different States, a majority of thewbolenumbervoting,for although there were two less accordin~ to the condition and demands of the State. In a State than a. quorum of the senate present there were ROmany more than like Lomsiaua there is no protection for the people but in a tribunal a 'qUorum of the house present as to make a. majority of the whole that is Clothed with power to take testimony, to throw out fraudulent number of the members of the Legislature. That is a compliance returns or returns obtained by murder and crime. Where the white­ with the act of Congress to which I shall refer. The act of Congress leaguers take possession of a parish all the polling-places have their providing for the election of Senators passed in 1866 provides as fol- own officers; they make the returns lawful upon their fa.ce. The lows: • papers are unobjectionable and the crime will succeed and the au­ At twelve o'clock meridian of the day following that on which proceedings are re­ thors of it will enjoy the fruits, unless there be some tribunal where quired to take place, as aforesaid, the members of the two Houees shall convene in there can be evidence taken, the crime proved, and if established the jointassemblyand thejonrnalof each houseRhall then be read, and if the same per­ fruit of the crime rejected and destroyed. It was this necessity that son shall have received a majority of all the vot-es in each house, such person shall be called into existence the returning board of. the State of Louisiana. declared duly elected Senator to represent said Sta~ in the Cong_ress of the U niU:d No, sir; the board is not the crime, but the condition of the State States; but if the same person shall not h:ave received a ma.J~nty of t.he ~otes m fach house, or if either house eball have faded to take procee~gs as reqmred by and the political necessities of that State are the crimes which called this act the joint assembly shall then proceed to choose, by a. mva voce vote of each that board into existence. · membe; present, a person for the purpose aforesaid, and a -person having a majority I am not here to-day to discuss past records and declarations of of all the vot-es of the said joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected. Senators and others. I merely occupy the time of the Senate briefly in calling attention to the law. But if this discussion continues I The election comes entirely and clearly within the specification of the shall ask the indulgence of the Senate to go over the record of the act of Congress. We all know how that act was called into existence; last campaign in Louisiana, to show where the fraud rests, where it that it had been a very common thing before its passage, where the two began, and what it accomplished, and I shall undertake to show that houses of the Legislature were divided in politics, one party having the campaign of 1876 was simply a repetition of the terrible crimes a majority in one and the other in the other house, that a quorum of 1866, of 1868, of 1872, and 1874. would be broken in one house or t.he other, and thus defeat an elec­ Enough, Mr. President, for the present. tion, or one house would refuse to go into the election at all; and thus senatorial elections were often defeated and postponed. To SENATOR FROM OREGON-. remedy that evil this act was passed, and it was provided that if the Mr. MITCHELL. Mr. President, before I came into the Senate two houses failed to elect on the first day, from any cause, if they this morning I am told Governor Grover, the Senator-elect from should refuse to go into an election, or if for any reaRon there was no Oregon, was presented at the President's desk to be sworn, and that election on the first day, the members of the two houses should meet objection was made by the Senator from Maine [Mr. HAMLIN] on the in joint convention on the next day, and if when they so met there statement that he understood I had some papers which I wished to was a majority of all the members of the two houses pre.'46nt, though present. As I do not wish to delay that matter, it being a question there might be less than a quorum of one bouse, yet there was a ma­ of privilege, I desire to state that I hold in my hand :{letitions numer­ jority of all present, it was sufficient for the election. ously signed by citizens of the State of Oregon which I have been Now, Mr. President, I