200 



CONGRESS, UNITED STATES. 



State, and now it is Mid that we cannot look 

 at that fact ; now it b said that we can take 

 no oogniunoe of the fact tlmt that Legislature 

 had its origin in the usurpation of a judge 

 and the employment of military force ; now it 

 it said that we cannot look through this 

 flimsy veil that ia thrown over this body to 

 aacertain the real fact* of the case, but tlmt, 

 beoaoae the Supreme Court of Louisiana has 

 seen fit to recognize that body as the Legisla- 

 ture, therefore our mouths are closed and our 

 eyes are shut to the truth of the case. Sir, 

 that will not do at all. A body, calling itself 

 the Legislature, that has its origin' in usurpa- 

 tiun and violence wholly unknown to our 

 Constitution, that was set up by fraud, by 

 usurpation, and by force, cannot be recognized 

 by the Senate of the United States as a legiti- 

 mate Legislature. 



'I think, therefore, that the true solution 

 of this matter is to recognize McKnery as the 

 Governor of that State. If that should bo 

 done, then I think we shall have peace there 

 in a very short time, and a legal government 

 there in a very short time. Then the Presi- 

 dent of the United States, I have no doubt, 

 will do what will then be plainly his duty to 

 do, recognize the same individual, for every one 

 most admit that the President is bound by the 

 recognition of Congress. If Congress shall 

 recognize McEnery as the Governor of that 

 State, the President is bound to recognize him, 

 too. The President had a right us a matter 

 of course to decide in the first instance, before 

 Congress had spoken. I have said so hereto- 

 fore, and I repeat it ; but his decision is in no 

 degree binding on us, while our decision is 

 binding on him. Sir, recognize this man, who 

 had the majority according to the legal returns 

 of the election, as the Governor of the State, 

 and then the President can recognize him, and 

 then all will go well." 



Mr. Lugmi. of Illinois, said : " The Senator's 

 argument seems to proceed upon the idea that 

 the McEnery returns were legal except some 

 informality in canvassing them, and on that 

 ground he claims the right of recognition of 

 the McEnery government. I merely wish to 

 state one fact so that we may not fall into error 

 in this discussion. I have not talked with 

 members of the committee, but I do not sup- 

 pose there is one of them who recognizes 

 those returns as legal returns. A portion of 

 those returns were examined by the committee, 

 and it was stated by a gentleman of higli char- 

 acter respecting one side of this case, and it 

 was acknowledged and admitted right 

 that they were forgeries. Therefore, I do not 

 with to have the Senate or the country led 

 into the belief that the only doubt about the 

 McEnery returns was the informality in tip- 

 counting of the votes, because that is not the 

 fact. The fact is that a portion of the return* 

 w abnlute forgeries. The returns from 

 some six or eight parUhM were presented to 

 as by Senator Ray, calling the attention of the 



committee to the fact that the returns were 

 made out in one handwriting; whole lists of 

 names, the figures, the certificates of the judges 

 of election, the oath of the judges, and every 

 thing connected with them were in the same 

 handwriting. They were exhibited to the 

 committee, and no one of the committee who 

 examined the returns will deny this fact." 



Mr. Morton : " Allow me to call the atten- 

 tion of the Senator to the further fact that 

 there was evidence before the committee to 

 show that the returns from two parishes dis- 

 tant from New Orleans a long way were made 

 out in New Orleans." 



Mr. Logan: "That is true. The reason 

 why I make this suggestion at this time is in 

 order to justify the reasoning of the majority 

 of the committee. We came to the conclusion 

 that both elections were fraudulent, but that 

 there was primn, facie more evidence of fraud 

 on that side than the other; but when wo ar- 

 gued and tried to come to a conclusion as to 

 the right of either party upon the ground that 

 either one could come in without fraud, wo 

 found that to be a fallacy, because the evi- 

 dence clearly shows and was exhibited to every 

 one there that many of these returns, at least 

 six of them, were absolute forgeries." 



Mr. Thurman : " This is the first time I ever 

 heard of the fact. I am obliged to my friend 

 for mentioning it." 



Mr. Logan : " I merely stated it so that we 

 may have it before us in this discussion." 



Mr. Thunnan : " It was very pertinent for 

 my friend to call my attention to it. It is a 

 very pertinent matter, indeed, and if rejecting 

 those forged returns McEnery has not a ma- 

 jority of the votes, then I cannot vote to re<v>^- 

 nize him as Governor, but I underntood the. 

 fact to be acknowledged that upon the legal 

 returns, those about which there could be no 

 controversy, he had the majority. If I am in 

 error about that, the Senator will correct me. 

 I will yield the floor. I have said all that I 

 desire to say." 



Mr. Trumbull: "I shall only occnpy it a 

 moment." 



Mr. Thnrman : " I do not wish it to ho con- 

 sidered that the Senator is occupying my time. 

 I yield the floor ; I have said all that I desire 

 to say now." 



Mr. Trumbnll: "The De Feriot board in 

 counting the returns of the Legislature said : 



We. the nnderxienecl returning officers, pursuant 

 to authority vested in us by act No. 98, of 1x72, ap- 

 proved November 20, 1879, do hereby certify that 

 tin- t'oivirriine is a true and correct compilation of the 

 statement* nf votes oast at an I'li-ctimi fur represent- 

 atives to the Oeneral Assembly, held in the several 

 parishes of the State of Louisiana on the 4th .!:iy nf 

 November. 18T2, us made hy the supervisors of regis- 

 tration of the said parishen, and we hereby declare 

 that the following-named persons were duly and law- 

 fully elected to represent their respective districts, 

 to wit : 



"They go on then and nnme the persons 

 elected from the different districts." 



