The New York herald., 1875-12-07
Tho First Battle In the House or
Representatives.

Of the new House OF Representatives STUN
bled badly For time it was believed they
| would get a serious fall. The contest which
enIivened the opening hours of the session
was notonly interesting but important In
the organization Of the House the first
step is the call of the roll by the Clerk Of the
last House. When he came to the State of
Louisiana Mr.. Mcpherson explained that
four of the six members had presented to
him credentials from Governor Kellogg
andalso from Mr. McEnery; that two
members had only Governor hel-
logg's certificate /; that the seat Of one
of these, Mr.. Frank Morey was disputed
by Mr.. Spencer, who claimed it under
McEnery certificate, and that, acting under
the law passed for the guidance OF the CLERK,
he would call the names only OF those VINO
had presented Kellogg certificates. AS he
was acting clearly in the line OF his duty
nothing was said, and he ewent on reading the
roll, and, this completed, Speaker Kerr was
elected, installed, and he began to swear IN
the members, always tedious operation.
When the name of Frank Morey was called
and he advanced to take the oath, Mr.
Fernando Wood rose and quietly objected.
Whereupon Mr.. Morey stood aside, and
thus it became known that the dem
ocratic leaders had determined to
begin the session with a blunder If the
Clerk Mr.. MCPHERSON were astute poll
tician, instead of a quiet and easy going
middle aged gentleman, we should suspect
him of having set trap for Mr.. Wood, MIR.
Lamar and Mr. Cox. 1t was not necessary
that he should explain to the House the con-
dition Of the Louisiana delegation Doubtless
he thought it but fair to give notice of that
which had come to his attention, and, in any
case, he prepared pitfall into which the
democratic leaders incontinently tumbled.
When the House had been sworn in, Mr..
Wood arose and presented resolution de-
claring that, whereas Mr.. Spencer claimed a
seat under certificate from Governor
McEnery and Mr. Morey claimed the same
seat under certificate from Governor Kel-
logg, be it resolved that the House turn
over the two contestants and their certi6-
Gates to the Committee on Elections, to de-
termine by an inspection OF the certificates
which was entitled prima facie to the seat,
and, having spoken briefly of the matter, he
moved the previous question in order to
limit debate and presently gave Mr.. Blaine
ten minutes. And thus the battle opened.
1t was a brilliant little affair. Mr.. Wood
urged that as there were two certificates
it was the duty of the House to
refer them to committee, whose
,oh &c No. fxxyc
was valid. Mr.. Blaine replied that there
were not two certificates in any proper sense
of the word; that Mr.. McEnery was not in
any sense Governor of Louisiana and had
never exercised the functions of Governor;
that Mr.. Kellogg had been declared the
actual Governor by resolution of the House
at the last session; that the action Of the
House had been formally accepted by both
parties in Louisiana, and that any John
Smith might as well buy State seal for two
dollars and half and give his next friend
certificate emitting him to Mr.. Woods seat.
He suggested that the democrats, claiming to
be the friends Of State rights erred, in an act
which was wanton insult to the recognized
head of sovereign State. Mr.. Lamar,
of Mississippi, replied, asserting that all
the precedents Of the House were in favor Of
the proposed action, but did not cite an ac-
ceptable one on Mr.. Blaines demand; and
seeing by this time that the resolution Of
Mr., Wood was needlessly offensive in assuming
that McEnery is Governor equally with
Kellogg Lamar adroitly offered a substitute,
merely handing Mr.. Morey over to com
mittee, without any allusion to Spencer or
McEnery. Mr.. Wheeler, who last spring went
to New Orleans to superintend the adjust
ment known by his name, now declared, as
matter directly and positively known to him,
that one Of the terms Of that adjustment ac-
cepted by the Louisiana democrats and
under which they had received additional
members Of the Legislature, was the full
recognition Of Kellogg as acting Governor.
By this time the democratic side was in
confusion Mr. Wood had evidently begun
his mannuvre without full consultation with
the leading men Of his side and without
notice to the rank and file These strayed
into the lobbies and smoking rooms and dis
cussed, not only the resolution, but its
author also, and not always in complimentary
terms. Presently Judge Holman, Of Indiana,
wise old democrat, rose and said that, in
his opinion as Mr.. Kellogg was the ac-
knowledged and acting Governor Of LouE-
ana, whether nghtfully or not was not the
question, and as McEnery had no jurisdic-
tion, Mr.. Morey ought to be sworn in on
Kelloggs certificate. Mr.. Cox seemed
TO suggest that, as the democrats
in the last House had not favored the action
regarding Louisiana, they need not hold
themselves bound by it, and after some
further light skirmishing the vote on the
previous question was taken, and resulted
135 for and 1874 against Thus the democrats
gave way, and on the direct vote Mr. Lamars
n