submit that the record as it is presented requested to present as an objection to the oath of office being ad­ makes the chain of title good, first that Governor Pac~ard waa de­ ministered to Governor Grover, and I do now present them as such clared duly elected by the proper authority in Louisiana. Again, objections. that William Pitt Kellogg bas been duly elected Senator from that I desire to state in this connection that this duty has not been sought State in accordance with the act of Congress. I am not disposed, by me, and I may say it is one of the most unpleasant of my life. At therefore, to push the argument on this subject any further, deeming the same time it is a duty imposed upon me by my constituents, and it unnecessary. one from which I must not shrink. As to whether the matters alleged I want to say one word, and I shall keep the Senate a very few in these petitions, if admitted or proven to be true, amount to suffi­ minutes, in regard to the general character of the remarks submitted cient reason under the law and practice of the Senate why the appli­ by the Senator from Delaware. There is constant talk of fraud. It cant should not be admitted on his prima facie case, presented by the is charged that the people of LoniRiaua had by a large maJority voted credentials on the table, is of course a question entirely for the Sen­ for Nicholls and for Tilden, but that they were defrauded of their ate, to be determined on a proper resolution when Governor Grover votes; and these charges are constantly made here and elsewhere. shall again be presented to take the oath. I ask that the petitions The time has come to meet that charge. We intend to roll it back. be read, lie op. the table, and printed, as an objection to the oath The evidence is upon the record that hurls it back into the teeth of being adminstered to the applicant. the men who make it. The facts are upon the record, and indisput­ The VICE-PRESIDENT. The Senator from Oregon presents a pe­ able, that the so-called majority for Ti1den and for Nicholls in the tition, which will be read by the Secretary if there be no objection. State of Louisiana was false and fraudulent, and that it waa obtained The Secretary read as follows: - by murder and every speoies of violence and intimidation. In some parishes where there were hundreds and thousands of republican To th6 Senate of th6 United Statu: Whereas it is currently reported, and generally believed that L. F. Grover, by voters they were deterred from voting almost wholly, in others one­ bribery, the corrupt use of money, and other unlawful and dishonorable1 means, pro­ half were driven from the polls; and thus a State that is certainly cured his election to the Senate of the United States by the Legislature of the State republican by a large majority was brought upon the fa.ce of the returns to cast a vote in favor of Tilden and of Nicholls. of.f:cig~h~~ fh:ts:!~s:t:n:Jl.. Grover, in obedience to a con-upt scheme to defrand the State of Oregon of its proper electoral vote, as the governor thereof did nnlaw· In talking about fraud these great cnmes are constantly ignored. fnlly, dishonestl:y, corruptly, and by acts. of usurpation, declare elected to the of, Of the hundreds and thousands of men who have been slain in Lou- flee of presidential elector for the Sta.te of Oregon, on the 6th day of December· 1877. CONGRESSIONAL RECORD-SENATE. 23

1876, and did issue a certificate of election to, one E. A. Cronin, who had boon de­ ca.se will come up in relation to Oregon. I t.hink that that is of suf­ feateil by the people for said office by more than ono thousand majority; And whereas tho said L. F. Grover did fraudulent.Iyunderta.ko to sustain his said ficient importance to be considered by a committee. I therefore shall act by farlsely testifying, as a witness concernin~t the same, b"fore the Scna te Com. vote in favor of referring both of these ca86S to a committee. mitteo on Privileges and Elections on or about the 6th day of January, 1877: Mr. ·BURNSIDE. It is not worth while for me to state my rea-sons Now, therefore, we the undersigned citizens of tho State of Orel;\'on earnc.'