THE
"ILEAIHELU lEFCBLWAJ,,"
, 1 i t
OOODLANDEH & L.EE,
CLRAHFiSLD, PA. '
GITABLIIHED I IS...
fh largwel Clrtalatlea of aay llearepaptr
ta North Central Peaaejlvaula.
Termi of Subscription.
If paid It advaaoe, or wllhla I month...... IM
If paid after I aad before t naonlba .. 9 at,
lr paid after the expiration o( aoathi... a M
Bates ol Advertising,
rren.lent advertlaomont., per aquaro of 10 llneaor
lo, I lime, or lore 40
For each .ubaenuent iaeertion,. 00
Admlntelratura' aad r.xeuUtre,BotieeaM,... I 00
Aaditera' aotloee . H S 00'
Caution, end R.trnyl .. 1 00 i
blaeolatlnn notleee I 00
Prareaaicnnl Card., A Uaoe or le..,l year..... A 00 ;
Lel aotloee, por Ha... MH to ;
YEARLY ADVRRTHiKMKNTK. I
I eqaaro. ... 00 Mlau.......i0 00
1 I . a ..!
1 .uuaree m..la
i i. -0
I .ohm.
0 00 I I eulumn. ltd 00
0. B. OOODLANDKR,
NOKL R. LKR,
P.bli.hece.
w7c. ARNOLD,
LAW COLLECTION OFFICE,
Cl'RWKNPVILLE,
Jel Cle.rt.ld County, Poena. 5y
taoa. a. auaaar. cnui tuaiwa.
MURRAY tt GORDON,
ATTOBNEYS AT LAW,
rOfici la Plt'i Opera ileal, woond floor.
9-.U14
FRANK FIELD I NQ,
ATTORNBY-AT-LAW,
Clearfield, Pa,
Will attend to til bullae! raited to bin
pioaipUj aid faithrultjr. aof 1173
WILLIAM A. VALLACB.
Aaar r. waixach.
OA Tin b. ancaa,
jo w. waisi.KT,
; WALLACE A KREBS,
(Ravatnm la Wallaoa A Fi.Uiaf,!
ATTOHNEYS-AT-LAAV,
ll-ll'ir. CUartteld, Pa.
' Xi G. KRAMER,
ATTOKNEY.tAT-LA W,
lical Kstata and Collautiun Agunt.
CLtCARFItCI.U, PA.,
Will promptly attend ta all legal builnMa aa
Irajlnd to bi. aare.
jHa-Onina with John II. Fnltord, oi'0.it. tha i
Ctfiut llou.a,
aprll l-m" !
lewara a. a'lxaLbY. n.xiEL v. a'cranr. I
MoENALLT & MoCDEDT,
ATTOKNEYa-Al-LAW,
Clearlleld. Pa. !
' trLajrtl baalnt attended to pn.mptl wlthj
" g:r7barrett, -
ATTORKkY AflU C'oUNaRLOR at Law,
CLEARFIRI.D, PA.
the pr. ti.. of tba i.w la bu old otitia at ciew-:
..II Will .....J it., m I. ..f I.IT.....n .n.l '
Elk eono'tle. when .peei.ll; telaiaed In e..nll..n
lib re.ldrnt eonniel. 1:14:11
WM. M. McCULLOUGH,
ATTORN KY AT LAW,
wrtc. ia court iio... iBh.riir'e oai).
tH.ugUt and luld. JpH'TI
A. W.' WALTERS,
ATTOUNEV AT l,AV,
ClnrOrld. Pa.
arbL-OIBite In Orahaai'e Ruet. deoS-ly
" H. W. SMITH,
A TTOHNEY-AT-LA W,
tl:l:T rteartJald, Pa.
WALTER BARRETT,
ATTOKN ey at law.
CIcarReld. Pa.
r-nmo. In Old W.ilern U'ltel bnlldln,
ooru.r af lleoond and Market 8U. novll,,.
ItfiHi naiiaea prviapitj aia;uiaJM Hi,
ISRAEL TEST,
ATTtIRN KY AT LAW,
ClaarOald, Pa.
rotl.a la tba Conrt Boaia. ( jy I l.'fll
JOHN H.FULFORD,
ATTDRSEY AT LAW.
ClearReld, Pa.
p- Offoa on Malkat rtreel, opp. Court lluaee,
Jan. 1, 1874.
" JOHN L. CUTTLE, "
arrouvEY at law.
tnd Ileal Galaia A(eut, Clearlleld. Pa.
I)!-, oa Tbird atreet, bet. Cherry A Walnut.
4Mte.pMtfallj erffera Ma eerrlaaa In aellln
tad bujtair laada In OlearOeld and adjoining
lonntlel ; and eeilb aa eiperteaeeol o?ar tw.ntr
teara aa a anrvejrar, dattara hlnaelf that h tiaa
render lallafaetloa. Fob. ii:'3:lf,
j7 BLAKEWALT ERS,
HKAL ESTATE J5IIOKER,
. ABO DBALBB IB
Haw Ijogt and Iiiinilior,
CLEARFIELD, PA.
co In Uraban'a Row. I:li:7l
J. J. LINGLE,
ATTOKHEY-AT-LAW,
1:1, Naraola, tltardeld Co.. Pa. Jrpd
T. 8 . B A R N H A R T,
ATTORNKi AT LAW,
Wlllpr..,..,..
m 9lm aJWaliailU OJIIiriV 1MB. eaajiBiaj wHvaunr
and iwllMtioa of eialai aiadi rpeeialtlea, nl'T I
DR. W. A. MEAN 8,
PHYSICIAN k HV JIQEON,'
LCTIIRR.IBHRti, PA.
Will JK r ..I aa lri.ll. nM nntl .ualB'JO
" I"- r- i---- -
DR. T. J. BOYER,
PHYSICIAN ANDSUROKON,
OBo. on Market Street, Clearteld. I'a.
(f-OBea biur. I I to II a. m , and I to I p. m.
'jqb7 ErOcincuTiEKf
IIOMdOPATHIO PIIYRICIAN,
Ofloa la re.idrace on Market rt.
April 14, I07J. Cleardrld, Pa
J. H. KLINE, M. D.,
I' II Y 9 1 C I A N A SURGEON,
IT
r AVI.NO loeated at Peanleld, Pa., offer. bl
Tl nrofeMlanal aarrlea. to the penpla of that
plaoa and .nrrouadiai coantrjr. Alleetl. promptly
ot. II tl.
DR. J. P. BURCH FIELD.
Late f nraeea ef thelltd Reiaieat(Peaniylranla
efere kl. arofeulaael tareioea te tba oltll.ai
. .
afClearOaldeoaBly.
aar-Prreeaioatalli praaipUy elualdto.;
Oae oa Beeoad .treat, foramlyoeeapiee ay
Dr. Weoda..
pr4,'00U
DR. O. VAN VALZAH,
CI l:AKIF.I.D, PKNM'A.
OKKK'K JN MASONIC nnLUlXO.
ar OaV hiara rroB. U to P. el.
May II, llll. '
DR. JEFFERSON L1TZ,
WOODLAND. PA. ' '
Will promptly atlrnd all call, la Ike Use of II. ,
, i iu i
D. H. DOHEBTY,
FAfilll0NA.nl, a BAIUHR A HAIR DRF.SSRR.
CLEARKIKLD, PA.
Rhp arxt deer ta Weaver A Bette' ttore,
Sewad .tre.t.
Jnly II, "li t
IT
rARKY SSYDEll.
(Fonserly wllh fwkuler.) , .
j RARIIKR AMD HAIRDRESSER,
flbop oa Market RU appo.Ua Court linnet.
A eleaa towel far every auetoeaor. way 19, 'TO.
0. W. WEAVEE CO.,
HRU(,;iIST8 k APUTIIECARIES,
' OlatTRNSVtLLK, PA.
Dralrn la all bind, of Irmgs Medlclnra, Faa.
ey tiood. and Drnggt.tl' Bundrloa.
Curneaaiilla. Jlaiok IT, l7t.
GEOEOE V. FERGUSON,
t.
W. T. L1PP1U0TT A CO.,
, , dtalerar.
UAT CARH, BOOTS A 8UOEH,
Id. TA tf 111 MerM sow, PalWpalB.
I ... '..
GLEMFIELD
GEO. B. QOODLAHDEB, Proprietor.
VOL. 50-WHOLE NO.
JOHN D. THOMPSON,
Juatleo ef Iho Peeee sad Scrivener,
V.. ea.'.. .w 1 1 1 .. X...
; V.Cnlleelloni' made ami money promptly
- . .
P""
no, iut
r.l,21'7lll
..BBNHT ALIHIIT..M.......W. At.BBBT
W. ALBERT A BROS.,
MaanfaetBrereAaitanalreDoalanllB
Sawed Lumber, Square Timber, &o.,
WOVDbAHD, A,
Mr-Orderi fi'llrlted. Bill, tiled on thnrt aMlea
and rearonable termi.
Addreia WooJImd P. 0., CleatOrld Co., Pa.
e3s.r W ALUKKT A DROS.
FRANCIS COUTRIET,
M KUCHA NT,
frructa'tlla, t'laarflrld Coanty, Pa.
Kaapl ooaetantly oa band a Tnll aaMrtmant af
Llr, uooaa. llarawara, uroeenee, nan eTeryuiine
aaiialle hapt In a retail eUre, nUltib erll) be .old,
for teak, aa obeap aa elnwliare IB tua oonntj.
P..n.b.llle, JuoelJ, IStll-lj. .
TH O MAS H . FORC E E,
VaaALaa i
GENERAL MKRC1IANDISR,
C.RAHAMTON, Ia.
Alo, vitenrlvs aiiaufaetarer tnd dialer In f quart
Timbar ina Sawed Lumber or all kindi.
jt-Oran lolielted and all billi pnreitlv
sued. rjyio'
RE OB EN HACKMAN,
House and Sign Painter and Paper
Hanger,
Clearfield, Pcitn'a
IbWltl execute Jobs In hi line pn-mptlf itnd
la vurkntftDlikc msnncr. u ri1
G. H. HALL,
PRACTICAL PUMP MAKER,
NRAH OLEAKPIKLD, PENN'A,
rPampi lwjfi on hnd d made h order
n abort Boiiee. nrtei uoreu on raaBabie term.
All work warranted to render lalUfaelUm, end
delivered trdcilmd. mylStlyi-d
E. A. BIGLER A CO.,
DRALBR IX
SQUARE TIMBER,
! ' and tuanuracturer. of
- '
JAS. d. GRAHAM, ,
.. dealer la
Real Estate. Square Timber, Eoards,
1 ' '
RHIWULKR, LATH, A PirKETfl,
,:ir7 tkerfl.U, ra,
fAMUS AIITCHKLL,
j", ; , , ,
i Square Timber & Timber Lands,
JtllTJ, CIEARFIKIJ. PA.
S. T. SNYDER "
u.intlriL tt' A Tf'tl M A ITti R
' naAita ia
Watthcs, Clocka mid Jowalry,
Omlmm't Hum, Mmrtn Sir I,
CLGAItFIKLlt, PA.
All kind, of npalriog IB my Hae promptlr at
eailed to. April 21, UU.
HEMIIVAt-
, REIZENSTEIN & BERLINER, ;
wholeiale dealer! Id
GENTS' HRMMUMj OMIDS,
HT raMoved to 1ST ChwrfK atraet, between
rranblla and WalU all , Kw York.
m. Tame ; sh7 l y r l i'9
In Kratacr't Bull din n, Clearfield, Pa.
IaUr In tiroeerlw, PnTliloni, Vegetablef,
I'm tie, Plovr, Kred, etc., etc
aprU'7.Mf -
J AM W K. W A TSUN & C().f
HEAL KHTATB BK0KKHS.
CLKAHKIKLUp PENN'A.
llouie and Officfi to lei, Collection prowiptty
made, and flrat-elan Cnal and Fire-Clay Land
and Town properly for n I. Office in Weilera
Uolel Ualldias(2d floor), tfe-ond Bt. i,.jV4 Uj
Iddvery Wtablo...
THE anderiiftuod beft leave t In form ttie pub
lic that be li now full; prejiar-' to aretiniiDo.
date all la the way of fornUhlnir, 11.. mi, Bufft.ee,
Baddlea and Hameai, on tba ahorteat notice and
n reaionable termi. Heeidenoe on Urnl itreat.
aetwetn Tbtrd and ronna.
K(). W. OKARHART.
Ilcarlfild. Fol. 4, 1874
L
IME! LIME
Tba Madarilaned li now prepared to fur n tab
tba public with aa axeellant quality of
Bellefonte Wood-Burned Lime,
for plartrrlnft parnuae, 1y lh Urgt or (mall
quantity.' Can ne found lor the preaeat at Pie't
new building, aa Market atreet.
oetltf U K. McCULLOfOU,
. -
Tie Beet is the Cheapest !
TbontaJ R filly baa rrreived another lira; lot of
"Mitchell WaKona," which are tmoog the very
bert an u Tar-tared, and whlrb ho will tfll at the
I winat rea-H.nrir.le ratra. Ilia Mock iBeludee aim oat
p wrjeranw vinaii, w mr
ant nKrrt.w trarn. l til an i lee men,.
..r 74 TI1UMAH HEILLY.
I IOIIN A."STAI)I,KK,
U RAKER, Uarket St., Clratltld, Pa. ,
Frr.b Rrrad, Rti.k, Holla, l'l.l and Cakoa
oa band or made to order. A general aMortrnent
t( ( onlectiooarie., 1'inlt. at,i Nat. Ib rlMk.
Ire ( rni and (l,trtr In rrrinn. FrIokb aiarly
l-1-i.lta the P'tiffra. I'rlrer niodrrete.
M.rrl, 10-', A.
ANDREW HARWICK,
Mai bet airret. Irarlleld. I'a..
BAai'rAt-Ti nt.a a ki, rBALRB in
NARNEKR, FAUULK.1, iJllllll.tlt, CuLI.A HH,
aad all bind, or
IIOHSH H l.Xl.tlll.SH O0OHM.
4 r,
full etork of rtaddlera' Hardware, Bra.be1
1 1'uml,., rllinkalr, Robee, eic, !). i.n band
I .fari fnr aaie at the In weft eaah iirieei
All kind.
rra(rn; pn'iiinij iat-iiri4 v.
All htnda "I bi lea taken ia earhai'ife fr bar.
nva and rrfiaiilnK
All feiadi of bariitM Iraifaer
TU ba.iae.. .ill be under the ln.nii-.IIMe
i ... i..Lb r, .k
enperneran ot Joha v. net.
Ltrain.io. Jan. l,
jJAIZK H, SCHWARTZ,
. . flale Geo. K van, A Co.,)
MILITARY UNIFORMS
ANb
. EQUIPMENTS,
HI). HON MAMtibTTHKKT,PMI A.
Hand., f ntntiante., Ae., fnrnlrbrd. Rempl..,
l""
iee.
ibirfograpka an 4 aelf atreraring direction, rent
. MCRCIIAKT TAILORS A CLOT II I IT..",
" .. -1 till MARKKT RTRKRT,
Jfcly let; T.-lr" ' '' '
Plilla.
yj N I) E R T i
A K I N (i.
mvr-r.jz
Tbe ueer.Mrnrd are ao tally prepared to!,,,,, ihe atrangchl spoolnclc will have
' j been presented, of a chaiigo of h qal
1IJVDKIITAKINCI, .opinions with chunging circumslances,
. ' it u v a u.i. a ti i.a ha'tus. I of a decision affected by matters iiilsw.
"" .
As l rr.peetlally aohrH tbe palroro ef tkni.
in ill I Hut, earyloea.
joii 1 llt'l. I jnnn,
JASIR.4 U LEAVY.
Cleerilrld. P... F.l. U. 1174
nOt'SK AND LOT FOB SALE.
The Honee Bad Lot ea the eoraer of Mar.
M aad FiitA Mreeta, Cloart.U, Pa., ia for aale.
Tbe lot eoauiae arerly ea arte ef ground. Tba
eeeM le a Wrg euahls fraeM, mnulaiaf nine
rake. Fee araat aaat eaaer iaaraaaVa ef ply
aa Abe eabeerllret, at U feet Oalee.
a-.rll P. A.flArtrrT.
2 - 163.
SPEECH
HON.A.G.THURUAN,
OF OHIO,
11 TBB
VXITEP STA TES ,S?AM TK,
FKIIHIMR V T, IBM.
Xlio Scnuto liariitir iimlt'r tousiiliTii
turn the lullowtiifr ruaululiun
iVnofcW, That P. II. 8. Pinchbeck be admitted
aa a ricnator from tba cllale l Louitena for tba
teria of fix year. beglBiting tbe 4th day of
Mareb, 1B7I.
Mr. THURMAN said :
.Mi 1'mmidf.nt: 1 know that it will
bo irksome to tliu Srnnto to liston to
ftirtlior tliwnnsioii ol'thc qu ration bi'furv
it ; and, eurtuinly, no lusk coo I1 bo
more (linniriwnblo to mo thnn thltt ol
irjH'ntinn what I have more than once
said upon it. Hut tbe chairman of the
cummittve f.Mr. MortomI who reported
tbo rcHolutioii under cotmidenttion, for
the iKlniiiwion ot riiiehbnck te a neat
in thin body although at proviouaaoa
aiona ho hitd li-eipivntly and fully dis-
ctmaca the anhject cltwmod it nnpor-
tmit, int rriuny, to recall totno mem
orieti of Senntoffl tho grotinda Hpou
whieh huudvocuteathoi'utioliition : and
if it was proper for him to do that, as
no one 1 ttuppoaed mil deny, it is
equally proper, Penatont, to relrenh
your memories by a relercnro to tho
argument upon the other side. This
I shall attempt to do not by a full,
much Icks an exhaustive, anrumcnt
but by a brief and condensed summary
of the case. And 1 shall stick to the
citsc. I shall not Hiitt'er uny ttrnrocS'
tion to make mo Wander from it for n
moment. I shull not, therefore, reply
to the parly apncols of the Henator
iroin intiinnn. I snail make no such
appeals myself. A nd, certainly, I shall
not leave tho Stale of Lotiisiauo to dis
cuss tho elections of tho State of Hcor
gin and attempt to season my rcmurka
by a rehearsal ul tbo reported sayinpt,
whether well or ill-founded, of Mr.