!tly but in detail for my vote. I coincide entirely with the Senator from respectfully ask that the said L . F. Grover be denied a seat in toe United States Senate as a Senator from the State of Oregon until the foregoing charges are thor. Vermont, thinking that this case has enough doubts in it to be oughly investigated and disproved. worthy the investi~ationof a committ.:ee. I do honestly believe that M. L. WILMOT and others. the argument of tne Senator from Indiana this morning was a cor­ The VICE-PRESIDENT. The Senator from Oregon asks that this rect argument, and that Mr. Kellogg was elected Senator from Louisi­ petition lie on the table, and be regarded aa an objection to swearing ana according to law; but I do think, inasmuch as there is a conteSt­ 1n Mr. Grover. ant here, anVirginia. That is subject to the same objec­ mine. I am not not sufficiently familiar with the facts of the Lou- - tion. If one is to beobjected to, of course they are both on the same isiana caae to vote intelligently upon it now; the reports have not footing. been printed and put into our bands ; and I shall be compelled to vote Mr. SARGENT. Does not the Senator want to see it in print f in the dark if I vote now on the main question. SENATOR FROM LOUISIANA. The Secretary proceeded to call the roll, and Mr. ALLisoN answered The VICE-PRESIDENT. The pending question is on the amend­ to his name. ment offered by the Senator from Delaware [Mr. BAYARDJ to the Mr. HOWE. I want to say just this touching the vote I am about resolutionoffered by the Senator from Maine [Mr. BLAINE] m rela­ to give. I voted against the amendment of the Senator from Dela­ tion to the Senator-elect from Louisiana. ware. I thought I knew as much about this question already as I Mr. CONKLING. What is the amendment f wanted to know or was likely to learn from the labors of any future The VICE-PRESIDENT. The amendment will be read for in­ committee. But the Senate has agreed to that amendment, and we formation. have now the resolution before us a.s amended, and I do not see what The CHIEF CLERK. The resolution of the Senator from Maine is e1se I can do but to vote to dispose of the credentials for the present in the following words: as the resolution now before us proposes to dispose of them. To be Resol.,ed, That the oaths prescribed by law.be now administered by the Vice­ practical I do not see but that I have got to vote for the resolution as President to William Pitt Kellogg, whose credentials as a. Senator from the State amended, though it seemed to me that it was not sensible to amend of Louisiana were presented on the 20th day of January, 1877. it in that way. , The amendment of Mr. BAYARD is to strike out all after the word Mr. BLAINE. !withdraw the demand for the yeas and nays, if no "resolved" and insert: one elie insists on it. That the credentials of William Pitt Kellogg, claiming to be a Senator from Mr. CONKLING. I thinkwe had better have them, Mr. President. tho State of Louisiana, do now lie upon the taOle until the appointment of a. Mr. WALLACE and others. The roll-call haa commenced. Committ~e on Privileges and Elections, to whom they can be referred. Mr. CAMERON, of Pennsylvania. I wa.s about to say that this reso­ lution appeared to me unnecessary. I think Mr. Kellogg is entitled Mr. BAYARD. I will modify the amendment by striking out "can" to his seat by all the forms of law which entitle anybody to a seat and inserting "shall;" so as to read, "to whom they shall be re­ here ; but I want to add that if Mr. Kellogg is to go to a committee, ferred." everybody else ought to go, and I shall now vote to send every The VICE-PRESIDENT. The Senator from Delaware modifies his other contestant to a committee-- . amendment. The question is on the amendment. Mr. WHYTE. I rise to a. point of order. The Senator from Iowa Mr. SARGENT called for the yeas and nays, and they were or­ [Mr. .ALLisoN] had answered to his name; the roll-call should pro­ dered. ceed. Mr. RANSOM. On this question my colleague [Mr. MERRDf:ON] is The VICE-PRESIDENT. If that be the fact, the Chair was not paired with the Senator from Alabama, [Mr. SPENCER.] He would aware of it. vote " yea" if present. . Severa.] SENATORS. It is the fact. . Mr. COCKRELL. On this question I am paired with the Senator The VICE-PRESIDENT. The Secretary will proceed with the call from Wisconsin [Mr. CAMERON] who is now absent sick and not able of the roll. · to be here. Were he here I should vote '' yea." Mr. CAMERON, of PenMylvania. Of course I will bow to the rnle; Mr. SPENCER. I am paired with the Senator from North Caro­ but I have something to say in addition to what was said by the lina.,_[Mr. MERRIMON.] Senator from Maine this morning in regard to the communication sent The question being taken by yeas and nays resulted-yeas 35, nays down to South Carolina. I have something to say about that, and I 29; as follows: will sa · it. · YEAS-Me88rs. Bailey, Barnum, Bayard, Bogy, Booth, Burnside, Christiane~, Coke, Gonhling, Davis of Dlinois, Davis of West Virginia, Dennis, Eaton, Garland. The ~ICE-PRESIDENT. The Secretary will proceed with the roll­ Gordon, Harris, Hereford, Hill, J ohMton, J one.'