Robert Toombs. I am not accustomed
to urguo a lenl question in that mode.
I am not accustomed to make tho right
of any mnn depend iiion theuttewnccs
of some other man, a stranger to the
record anil tho caw. Tho question
before us is, in its nature, judicial, and'
should bo judicially considered. It is
a simple question of legal right; as
much so as a question ot legal right to
land in on action of ejectment. ' Thero
is no room for party or political con
siderutions in its decision. If Pinch
hack has a legal right to tho seat ho
claims, ho ought to bo seated, whatever
may bo the party or political effect of
scaling nun. Jt, on tho other bund,
ho has no such legal right, no party or
political considerations can justify us
in AUMltinn, lilm In nlltaii w,.nla l. iu
neither to gain or to lose a scut In tho
Monato by considerutioug that havo no
relevancy to tho legality of his claim.
II we allow such motives to Influence
our votes, wo usurp the powers of State
Legislature and fleet a (Senator, Instead
of oxcrcisingourcoiistitutional, judicial,
unction of Uelerraing who lias been
elected, or whether tiiero has been an
election at all.
Tho first point made by tho Senator
from Indiana is, that Piuchback has a
prima icit case because ho holds a
certificate of election signed by William
I'ilt Kellogg as (.lovemor of Louisiana,
und that, therefore, he should be seated
ut onco ; anil if any valid objection to
his election exists, that is to bo subse
quently inquired into. If this proposi
tion be true, the Senate has done the
grossest injustice to l'iiichliack and a
flagrant wrung to tho Statu ho claims
to represent. Ever sinco the resigna
tion of her Senator Kellogg, a period
of more than three years, Louisiana
bus had but one Senator on this flour.
Claimants enough, und more than
enough, for tho vacant scut havo ap
peared. Sol to speak of ol he is, let
me remind you that in January, 1873,
came John Ray, with tho certificate
of William 1'itt Kellogg as Covernor
that lie bad been duly elected to till
Kcllogg's unexpired term. And after
ward cumo V. II. 8. 1'inchback, with a
similar cirtificnto that be hud been duly
elected for tho full term of six years ;
and thut both Ray and 1'incliback
were elected by the same body of men
cluiniing to bo tho Legislntiiro of their
State. If, then, 1'incliback hasapriuui
facie cuso, so had Ray ; and if l'inctv
back bus it sri'trwi favie cuso noip, ho has
had precisely the same cuso ever sinco
M-rch 4, 1873. Why, then, was not
Hay seated on his prima faeit case ; and
why havo nearly three years boon
sull'ered to ellipse without seating
1'inchback on his ;in'ii facie case ?
And why, at our very lust session
niter a period of two' years of such
migrant wrong and injustice, if tho
proposition of the Senator from I ndiaua
is sound was the decision ot l'inch
buck's claim postponed ! nine mouths
mure on motion oi'ono ot hissnpjHtrters,
the Senator from his Stale ? And why
did tbe Senator fituti Indiana votu fur
the postponement t, Huvo Seiiulois
I (ecu so ohltl-e that for three years
they havo been liiiiible to coinpldicml
u plain, valid, pniini ii case, even
when fully and ollcn explained by tho
able Senator from Indiana t Is that
the caliber of tho fnrty oild lawyers
who hold or huvo held seals iu tho
Semite since this question arose? Why,
Mr. 1'ivsiilunl, if such liu tho case, the
sooner these lawyers resign their seals
Ulld go to aollle gtHid luw-achool the
,l.....u it -..ill I... l i . .,
oeiier lb mil uu lur ineiii unu lur lue
country. Anil mark it. Senators, tho
fuiltiro to seat Ray uud 1'inchback cun
not be ntlrilmted to tho oppoaition ot
a hostile party majority, lur they huve
all tho lime belonged and yet belong
to tho dominant party 'in this floor.
Why, thuli, I retreat, wua Ray kept out,
nolh withstanding hia pt ima fticiecato 1
And w hy has Pinchback been snllervd
to w under through these hulls and
corridors for tbreu long years, like a
rejected ehost ou tho bunks of the
Styx, ami found no majority to do him
justice? There ia hut one answer to
give to this question, but one answer
that is consistent wilu the character,
: tho dignity, and tho sense of jtiatico of
I tho Senate; and that is I hut Senators,
i without respect to party nfllliations,
. have not been ablo to see that ho has
i either a prima face or an actual right
to the sunt ho claims. And should ho
lio seutcd now by the votes of Senators
ivlioan volpa have lu'tWolnrn ItettL liim
iquent and alien to the controversy,
i that has ever yet lietiB seen III tbo his
tory ol thoScnalr. iiiiemonthsagolhc
friends of Pinchbaxk tvero unwilling
that the decisive rote should betaken.
Why unwilling? but one answer can
bf given j they knt)W or at least they
thought, that ha would be rejected.
Hod he been rejected MtA, no one ean
tell whether a RetioUlcan or a Demo
crat woukt aattf bean aunted In hi
toad, jtut mm that tk rrmtt c tba
CLEARFIELD,
so-called Wheeler compromiso has boon
to givo tho Democratic party a majority
on joint ballot in tho Legislature of
Louisiana, who bavo proceeded to elect
J. II. Kustis, tho Senator from Indiana
hastens to warn bis party lrteinls that
thoy bavo to choose between 1'inch
back, tho Republican, anil Kustis, tliu
Deinottrat ; as if you, Republican Sena
tors, who only tuiio months ago were
conscientiously opposed to I'ineliback'a
claim, are now bound to suppress your
convictions, smother your consciences,
and humbly vote to admit liim in order
to prevent the admission of a Demo
crat, Alas, Mr. l'rcsulciit, we havo
lallon to a low estate indeed, if a claim
to a scat in this body, sometimes called
august, is to bo decided hy such a con
sideration I '
Mr. HOWE. Will It Interrupt the
Senator it 1 ask him one question T
l 'T' II T -1, tf , V v ' : . : t , .
iur, lueaaiJiii. a ce,eir, ivwui. f
I am making an argument, I prefer not
to bo interrupted. 1 will with pleas-
tiro answer uny question tho Senator
asks when I am done.
Mr. I1UWE. Certainly I will notask
a question if it will interrupt tho Sen
ator. Mr. TIIURMAX. Mr. President, in
view of tho facts to which 1 huve re
ferred, I maintain thut whether Pinch
back has a prima facie case or not is no
longer an open question. It has been
decided by tho refusal of tho Senate
for nearly three years to seat him and
by its refusal to sent his predecessor,
Ray. To say now, alter these refusals,
that ho has a prima facie case is in ef
fect to attributo to tbeSenatetho gross
est stupidity or tho grossest injustice,
and neither imputation is admissible.
-No, air: tho benute knew w hut it was
about when it refused, or neglected,
wuicb fa equivalent to a relusal, to seat
Ray or to seat Pinchback upon a sup
posed prima facie cose. It know that
the Senate, by its proper committee,
had invcstiiruled themeritsof thocase.
und that all tho facts of tho etiso hud
been rcMrled by thut rommittco and
wero before tho Senate. And it knew
that when a court has gone into the
merits ol a cuso there is no longer room
to talk ol i n'mo farirt. A prima, facie
case Is good only when tho actual cuso
is not before the court. Tho moment
tho actual case appears the prima facie
caso vanishes. J lore wo have the so-
lunl case before us. We ordered our
committee to ascertain it-; it did ascer
tain it and reported it to us ; tho re
port stands uncontradicted by further
testimony ; tho facts have become a
part of the authentic and official histo
ry ot the country, and wo aw as much
bound to Luke notice of them as we ate
bound to tako notice ot any fact in the
history ot tho Kepumic. In view ot
theso tacts thus brought before us, and
which wo are thus bound torccogniic,
there is no longer a prima cii' caso
upon which wo have to decide. Our
decision must bo Ujxm the merits, for
it would be the height of absurdity to
admit Pinchback utsjn a prima facie
casu, and thon uimmi the testimony al
ready belore us turn around and the
next day unseat him.
Before leaving this point I ought
perhaps to notice tho fuel that, at a
previous session, the Senator from In
diana quoted some remarks ot miuo in
tho lioldtbwaito caso to support bis
proposition that tho certificate of tho
liovoruor constitutes a prima fiiciVcaso.
Rut every lawyer knows that tho lan
guage of a court is to bo restricted to
tho case in hand, and tbo sumo rule ap
plies to tbo language of a Senator in
reference to a judicial question. Thus
restricted my remarks, quoted by the
Senator, were, so far us my investiga
tions hail gone and as 1 believed, per
fectly correct; although I havo since
been informed by tho Senator from
North Carolina Mr. Mehrimon that
a moro thorough search into the pre
cedents discloses the tact that 1 had
overlooked some of them and that my
statement was tso broad ; and I think
that, at tho Inst session, he referred to
some cases iu which it was held that
tho Governor's commission ditl not con
stitute a prima iinecuse. Rut 1 re
peat that what 1 said in the (Joltl
tbwaite case was correct when applied
to the fuels of that caso; but they have
no application to a cuso like the pro
sent. Tho body thut clouted Gold
thwaito was confessedly tho Legisla
ture of Alabama, tho iiovcrnor who
commissioned him wus confessedly the
liovernor of tho State, and no investi
gation by tho Senate, or any commit-
teo thereof, bad tuken place; and so
I hern was not one particlcof testimony
before tho Senate to invalidate his elec
tion, . And the memorial presented
against him did not question tliu exist
unee of a lawful Legislature or the ti
tle of tho Uovernor. it simply ques
tioned tho right of certain muiubers of
tho Legislature to their scuts a ques
tion of whitdi wo could havo no cog
nisance, mid even hail their seats been
vacatud there would have remained
fiir more thnn n quorum of lawlully
elected members, mid consequently n
luivnii Legislature, til course. In ii i-hao
like I hut, 1 was correct in saying Hint
the f lOvernor'scwrtiticHtc muduu prima
facie case. Rut what bus that lo do
with the case in hand, in which Ihure
wero two bodies, each claiming to bu
tliu Legislature of Louisiana, anil two
persons ench claiming to bo tho (ior
ernor of tho Slate, and our couiiiiiltee
had reported that neither body wits a
lawful Legislature and that neither
person ought tti bo recognised as (iov
ernor f To apply my reuiurks to a cuso
like this is simply to ignore the blond
est und most fundamental distinctions
between the canes, and to wholly mis
apply tliem. Besides, on a subsequent
day, I sluted tho rule withgrtulerlull
neas and accuracy, aa follows; I read
tho remarks I madoonthataubaoqnciit
occasion : ' '
Ma. TurnHAS, The Committee aa Prtrilreo.
and fcieetioBp, In accordance Milk the UBivcreal
practice ol tbi, body froia the foundation of the
Unrernmeat to Iki. day, a practice that ba. net e
etnghj oiceptien, ripnrted that tbe ori-atia'a
of thta scnlleniee being- eorrttl, een A. aoriMf
area cfrrfrd ey a eorfy roetI.el la rcrr, be tree
prfa. aefe emitted to hi. cent end lo Be .worn
in. end lltet any greand of conte.l would tie hcetd
afterward. fS,a,rM.i'onaf OUtht, ear-ond ee..iB
Forty aceoad Oeagrew, Part I, page SiO.
Hero yon soo, Mr. President, that
tho rule, as I stated it, requires that
tbo claimant shall havo "been tirctcd by
a My rom)x1en1 ta ctcrl;" but the very
fact upon which 1'inchhack scose turns
Is. " W as ho elected by such a body
It' he was, no one denies his right to a
seal ; if be was not, a thousand tiover
nor' commissions could not confer
that right. And this brings me to tbe
merits of tho case. In considering
them, 1 find it unnecessary to inquire
who was the lawful, or tlio dc facto
(iovernor of Louisiana, Mi F.nery or
Kellogg, for, as 1 bavo said, it l'nich
back was elected by a lawful Legisla
ture, ho is entitled to he seated, ho
could not be deprived of his scut by a
refusal of either Kellogg or MoKitary
to give tho proper crrlitieato. On tho
other hand, if the body of men w ho
elocted bim was not tho Legislature,
then be would) have no title even bad
McEnerr aavd Kellogg bulb wtified
that he ipm eiectod. Now, what ar
PRINCIPLES, NOT MEN.
PA., WE
)NESDAY, MARCH 22, 1878,
aavaBBBBBMaaBaBaBBaBaBBBBBBaBBaiMaMBaBMBaaBBn
tho facts J 1 gliall state them as found
by your comiirlteo, lor lo givo them
in detail, from tho thousand pages of
i
toHiimony, wonu occupy too ninca
tinio and be tod great a draught upon
your putienre. For you bavo heard
that tostimon; discussed time und
again, and its ; ciierul features uiv all
that need bo .iculletl to your memo
ries. - I
On 'Novcinu-r 4, 1872. a ecnerul
election wus 11 id in Louisiana for u
(ovci noriind oilier State officers, mem
bers of Congrats, ono-half of tho State
senate, nntl al the mcmlK-rs of tho
House cf RepruVentativos of tho State.
there wero two parties who had tick
ets in the field, i ho Republican purty,
.!..... l:.l.....c..-;...; it-Ti
i.,hu luNuiuuiuwi uuvunior wus it II-
Hum Pitt Kellogg, and tho fusion par
ty, so culled, whoso ciihernntorial can
didate was John I'cKnorr. And each
of theso paHfen bad its candidates tor
other Mate otllccs and tor members of
tho (Jcnerul Assembly. Tho ofllciul
returns of tho election showed majori
ties ranging from nine to lateen thous
and lor tho fusion cundiikites to tho
Legislature. Coii theso returns the
Semite, including tho Suuitors who
held over, stood 22 liisionintg and II
Republicans und the House stood 71
Fusionists and 39 Republicans. These
tncts wero abundantly proves1 before
your Committee on Privileges and
Election, and I am not nivaio that
thoy nro disputed by any one. - (Sue
roMrt of committee, Carpenter's, page
81, et $cg). And yet tho body of meu
assuming to bo the Legislature of tho
State, who protended to elect Pinch
back United Slate Senator, contain
ed a majority of Republicans! . How
was this struugo resell brou.rht about?
You havo only to look at the teiKirt of
your rommiuooano tno accompanying
testimony to sec. j no whole history
i there given in great fullness and
detail. 1 havo no Lino to repeat it,
and therefore let it suffice fur me to say
that, under a law of Louisiana, which
your committeo found to be unconsti
tutional, all election returns were to be
canvussed by fivo men, called a return
ing hoard; that throe men, to wit, Jno.
Lynch, James Longftrect, and (icorgo
K. Bovee, unlawfully assuming nntl
usurping the functions of this board,
pretended to canvass the election with
out a single official return before them,
and, ny rejecting about tltirty-ono Fu
sionists, who, according to the official
returns, wore elected, and substituting
for them tliirty-oi o defeated Republi
cans, constituted a sham Legislature
contuining a Republican majority ;
thut to curry this conspiracy into ef
fect, K. II. Durell, District Judge of the
United Slates, "out of court, lute nt
night, December 8, and without appli
cation by nny pnriy'" made an order
that tho Marshal of tho United States
should "forthwith tnke possession of
tho building known a, tho Mechanics'
Institute, und occupied na the Stale
ilouso for the assembling of tho Legis
lature therein, iu the city ot Now Or
leans, and hold the snmo subject to the
further order or this court, anil moan
while, to prevent all unlawful assem
blage thereiu under tbe guise or pre
text of authority claimed by virtue of
pretended canvass und returns of said
reluming olllcors," (Hint is to say, tho
I'cronct Doom, who
hail canv
nam.
the actual official return and w hose
canvass had been pnx'laiined by tho
uovernoi- piirauanl to law;) tliut, in
cotnpliaiicu with this onler of tho
Judge, the Marshal, 8. 1). Packard,
taking to bis aid a body of Federal
troops, scir.ed tho State Ilouso tho
same night and held armed possession
thereof with said troop for about six
weeks; that, two days nller tho mak
ing ofsuiil onler, to wit, on December
7, tho sb mo Judge, in a suit brought by
C. V. Antoino, enjoined every Senator
and member elected to the Legislature
who had not been lelumed bv tho so-
called Lynch board fioin participating
in mi inuiirriii too orgiiiiisuiion oi toe
assembly j that this ordur was enforc
ed by Marshal Packard, aided by his
Federal troops, by excluding uH sucb
members from tho Statu House at the
timo fixed for tho asucmbling of the
Legislature, to wit" December fl ; that
consequently no olio who was not re
turned ny aatd .Lynch boon! waa per
mitted to tuko part in such organ na
tion, and tho Republican portion of
those thus returned, containing less
than a quorum of the lawfully elected
members, assuming to bo the Legisla
ture of tho State and niado a pretended
organization ns such; nnd that this
was the body or men thirty-one of
whom had no color of title to seals in
tho Assembly thus constituted hy tho
void order of a Federal Judge nnd
sustained in their usurpation by tho
bayonets ol the retleral Army, who,
on tho following 1,'ith of January, ami
while the Statu Ilouso was slill in pos
session of Mors'uil Packard and tho
military, assumed to elect I'. It. S.
I'inchliiiek a Senator of the I'liitcd
States.
And now, Mr. President, what said
your couiti itlee in ivlcronco to these
proceedings ?