! of Florida, Jones of Nevada, Ker. call. nan, Lamar, McCreery, McDonald, McPhel'llon. Maxey, Morrill, Randolph, Ransom, The roll-call was continued and concluded; and the result was an­ Saulsbury, Thurman, Wallace, Whyte, and Withers-35. nounced-yea.s 43, nays21; as follows: NAYS-Messrs. Allison, Anthony, Blaine, Bruce, Cameron of Pennsylvania, Chaffee, Conover, Dawes, Dorse:v, Hamlin, Hoar, Howe, Ingalls, Kirkwood, Me M:il· YEAS-Messrs. Anthony, Bailey, Barnum, Bayard. Beck. Bogy, Booth, Burn­ lau, Mitchell, Morton, Oglesby, Pad-dock. Patterson, Plumb, Rollins, Sargent, Saun­ side, Christia.ne:v, Coke, Conklin~. Conover, Davis of illinois, Davis of West Vir­ ders, Sharon, Sherman, Teller, Wadleigh, and Windom-29. ¢nia, Dawes, Dennis, Dorsey, Eaton, Garland, Gordon, Harris, Hereford, Hill, ABSENT-Messrs. Beck, Cameron of Wisconsin, Cockrell. Edmunds, Fecry, Hoar. Johnston, Jones of Florida, Jones of Nevada, Kernan, Lamar, McCreery, Merrimon, and Spencer-7. -\- McDonald, McPherson, Maxey, Morrill, Paddock, Randolph, Ransom. Sargent, Saulsbury, Thurman, Wallace, Whyte, and Withers--43. So the amendment was agreed to. NAYS-Messrs. Allison, Blaine, Bruce, Cameron of Pennsylvania, Chaffee, Ham­ The question recurs on the resolution as amended. lin, Ingalls, Kirkwood, McMillan, Mitchell, Morton, Oglesoy. Patterson, Plumb, Rollins, Saunders, Sharon, Sherman, Teller, Wadleigh, and Windom-21. Mr. BLAINE. I ask for the yeas and nays on that. ABSENT-Cameron of Wisconsin, Cockrell, Edmunds, Ferry, Howe, Merrimon., The yeas and nays were ordered. and Spencer-7. Mr. HOWE. Let the resolution be reported as it now stands amended. So the resolution, as amended, was agreed to. The VICE-PRESIDENT. The resolution, as amended, will be read EXECUTIVE MESSAGE. for the information of the Seriate. Mr. WILLIAM K. RODGERS, Secretary of the President of the United The Chief Clerk reads as follows: States, appeared below the bar of the Senate and said : Resol.,ed, That the credentials of Willlam Pitt Kellogg, claiming to be a Senatol" Mr. President, I am directed by the President of the United States from the State of Louisiana, do now lie upon the table until the appointment of a Committee on Privileges and Elections, to whom they shall be referred. to deliver to the Senate a message in writing. SENATOR FROM SOUTH CAROLINA, Mr. MORRIL.L. I voted for this amendment under the belief that Mr. Kellog~ was fairly entitled to his seat; but the committee ap­ Mr. PATTERSON. I offer the following resolution: pomted to mvestigate that subject have not yet reported or if they Buol.,ed, That the credentials of David T. Corbin and M. C. Butler~ each claim­ 1 ing a seat as Senator from the State of South Carolina., lie upon the taole until the have I have not seen their report. I regard this of snffic1ent impor­ committees are appointed, and their credentials shall then be be referred to the tance to be worthy of the investigation of a committee. A similar Committee on Pnvileges and Electiona. ,

24 OONGRESSIONAL RECORD-SENATE. MARCH 8,

Mr. MORTON. I move that the Senate proceed to the considern­ The VICE-PRESIDENT. It can be done by unanimous consent. tion of executive hnsinef!S. Is there objection 7 The Chair hears none. Senators, the question is Mr. PATTERSON. I hope the Sen-ator from Indiana will permit on the motion that the Senate do now proceed to the consideration of this resolution to pass. executive business. Mr. D.A VIS, of West Virginia. Tbe question before us is of the T}le motion was agreed to; and the Senate proceeded to the consid­ highest privilege and it is not in order to move to go into executive eration of executive business. .After eighteen minutes spent in exec· session at this time. utive session the doors were ra.opened, and (at two o'clock and fifty Mr. PATTERSON. I hope the Senator from Indiana will be kind .minutes p.m.) the Senate adjourned. enough to withdraw his motion. Mr. MORTON. I withdraw the motion for the time being to per· mit the Senator from South Carolina to have a vote on his resolu· tion. Mr. PATTERSON. IB my resolution before the Senate f IN SENATE. The VICE·PRESIDENT. It is. The question is on agreeing to the resolution submitted by the Senator from South Carolina. TlmRSDAY, Maroh B, 1877. The resolution was agreed to. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. EXECUTIVE BUSINESS. The Journal of yesterday's proceedings was read and approved. Mr. MORTON. I now renew the motion that the Senate proceed COLUMBIA. INSTITUTION FOR DEAF AND DUMB. to the consideration of executive business. Mr. BAYARD. I ask the Senator from Indiana to permit me to The VICE-PRESIDENT appointed Mr. EDMUNDS director on the offer a resolution for the swearing in of a member. part of the Senate of the Columbia Institution for the Instruction of Mr. MORTON. I cannot now. the Deaf and Dumb under the provisions of section 2· of the act of The VICE-PRESIDENT. The question is on the motion of the July 27, 1868, making appropriations for the service of the Columbia Senator from Indiana. Institution for the Instruction of the Deaf and Dumb, and establish· Mr. D.A VIS, of West Virginia. Mr. President- ing additional regulations for the government of the institution, and The VICE-PRESIDENT. Those in favor of the motion-- for other purposes. Yr. DAVIS, of West Virginia. .1\{r. President, that is debatable, SENATOR FROM ALABAMA. and I have a right to be heard. The VICE·PRESIDENT. There comes over as the unfinished busi­ The VICE-PRESIDENT. The motion is not debatable under the ness of the session of yesterday the resolution submitted by the Sen· rules of the Senate. . ator from Delaware, [Mr. BAYARD,] which the Secretary will report Mr. EATON. I call for the yeas and nays on that motion. for the information of the Senate. The VICE-PRESIDENT. The yeas and nays are demanded on the The Chief Clerk read the resolution, as follows c motion of the Senator from Indiana. ResoltJed, Tha.t the credentials of John T. Morgan, Senator-elect from the State The yeas and nays were ordered. of .Ala.bama, be taken from the table, and that he be sworn. Mr. SPENCER. I suppose my pair will be binding on this aswell Mr. SPENCER. I move to amend the resolution by striking ont as other questions. the words "that he be sworn" and inserting "that they be referred The question being taken by y-eas and nays, resulted-yeas 30, to the Committee on Privileges and Elections." nays 31 ; as follows : The VICE-PRESIDENT. The Senator from .Alabama proposes the YEAS-Meesrs. .A.llli!on, .Anthony, Blaine, Brnce, Blll'DSide, Chaffee, Christianoy, amendment stated by him in his place. Conover, Davis of lllinoie, Dawes, Dorsey, Hoar, Howe, Ingalls, Kirkwood, Mc­ Millan, Mitchell, MorrilL Morton, _QslesbyhPaddock, Plumb, Rollins, Sargent, Mr. SPENCER. Mr. President, I have objected to the admission Saunders, Sbaron, Sherman, Teller, w adleig , and Windom-30. into this body of the gentleman claiming to have been elected Sena. N.A.YS-Messrs. Bailey, Barnum, Bayard, Beck, Bo~y, Cockrell, Coke, Davis of tor from the State of .Alabama. because I believe his election was West Virginia, Dennis, Eaton, Garland, Gordon, Hams, Hereford, Hill, Johnston, secured by means directly violative of the Constitution of the Unit-ed Jones of Florida, Kernan, Lamar, McCreery, McDonald, McPherson, Maxey, Pat­ terson, Randolph, Ransom, Sanlsbury, Thurman, Wallace,Whyte, a.nd Withers-31. States-means that render his election void and of no force, and ABSENT-Messrs. Booth, Cameron of Pennsylvania, Cameron of Wisconsin, which this body should not and will not sanction. Conkling, Edmunds, Ferry, Hamlin, Jonee of Nevada, Merrimon, and Spencer-10. Br. fraud, intimidation, and violence (words which have become So the motion was not agreed to. familiar to the members of the Senate in connection with events in SENATOR FROM ALABAMA. the Southern States since the clOBe of the rebellion) the democratic party in the election of November, 1874, obtained control of the ex­ Mr. BAYARD. I offer the following resolution: ecutive, judicial, and legislative branches of the government of Ala­ Resolved, That the credentials of John T. Morgan, Senator-6leet from the State bama. Having obtained control, they forced upon the p~ople