First, in inspect to the Lynch board,
w hi h is made the foundation tor this
so-culled Legists lur", the imiimitte
said :
The foltuwiug nr. eme t,f ihe objeiHioti. t tbe
mliiliij uflltctr procc-ding. !
I. 'I ho hoard bad Istcn ab'iti.hct by the ait of
November 20.
So that even if Ihe hoard hud ever
hud II legal existence, its legal exist
ence was gone by that ncl.
I. Ilie board wa. under valid und dieting In
junction, retraining it free, acting at all.sud an
taianetiea In lb Armored eeeo retraining it
Irmn making any ennra. at bated npnn Ilia
official retarn. ef Uia election.
A. Conceding tL-ebrdwa in ta .tente.tnd bad
full auihurity le caura.l lb. returh', It hil no
relirrae lu caavara.
The nturna frm tti. iar!he. had been mad
neder tbe law of 1.70, le the Uovernor, and not
one of ihein wee belore Ihe Lynch bunco.
It wn to.iiued before yi,ur cummin., by Mr.
Bovee bim'ell
He was one of this Lynch board
who p.rtlcipattd is thi. eanvn. hy the Lynch
board, that they w,-ro deteiminnl te bere a Re
publican Lcgl. latere, ami niad. their canra . to
ileal .nd. 1 he tc.llusiny ebuminntly e.teMl.licd
lb. fr.itdnl.nl character of their rnnva.. In
...me eevc. Iliey lied what were .opposed to Is
otplee of lb. f-riginal reliirna, ia e(br enaraihcy
had B'.lbtng but arnrpapcr elalamrhl., nnd
In atbrr onler, where Ihcy bad nalhing
whalerer le ect n)UA, Ibey maila an ctimate
l.e.ed upun Ihcir knowledge of the political com-
Clokion of Ihe p.ri.h, uf wh.t the vole nurhl te
ave been, 1 hey atao aoantcd u Inrgc number ef
aaidavit. purporting lo be awara lo by voters
who had been wronglully dented regt,tr.tl.a nr
tbe right t. vote, meny of which en1d.vlt. tbey
mu.l have known te be forgeri... It wa. twlt
Ood by on. wane.. Ibet he lorgad ever e Ibnee.
end affidavit., and drlir.ied them to the Lynnb
hoard while H wet la eewin. ft la nulla ua-
aeccaaary t weete time Ib eoa.lderiag Ihia part L
ef tbe eeaa) for no per.,,, nan .Aamine tbe toll- f
money ever ao cureeriiy without nrcing that thi,
pretended cunrnm bad Beeemblaneeef lolcgrlty.
Yet upon that pretended canvass,
mad by throe men without a shadow
of right to act as a returning board,
having not a single official return be
hire them, and who, according lo tho
truth of Hove, canvasrwd with a deter
mination lo make a Republican legis
lature, this Federal Judge made his
onler, and Federal troopa wero cqi
ployed to keep out uf thai State llouao
and out af that asemnihly every man
that this fj-auJulcut, , aud prulepdad
board did not rrtum, .. ,
,f.;KU 0-..:' - I : . : ' ;. ! I.'!'- , , 1 ,
, . ' .i ..' ' . n ' :" ' . ' .- ,v i .
REPUBLICAN,
..I I I,.'.. or .; ., .,' hi . . I. 7 !'! , .
Well, air, let us go on farther. , Sec
ondly, what mid your committee, in
respect to Burcll ' midnight order
that order for tho seizure of the State
House and the cxolusion from it of tbe
members who wore oertitiod to.be
elected by tho De Fcrit-t board, tho on.
ly board your committee say that hail
the semblance or point- of legnl right.
nnd a hoard which I -say; after raro -
fully looking into thb -report was a
lawful returning board) nnd. what
Senator Trumbull said in favor of its
legality is fully sustained lv tho facts
wtiut did your committee say in ref
erence to this midnight order ol Dnroll
to exclude the lawful member from
the Legislature, and put that State
nouso under the control ol f ederal
bayonets? Yourcommittce said:
It I. ImnoMtlile to ii.ne.lve of a mora Irre.uUr.
Illegal, and ia everr war laeaeiuabl. act on tba
nerl of b lud... Ooucedia. tk. eMM mt h.
court to make auek an order
That was only a concession for tho
purptaH) of the argument, not in fact
Conceding tbe power ef the eoeri ee make such
an order, tba Judge, out of eoerl bad no more
authority t. make It then had tba marahal. It
ba. sot B.ea tba form of judicial preocee. It waa
nut eeeled, nor waa It .igncd by the olerk, and
aaa ao more lagal en,t tune ao wmcr IiobmI by
any nrirnte ciillswm.
There bad been bo am.Dilia.at of la. bill
of camplalat. The law of Norembor 10 bad been
preiaulg.teu. 'rb. De r.-tet bovd bad bistn ap
polnll ia pretended nurrnanoe ibareuf. WbMb-
er, aader the CuB.Ututlao, tba t.o.ernor had tbe
power, ia Ihe vacation ef tbe Leai. latere, lo an-
polal that hoard, upon tbe ground that lb. not of
novcmiMr zu created oDicc., and therefore reoae-
eiec in omce, your eemmittee do not Inquire, nut
it U nnuer.UKid that tee Coaalttutloa kas bwca Co
eoa.ltued In that Stale, and that Judge Dibble
wee appoini.il ny the uovernor under almilar
alrcoin.ianaw. ,
Th P. Fcrlat board, therefore, bad color of nffi
.inl.Ai.tcac. ' Their eanva.l waa completed, and
in. reeuii promulgates uuuer nolor of lac aula
law, and it ia clear that tbi. gave Ihe Federal
eourt ao more rtgbt lo aelae the State bouea than
to vctae tnta uapttol. - i ' ,
Tbe mar.hal,oa nclviae thi. preteoded erder.
called for a detabujeul ef I'hlled Htatea troop, to
act aa a pace ceciiiafea, .cited I be Btal. aoaaa at
a a. at. 01 ueoemuer 0. and held It for week..
That is w but your committee said
respect to that order of Dnrctl.
Again, speaking of It In a subsequent
part of tbe report, they aay :
Ib th. oninlon of roue committee there U
no doubt conceding Ihe validity of the act of
November iOtbaA It trecferf ed lb. duty of
raovae.ing me reiura. oi in. la.t electloa to lac
board to be elected under the prori.fea. of the
act. Tbo act provided for anon election be the
Senate, and, taking effect In th. vacation of th.
lgllatore, e realm oalcee te be ailed thereafter
hy lb, Kenau. Tbia is what ia .tried ia lb.l
Plata an original vacancy, which, banpeaine. in
lb. vaoatlott of tbo Legi.latare, tbe nlnvcraer la
nutburiaed to All hy appoiulmenti and it I. Mid
that th. mart ef Ibat Blate her. ren.at.dlv roe -
egeiaed ia. right ef tbe Uuverejor to mnke lock
epputulmrat.. ,
Ibat showed that tho Do tenet
board was a lawful board. And, sneak
ing ef Durcll's orders, the committee
say n ; . - ..
Viewed ia aay light la wkica yoaroommlttee
cooeiaer tbcro, tbe order, aad Injunction, mnda
and granted by Judge Dercll Ib tbi. aeeee are
meat reprebeBiible. erruaoou. in point .f I.w, aad
are wholly eoid for want of juri.dlctlon t aad
your eommlttee muat eapveea their aerrow nad
bumiliatloa Ibat a Judge of tbe failed fllaAeo
.houtd have proceeded is .neb lagruat dirrerard
of hi. dety sad have so far overatped the limit.
oi federal juriMioiien
Thirdly" What said the committee
in resiiect to the Inst order of Durell,
In which 1 have referred : that order
by which Lo enjoined every Sonutor
and member ol the lioose ol ltcpro
sentativo of the Legislature, who Was
not on the return oi tbe Lynch board.
. Irom taking any part whatsoever in
,,, ..r .1... A t.t..
tho organization of the Assembly, in
consequoncoot which theywere wholly
excluded from that Stuts boos and
the conspirator wora enabled to pro
ceed with their ao-vallcd organixation ?
I read again Irom th report, page
43 nnd 44. After showing thai the
Judgo could by impossibility have had
any jurisdiction to make that order ;
that it was made directly fn the face
of the act ot Congress which provides
that th jurisdiction of the Judgo shall
not extend to the election of members
of a State Legislature wa not only a
flagrant usurpation of th Judge, but
wus directly in the vory teeth of the
act tif Congress under which he pre
tended to act, tho committeo concludo
as follows : ' ' .
ledeed, H I. impoxlhle not te eee that the. bill
wa. Oled, end tbe retraining order iboreon waa
leaned, for the ante pnrpuee of eeoompli.hiaf wkat
an Federal eaurt baa tk. Jurl.di.tion In tic, lb.
organiialiua of a State Legi.lalor.
Aad your eommlttee cannot refrain from et
preeeieg tleeir e.lvai'kmeot Ibat aay Judge ! the
United Ht.le. .huuld Ibue unwarrantably bate
Interfered with a State gorerement, aad know a.
language toe alroag to exprat. their condemna
tion of .ucb a proceeding.
It at tbe opiuloa of yeue eeiuetltteo that, net
fur the nujn.tiflable interference of Judge liurell,
wbuee order, were executed by Tatted Plate,
troop., Ibe ceavufe made by the' De Feriei board
nnd pmmulgnlad by Ibe tiureraor, declaring
McKoery to bare been elected Oorernar, Ac, and
al.o declaring wbn had ommi .leeled to the lgia
letore, would bore bee. aeqnUMCod ta by lue peo
ple and that government would have entered
nuietly apon tbe aiMviM of the eoverelgB power
of tbe Stale But tba prooeediag. of Judge be
rell aad the .apnort given tu kirn hy railed State!
troop, raaalled la ..lahliehina tb. nathorilr de
.rle of Keliugg and bi. BCMictatc. iu Stale oRloe.
and ol the penmna dectaped by the liynca bo.rd
te be elevtcd to lb. Legi.lature. V.'e bare nlreedy
even that tbe proceeding, of that board cannot be
aaMaiaed without di.regardieg ell the principlm
of law applicable te the aehjeet and Ignoring tba
di.lincliea between good failh nnd fraud.
What said the chairman of the com
mittee, the Senator from Indian Mr.
Morton? I read hum his minority
report, page 70 : -'
The eoaduol of JuJgo Purell, eitting in the cir.
cuit court or Ibe failed Htelcc, OAnnul 1st j,i.lllli-J
or defended, lie greealy exceeded bi. juristic,
tion and aerumed Ibe axoroiee of power, to which
he eoold lay no elaim. The only authority he
had in tbe matter giaw nut of Ibe net f Congrer.
ol 1870 to enfurce Ihe fifteenth amendment, end
tbe net amendatory of that, p..eed in lay I, which
gave ee lha eoaru of tba failed rit.lea. Juriadic.
lion in nil eaer. In law and equity arl.iue under
tbe former not. fader the tr.t ncl Iw. otae.e. let
caeca mlbt ariee t fir.t, ncli',na to enforce tbe
right, ot tboae ivbo bad b.n Illegally denied tbe
right te v. upon the ground ef race, ael'ir. or
previou. aondllion of ecrvitude ; nnd, vcwnd, no
ttoa. te enforce tbe right, of the. who bad beau
deprived of oftne by ro.cn ef Ihe dcnlaj lo per
Miu. of lb. right tu rote on a-cnnnt of race, color,
or previou, coaditloa ef eerviutde and euit. ia
couity. anclllery ur iu ul lot tbeee right .farlion,
wonld come within the Jurisdiction of the eircoll
court of tbe fulled Sl.le., emong wbicli would
be a rail te perpetuate te.lnauny. Hut ia tbe
prcten.e that in a .ait le p.rpctu.te tertimony
Ike euertoeuld go heyimd lb. aetarel and reneona
ble juri.diotiuii, to dcuide wb. con.titutvd tbe
legal reluming board under the lawi of Lonl.i.uj,
and to MBjrre Ibe right, of earn aa it might cm.
lermme te be member, of lhat board and lo ca
jole other, who were aot, I. withont nny fonnda.
Ue. In law or logic
In tbe Auloine ca.c, Ju.lgc Durell aol unly n.
aumed lu tletermlne w." euneiltuled the kgal ee.
Inrniug b.ieril, but tt. prsMribe who .huuld ha
liernnt.ed to lake part in the organi.ulion af the
Legi.lature le enjoia nil poreun neea iaklBg part
in aucb erganl.ation who were not returned by
the Lynch boerd aa elected ; end thi. acumptlna
of Joned'eliea waa made In tbe face of taeeaproe.
prori.iua la tbe aot of IS79 lhat ita beacOt.
.hoBld not extend to candidate, far elector, for
Oongre.., or for the Uinta Legi.lature. Hit urder
il.ued is tbe Keliugg ca.a 10 tbe failed Slele
marabal in take po.eea.ia ef tku Sloce hnaea fur
tb. purp'iee of preventing anlnwful aaeemblegee,
nnder which the marehal called to bi. nid a por
tion ef tba army ef the failed italae ea e aeem
cois,r.fe., nan only tea characterlled n. a uturpv
Thoso were the opinion of the Sen
ator from Indiana when that roport
was made, and there never were
truer words striken by man ; and
they arc conclusive of thi case, aniens,
indeed, tho Senato fs prepared to aay
that aao-oalled Legialstura, stablisb(sl
hy th void orders of a Judge and tho
unlawful use of the military Dower, a
sham Legislaturo, in which there never
was a day, up to lb time and for some
timo after tho election of l'iiichliack,
when there waa a quorum In it of th
lawfully elected mombers of that boily,
i Ui km iwmijtd auUamv the SaaU
I preptired toaanctity thmol flagrant
NEW
I
usurpation known In tho history of a
State, and give ono of Ike chief conspira
tors tho reward for hi crimo.
Hilt further, sir, what wero the con
clusions of the committee after review
ing Hi whole case ? Thoy are found
on pages 14 ami (10. On page 41 the
committee say;, , ., '.,-,
1 nr enramlltee ere therefore led t I In
l l" that, if tbe.ieMien M.i in .Vnrcmher. tsr,
fcTftiSlS "iff lTTrJilZ:
and the p
perenae certified a. meintmre of the l.va.
leisture ay tr.a be reriet hoard, ouirbf In be ree
gnircd a. the lege! government of Ihe Slate. V.
aidering all Ib. laeu eelabh.bed before your
mill., there Mem. en eesape from tbe alternative
tbal the McKnery aovcramcnt tnu.t be recogulred
ay iwongrca, or longrea. rauat provide fur a re
election.
Let us panso lor ono moment to con
ider tbe full scope ot this statement.
They roport that if there is any legal
government at all, it is the McKnwy
government ; u inert, i any legal liov
ernor at all, Stcr.ncry is tho man ; n
there is any legal Legislature, It is the
Mo Knory Legislature ; and they declare,
In the most potntivo and decisive terms.
that this so-called Pinchback Legisla
ture was no Legislaturo ut all. 1 hey
afterward go further. Having demol
ished 1'inchback and hi legislature
and Kollogg and bis Uovornorshin,
tuey proooed to demolish, upou rumor
and suspicion and tho like no, some
testimony, too, for I want to bo per
fectly fair McKnery and his Legisla
ture, as they suppose, then what
conclusion doc that bring them to ?
First, having found upon irrcfrugablo
testimony thul the so-called rinchback
l,cgisluturo hud no Icgul validity at
all, and then after having found upon
what thoy admit to no very looso kind
ol testimony that the Alofcncry govern
ment also had no legal existence, they
come to this conclusion at tho close of
their report, which they, embrace in
two resolutions : ' ' ' 1 ' '
Therefore your committee recooaoteBd the adup-
liua of Ibe following rernlulioa , . -.
I. if ceo red, Tbal there 1. no Htate flovcrnmcnl
at preaeat ealeUag fa tba BtaAe af Leal daaa..
If there was no Stato government
existing at all, thon the so-called Leg
islature which elected 1'inchback had
no legal validity. . They report lhat
there was no legal government then in
Louisiana: and that disposes of tho so-
called legislature which elected Pinch
back and the McKnery legislature Me
at men. i ben they report a resolution
1. rtcaolerd, Tbal neither John Ray nor W. I..
McMillan i. entitled ten eaat ia theKennlfc neith
er having nee eleet.d hy Ibe Leg.ilature of tbe
mete oi Lrfiui.iMB. -
Ah I neither John Hay nor .McMil
len whoso credentials wero beforo them
bad been elected by tho Legislature of
Louisiana. Hut It was precisely (hat
so-called legislature which elected Kuy
that elected Pinchback, ami, if 1 recol
lect aright, on tho very self same day ;
nd it was precisely that so-called Mc
Knery legislature that elected McM il
len, and lhat at tho tame timo, so that
they report in their resolution that this
body culled ft legislature, by which
Ray and Pinchback were elected, was
not a Legislaturo ol tho State nr Lou
tsiann. - i ''...
Now, who signet! that roport? It
was signed by Matt. 11. Carpenter,
John A. l.ogan, J. L. Alcorn, and Jl
ii. Anthony, air. Trumbull made a
separate report for himself concurring
in the condemnation ot tbe i'mchback
leirialalur at all. but disaureeinir iu
respect to whether Alcbncry had boon
elocted Governor, aud also disagreeing
in rcleronco to a romody that had been
proposed. Ho, therefore, is to be ad
ded to thoso who condemned this sham
legislature by wbicli Pinchback was
elected, . . .
Who next? ' Next comes the Sena
tor from Georgia, TMr. JI ill 1 llo also
condemned tho Pinchback legislaturo,
hold that it bad no legal existence, and
ho only dissented Irom the majority of
the commute as to tho modo ol redress.
So hero are six members of this com
mittee concurring in every word that
t have said to-day.