of the of Alabama, be taktln from the table and that he be sworn. State a convention to amend the constitution, the representation to Mr. SPENCER. Upon that 9-uestion I desire to speak. It is now which was so apportioned by the law that the republican counties of half pa-st two and I am not feelmg well; I prefer to wait until morn· the State, containing more than half of the population, were notal· ing before I address the Senate. lowed one·third of the representation, and the election to determine Several SENATORS. Go on. whether a convention should be held was so conducted by the party Mr. SPENCER. I move that the Senate do now adjourn. in power as to make it impossible that the electors should give ex­ The VICE-PRESIDENT. The Senator from Alabama moves that pression to their will at the ballot-box. This convention removed· the Senate do now adjourn. from the constitution of the State those provisions which were de· The motion was not a~ed to. signed to secnre the free exercise of the elective franchise by the The VICE-PRESIDENT. The question is on the resolution offered colored republican electors, and under this new constitution the elec. by the Senator from Delaware. tion laws were so altered as to practically deprive one-half of the Mr. SPENCER. Mr. President- electors of the State of all voice in the selection of the persons to Mr. MORRILL. If the Senator from Alabama will ~veway, I will administer the State government, and in nearly all cases of partici­ renew the motion that the Senate proceed to the consideration of ex· pation in the selection of local and minor officers. ecutive business. Under this election law wa-s conducted the election of .Angnst, 1876, Mr. SPENCER. I do not really wish to speak to-night. at which the governor and other State officers and the members of The VICE·PRESIDENT. The Senator from Vermont moves that the General .Assembly were elected. This election was so openly and the Senate proceed to the consideration of executive business. glaringly fraudulent, and partook so little of a procedure designed to Mr. D.A VIS, of West Virginia. There is a question in my mind determine the will of all the legal electors of the State, that it can whether or not that is in order, for certainly no business has occurred only be designated as a mockery and a farce. since that motion was voted down. The Legislature which selected Mr. Morgan as a Senator oftbe United The VICE·PRESIDENT. A motion to adjourn waa made and re. States were to no greater extent the representatives of the people jected. than if they bad been appointed by autocratic power. In nine-tenths Mr. MORRILL. In order to make it in order I will move that the of the counties of the State the a.ctual procedure to determine who resolution pending be laid on the table. should represent the county in the Legislature can be properly de· The VICE-PRESIDENT. The Chair holds that that is not neces­ scribed as nothing more than selections by the several county organ­ sary. He holds that business has intervened and been disposed of. izations of the democratic party, which were in effect the actual de. Mr. MORRILL. Then I renew the motion. termination of whom those representatives should be, to which the The VICE·PRESIDENT. The Chair entertains the motion. The subsequent forms of an election were an absurd and meaningless ap­ Senator from Vermont moves that the Senate do now proceed to the pendage. consideration of executive business. Mr. President, on reviewing the history of .Alabama, since the close Mr. SARGENT. I ask for the yeas and nays. of the rebellion, one fact stands forth prominent above all others in The yeas and nays were ordered ; and the Secretary proceeded to its influence upon public affairs in that State. It is this: That the call the roll. .After three responses had been made, negro having been made free against the will of his former owner, Mr. EATON. If I might be allowed, I would snggest that perhaps and having been endowed with the rights of .American citizenship the call for the yeas and nays had better be withdrawn and let ua without the concurrence and despite the most strenuous objection of take the vote by sonnc!. I hope my friends will withdraw the call. the great body of w bites in the South, the opposition to his exercise Several SENATORS. By unan~ous consent. of these rights has continued to be and is to-day as powerful and per•