I hen comes tho seventh, the chair
man of the committee, tho Senator
roni Indiana, and doe ho dispute uny
one of theso fuels that I bavo related
to-day? I think not. Ifhedoes,! havo
overlooked it. Hut be base his dissent
from Iho view of tho committee, if 1
understand his report and havo not
overlooked anything in it, solely, or, if
not solely, m inly, upon certain decis
ions of tho supremo court uf Louisiana,
which ho says recognised tho Lynch
board and the Pinchback legislature;
and, becoming an advocate of State-
rignu an at once, no moiniuins mat
wo are bound by theso decisions of the
supremo court of Louisiana.
Xow, Mr. President, I havo -this
single remark to make to my friends
who signed this report: It thoy will
stand to-day by their aolemnly recorded
convictions; if they will give tho vote
his day which their report requires
them to givo, hy a logic which is per
fectly inexorable; if tltcy will nay to
day, a they nid when they niado that
careful report to us, that the body that
elected Ray, being tho same body that
lected rinelihiiek, was not tho Legis
lature of the State of Louisiana if
they will say that, 1 think there will
bo an ond of tho question.
that is not all, -Mr. President. Mr.
Carpenter afterward Introduced a hill
n consonance with theso resolutions,
providing for a new election In the
Stato of Louisiana, and that bill was
founded entirely upon this report. Tho
only basis fur the bill was that thcro
wns no law ful government within tho
State ot Louisiana. The only basis for
Ihe bill was what is declared in this
first resolution:
That there la an ritale goreremtul at Dretcot
cxiitiag Ib the State of Loni.kna.
That bill after a long debate came to
a vote in thin 8cnato. 1 had tho vote
beforo me a litllo whilo ago. Suffice
il to say that it rccoived the voles of
18 for and Inure wore 20 against, and ot
llto eighteen who voted tor il seven
teen were Kepiiblicaus, and eight ot
those Republican are on this floor to
day ; and, if they will stand by tho
logic which brought them to give their
votes then, this question will be docidod,
and deeitled according to the vory righl
uf iho case. They cannot Justily, thoy
cannot protend to justify, themselves
for oiiO, moment in tholr vote in (uvor
of that bill, except upon the ground
reported by this committuo, that there
Wat) thon no Stato government in ex
istence in Louisiana. Thai is tho only
justification they can havo lor the volo
they gave tor that bill, and, thereltrro,
If what tbey thought then was true,
they aro bound to give effort to that
fact and to say that Pinchback, elected
by a body called a Legislaturo but
which was no Legislaturo at all, ha
no right lo a scat on this floor.
And hero I wish to aay and 1 wish
lo say it with nil propel- respect to
theso gentlemen for 1 am not assum
ing to lecture them aa to their duty;
1 am not aoeustoraed to lecturu Smta-
tora as to their duly but 1 beg leave
in the most respectful manner lo call
to their attention the met that, al
though nbiHwiuent event might make
tt wine or aren jutliljabl for them to
.-wgalM Helloggdv now tbe (lover
nor of th Stato, ijiat I no jnatiflreAtioit
I.
. is.
TEEMS $2 per annum In Advance.
SERIES - VOL. . 17, NO. 12.
for their voting to seat Mr. Pinchback,
Subsequent events the uoquicscenoo
of tliu people of Louisiana, tho long
tlmo ho has held tho office, tho short
tinio that, romnina .if lux t.irm iniirltl
justify Sonutor in recognising him
the liovernor. ut vast i c facto, out o
.ptdilicul considerui ions; but when j
t oiiiCH to volili" noun ll. nesli.,ii
jwhetlier Mr. I'mt hL.nl; , infilled
- . '" '""''
l.mlv vmi cannot m-i rid
p ft till) flllestioli.
ll'. tlu: :ll.,l iUtt.
!i liim' the. J.,nil,itiirc nf tlmt State f
Anil no subsequent events can make it
tho Legislature if it was not so at the
timo that election took plneo. If it
wa not the Legislaturo then, there is
no process of ratification that, going
back to tho beginning, makes it u Leg
islaturo !, initio. Tiiero is no such
thing as thut known to tho law of a
case like this. I ti therefore perfectly
jilain that if tliniwi Senators who y,ot,l
tor lhat bill the Suiiulor flout Kliode
Island, Mr. Anthony, tho Senator
from Now Hampshire, Mr. Craiiin,
tho Senator from Michigan, Mr. Fea
lty, tho Senator from Now Jersey,
Mr. FatLiNtmi ysxn, iho Senator
from Maine, Mr. Humliu, tho Senator
from Wisconsin, fMr. Howo.l tho Sen
ator from Illinois, Mr. Logan, and
tho Senator lroinOhio,Mr.biiKB.MANj
will vote to-day, as they voted on
Mr. Carpenter's bill, fur a new election
in Louisiana, I say once mora that this
question will bo decided, and decided
correctly and right.
Now, Mr. President, the wholo mat-
tor of this caso is in a nut-shell. There
ia one thing upon which tho question
turn, and that is, Wus Unit body of
meu who assumed to elect I'iiicliback
the lawful Legislature of tbo Stato of
iyouisiana 7 If thoy wore, then Ibis
fact entitle Liln to tho.nuut; if thoy
wero not, then he ia not entitled to
tho sent, nnd by no possibility can any
thing cure the defect in his title.
In respect to tho decisions of (lie
supreme coartof .Louisiana upon whieh
tho nenator from Indiana places such
great relianco, if there over wus any
thing demonstrated by Jcgal argument
it is demonstrated by the report of tho
committee that thoso were docisions
made without jurisdiction of tho ques
tions they professed to decide; thul
what the court said in reference to tho
Lynch board and the Pinchback Leg
islature was moro obiUftliiium, nntl Hint
no resiiect whatever is due to, thoso
docisions under Iho circumstance of
tho case. 1 shall not go into lhat pane
of judicial history, the most painful
and the most disgraceful naco of judi
cial history ever written in the annals
ot tbis Jtcpiibhc; a pago of history in
which not only error but corruption
stares you in Iho laue at every step
yon tako; a page cf judicial history
which shows men rewarded lor the
part they took in this conspiracy by
bcing elevated to tbo bench by Pinch
back when acting us ''.iovcriior, and by
Kellogg nflcrward ; a pago of history
which shows tho relative ot judges re
ceiving high nnd lucrative positions,
and the decision of tbo judge iu precise
accordance with the wishes ot thoso
who granted tho office. I say 1 will
not go into thai in detail. It Is a sconce
too disgusting for nny man to wish
illmgly to look uivuu. 1 pass it by,
for there is one conclusive answer to
all that has boon said about tho decis
ion ot tho supremo court of Louisiana:
and that is, that the question beforo us
is to be decided by this Scnnto and by
Ibis Senato alone, and thai the decision
of no court, not even if it wero tho Su
preme Court of tho United States, has
even the force of a precedent on a qucs
tion like this. 1 hoi (institution makes
the Senate tho solo judgo of the elec
tions, returns, and qualification of its
members. It cannot, therefore, be
bound by the decision of any other
tribunal or nny other body of men.
If It could be, it would ceaso lo bo tho
solo judgo. If it could be, its power
would be limited and hampered from
day to day, as tbo courts ot tho coun
try might render their decisions. o,
sir; Ibis power of decision is vested In
and in us alone. 11 o cannot abdi
cate that powur ; we cannot cost aside
tbo duty to exercise it. 11 e are bound
to decide for ourselves, irrespective of
any hoilv's decision; whether that do
called Legislaturo that elected Pinch
back wns tho real Legislature, the law-
lul ticncral Assembly ol the Stato of
Louisiana. In that inquiry no human
power can control our own judgment;
no human authority is authorized to
ntertore with the exercise ol our own
iidgmcnt. Wo must decide it fr tho
Constitution compels us to do so by
making us the sole judgo of that ques
tion. Therefore, il is all useloss to talk
about theso decisions, even if they
wcrcdocisions ol courts that stood with
their ermine unspotted, their learning
undoubted, their firmness nnd courage
ndunnted ; lor even then wo would
havo to say, "Whilo we respect your
opinion and appreciate your characters,
wo must dccido lor ourselves. . Hut
when the- come from such a conrt ns
that which pronounced them, il is use
less to talk uboat their having even
the licrsuusivo force that even tho
opinion ol a good inun, though unlet
tered, would have upon it Jtnlgc in de
ciding a cnusi'.
M P. President, in conclusion I have
only onco more lo repeat that thcro
Is (nil one question In this case
and that is, Wus tho body lhat elected
Pinchback tho lawful Legislaturo of
louisiania? ft it was not, no mnttcr
subsequent can make il the lawOil
Legislature, ll ft was not, no ratifi
cation can go back and make it ah
Hifio lawful, nollint wenre nnrrmved
down to that ono single question. ,
.Now, 1 say onco moro that It tilling-1
2 circumstances have not changed i
legal opinions ; it the assertion ot th
Senator from Indians iu his appeal to
you, Republican Senators, that you are j
called to volo between a Republican
and u Democrat ns if you wero silting
hero as electors of a Senator instead of,
judges to decide whether a Henator has j
ut-tni ,-ivi itti n mi,! viiiisiuuiniioii n , incu cvorvihig ill tho world to pro
to havo no weight, if yon will stand !Todt id; suhl-or ad widter id is all tho
by your consciences ol three years ago, m,0, l brealho through by bouth frob
if you will stantl by your consciences Juduary lo Deccbhcr, frob tho begidig
which induced you to voto for the do Iho edd of tho year. I'ro tried
Carpenter bill, then 1 promise yon that 0VCry systcb ol hcdieid, bud id wasnll
thero will bo a rmnlt consistent with i,l vni.l All Ithte. or ina l. ..i
justice, consistent with troth, consist-!
cnt with tho dignity und charoctor nfi
tbo Sonuto, and of good import for nil
umo to come.
TIIK MODKns YOL'A'O MAX.
The modern young man is often
moro nice than wise. Ho has more
sensibility than sense, and rtftt n with
somo ability he has still greater plans.
ibilitv. Ilrookiiiu? looso from all
Hroukiiig looso from all ro-
strnint, ho run tho independent line.
and th fast lin, too, al the panic time,
llo goo very much ou tho principle
thai it takes "niuo tailors to make a
man," especially such an exqiiisito rs
himself,- lie ilso goo on tb principle
that "modesty i a quality that highly
adorns a woman but ruins a man." lie
grossly iierverl the proverb tiiat ' the
early bin) catches, the worm," pot
iversely ooiiiiiitnUng on it thus: "Tho
(vonR ;hrtd rtf btisinotf' to-got ni no
'curly, or He would liot tavo uueu
caught.'' Ho often joins in sillying the
well-known snug, '-wo won't go homo
till morning,", and iu his caso ft has
oven moro truth than poetry. Hotuiy
"you might as well be out of J ho world
as out of tho lashion ;" but bis fashion
will tuko him out of the world sooner
than ho dream of, .1 lo speaks in pa
tnuiiztng stylo of his piiivnta tho old
man, ami tho old won(i, and their
old-fashioned ideas of Industry nnd
evuiiuniy, aim mites un uis lliallll jro
it while you'ro young," giving as u
good illustratioo of tho saying "come
easy, go easy," and a "fool auel his mon
ey soon ported." "A birds of a
leather flock together," he irrfbnnd in
tho company of fust young men and
gay young ladies, whoso udvico, like
Ri-hoboain, ho prefer to that of the
old fogies, who were tho old cronies ot
his parents. 11c is soon a well known
by his company jia by his conduct. Ho
lUlil'B gtvui. ll'iviusb III LIIU lUtebb 1UC'
as i u,n.c'. buse-l-all, mgilistic und hoi-sc-
lllglllS
ell as
i "'K m'"i wen us in me inirst,
(dime novel ; l.ut n sermon, leeiureor
W' II.V illlcl! '' l'ltll ul jet I is Ul
In j ''''ided it -Inhv." lie in: go to
nuTcii ns ft m.tiler t-l la-hhtit i,ui s
to tun pent ii. .line jroiii in linalloc.
lie is fond of iliiiiciog his feet being,
full ns light as his head. He, pluys
catils at tiist fur luulime, afterward Ibr
profit, and tinully with great loss of
money, morals and reputation. Ho
likes a horse-race, being an illustration
of his own brcak-ncck race to ruin.
The sidewalk in duo time is too nar
row, and tbo street hardly wido
enough for hia deviona locomotion. If
a lawyer he practices at too many bars;
ii a iioccor nl) tuKcs loo uiueu lltjuui ai
incdicino himscllj nnd proscribes loo
much for others, if a tailor, ho takes
more "fit" Ibuu ho makes; if a shoe
maker, ho too often makes tho shoe for
tho wrong foot; if a sign painter, he
shows the worst sample of his work in
his own luce ; and if ho has no useful
occupation, and parts bis hair in tho
middle, he joins u fashionable "social
club," here ho learns to play curds,
chow und smoke tobacco genteelly, and
discuss tho points ot admiration and
weaknesscsof his femalu acquaintances.
If bo should" tako to fancy shooting,
ten to one ho w:ll hit tho wrong man,
which may lie himself. If he should
got murrivd, it is nt once understood
thai two fools have met, and it may
not bo long until they huvo parted hy
mutual consent or in mutual disgust,
by a timely divorce or an untimely de
cease. Hi erratic career would "point
a moral or adorn a tnlc." Should he
tako himself up and reform, however,
thoro might bo wrought in him the
mettlo of a man. AUoona Tribune. .
MAKE rillEXDS.
'1 will give you an unfailing key to
success, said an experienced man to a
young friend: "Make one new friend
every day, and retain all you make,"
three hundred and sixty-five friends
a year would certainly bo an impor
tant auxiliary to tho "productive re
sources ol an nmhilious young man
making bis way in tho world. But
then comes the question, "How are
these friends to bo made?" It will bo
easy onough lo retain n Hand onco
earned, but how can tins very excel.
lent prescription ol maktnn lriunds bo
carried out ? Thcro may bo many
wa s in which progress may bo had in
this direction, even if tho task should
not bo literally accomplished. Let us
look at tho mutter in a rational way.
To commenco with, civility is an ex-
cellonthnit with which to catch friends,
and civility is cheap. Nothing is cosier
than to keep a supply "constanlly on
nana, i uoro nro bogus article some
times attempted to bo palmed off for
the real thing, but they uro all so boso
that they aro eaMly detected. Obsequ
iousness is one, nailery nnoiuur, mocK
modesty a third, officionsncs a fourth,
add ao on. . Theso may have tho gen
uine stamp, but their spuriousness i
easily detected. Tnio civility needs
no false lights to show its points. It is
tho embodiment of Truth, tho mere
opening out of tho inner aolC Tho
art and artifices of a polished oxlorior
aro well enough ; but if thcro aro any
thing less or more than a tairoxponcut
of inward rectitude their hollownoss
cannot long escapo detection. Shake
spoaro had said, "A man may smilo,
nnd smilo, and bo a villain ;"but all
the world knows that there is a wido
differonco belwoen tho smilo of a vil- -luin
and that Of an honest man.
Courtesy, whieh is tho natural out
growth of inward gentleness, boars its
characteristics by the artless child as
by the grown man. Civility, there
fore, to bo effective in Ibis quest, must
havo the substratum of goodness. It
must bo pervading anil uniform, not
exceptional nnd fitful. Il is all very
well to lay tbo blutno ol an unreliable
and explosive temper to weak diges
tion, or that "rash humor ' inherited
from others ; but it disastrous effects
are all the sumo. Tho worst tomor
lire made subservient to a well settled
and persistent principle of right doing,
and that is the only thing which cau
be relied on.
How A Cricket Savfd a Ship. In
Southcy' "History of Hrnr.tl" be tells
how Cubeza do 1 aca was in a great
ship going to South America with 400
men nnd thirty horses ; and after they
had crossed the equator, thecommand-
er discovered there wero only llireo
casks of wntor left. Ho gavo orders
to ninko tho nearest land, and for
three days they sailed for tho coast.
A poor sick soldier who had left Cadiz,
with them, brought a grillo, or ground
cricket, wilh him, thinking its cheer-
1 ii I voice would amuse him on the long,
Irenry voyage. Hut to his great dis
appointment, the littlo insect was per
fectly quiet tho wholo , way. iho
full l til morning after the ship chang
ed her course, tho cricket, which knew
what she wns about, set up her shrill
est note. '1 ho soldier at once envo u
tt-,, nil mr In tltrt niltt.fiou 1. ..l.nx.M ..I'
;jngged nicks just uhcn'd of them.
lliu ,iot;i, Hlf, PUtfll SMW lllllll
Tho watch had been careless, and (ho
great ship in a few moments would
have been dashed on tho ledge, if this
puny creature had not scented the
land, anil (oltl them of their danger.
incu mey cruised along lor some
days, and tho cricket sung for them
every nignt, Inst ns cheerily ns it she
bad been In far off Spain, till they trot
lo their destined porl, the island ol
Catnlinu. . ,
'
Kkiicts or a (.'old. "Hy dulio is
Jodes. I ah tho most bisoruble bud
udder the slid. I ah otcnlallv catchier
Cdde, so that I devcr cad talk plaid I
old wibbed a dtmtruhs havo beed tried :
l 0 awallowed ctlough of Uieb to
droiiwd be; bud ids do use. Doling
udder heaved cad keeh by feet wnrb;
tlolbig keen bo from catchii? code."
Jones went to acrcnado his ladylove
anil after this fashion :
fub, ob, eub witb be,
Th.lioed la bealiig ;
fuh, oh eub with be,
Th. alar, are gleabig,
Ad all amud above,
It ilk bc.uly leelilg t
nooJIigtit hour are beat fur lab.
An old lady nnliounwd In f-onrt t hie
she hail no lawyer t lint God wa her
lawyer. "My ilcar madam" icplivd
iho Judge, "tit) doesn't prnctic in thi.
court.",
Biwk-knepliig may be Litight tn three.
Wrttda Never lend them.