New-York tribune., 1877-10-27
LOUISIANA'S SENATORS
TWO OF THE CONTESTANTS.
THE sTATEMENTs BY EX-GOVERNOR Krttoc.
JTDCP epopropn ~"

seats IN the henate. Senator Mitchell Inquired /, NJ
Kellogg and Judge spoiford prepared 20 tn,n..
statements Of what they wished to prove TO which r.
both replied in the affirmative. The committee
adjourned for an hour. to allow them 10 ae
They met again at half past ~ O'clock and tls -
ments Of the respective contestants were iu,,n,s,.,
read, that OF Mr. Kellogg being the first. He aav.
1, Of course, assume that 1t is not within The no
any claimant or contestant Tor seat IN the Sena,s "
waive or in any degree control tho riylts of y,
10 her duly chosen representative IN the oAs
and that tbs committee so understands IN, , se
ter. and that the committees re1nest mat
statement Of the evidence which the cnn, iI .
desire 10 present % the committee does not eht
the committee viii suffer our rcquests IN sn, as t1si
control the committee tho senate In zee, %
range which Will be given 10 this evidence 80" !" we
wthstandng that ia making thi. reply as S.al not
have just stated, yet deem IL beat 70 AVOID ali as
OF mlsappTehenslOn to this. the .D.'y
matter involved m this contest: and In orde gayeu
the appearance OF waiver on my part OF the rie',d:
Louisiana to ber representation IN The senate viii
Is entitled ~ IN virtue OF nay election, aud VI the e
To place AZ tho beginning Of ths reply tue yi.,s
take OF the law OF the contest. ""'0H
That view Il that the substantial merits o, th,.,o
whether eitler Of The two rival bodies claiming ~ ~.
elected, II the trle and lawful Legislature are 80
siycy determined under the Constitution ana isO'
the United states and OF Louisiana D. the recor lew
dence when these laws carefully supply 10 tbs
Senate; and that IN my case, a. In The .s sns
Of every other member OF the SeBae When eso,,,s s
OF disorders IN te state have not deprived e
tue Senate OF this, the best aud the conclusive
both Of the existence OF the lawful Legislature and % -
elections TO the senate OF the United states m j. 80,
lawful Tor the Senate Oi the United states 10 pss. by 80
highest and conclusive evidence 80 sugpiei -, ~
tae purpose OF trying In the Sc. ate No ,yr ~
elected to the Legislature This thng h c"ngIoS Soio
tue states themselves 10 Dc determined through fbs
returning officers III tne INST Instance and t,,-o
to b. determined by the houses OF tne IeQ-,tnrs s
organized by those who nOd the prnia face eyidepcs y
Tie nght 10 compose such houses. By such a LectsIs
tire, 50 cOncusyely made the awfu H. gl.atre NJ t6
STATE. was on tbs 10th day Of January last dur eec
" tie SeAte ana TIE rccOrdcydence OF that eeo.oa
enumerated ID my letter to the committee OF tue "a
inst 10 tnis enumeration beg leave to refer s con
tanning statement Oi what deem the only cOmue,eat
ana conclusive cVOence IN tins case, aud which est
nshcs my Title to The scat, both had pra iacle O I.s
substantial merits.
II, however, the committee should hold that this v
OF In6 II not The true one, ana Ina the duty of the o,
mlttee, elthe OWING TO the violence dnd reyOuOnaryg
orders, which asslled the Government Of the -af -,
from any Otner cause, requires the committee 10 20 ma
matters oenind ,AIs recOrdeyidence, showing he as
hcao 0f ny election ana OF tie legislature Wnlch u.Ge m
then shall ask the committee 10 sO % the botte =
THINGS. snail ASK the committee % investigate ana de-
cde who were entitled 10 compose the Legislature and
Executive OF LOUl7an as determined by the election of
1916. altei eliminating from mat election aud It's return.
all the consequences Of those offences agiust A re nd
pure election, which prohibited By the COusffutin
anu LAWS VI LDlls1ud / add below .ue most g.uf IA.
statement as To LAT evidence viii ask b c,rniii,
10 take M the event II SHALL deternue taat the d.ci.
sion OF tins case upon Hs substantial merit.
requires tie committee 10 decide those qGcs.
lions which are made by the Constitution
aud laws o Louisiana TO DE determnaDle in the st IA
stance alone by tile returning officers Oi Louisiana and
winch are composed oI those ana those only wLo ars
found entitled 10 seats therein by certificate. OF tie
returning Vices oi tne state Ia te event Oi the
iitoe adoption OI mat range oi inquiry just stated
shali ask the committee ~ investigate aud epOrI gl0l
the folio wing matters:
Ex-Governor kellogg then specified the unlawful
ana revolutionary acts used to prevent the Legislature
which elected him getting quOrdn aud 10 organize $40
Nichols Government ana deprive tie Packard GOV.
ernment OF It's powers; also the intimidation voters ia
the election and the action Of tie Returning Board under
the laws OF Louisiana. He also asked tHat he testimony
taken by the Howe Committee De- used
Mr. cpOhOrd N his statement says, protesting that no
evidence beyond his credentials aud the historical facts
" which the senate viii take Judicial notice is reqael
or should be demanded and in obedience 10 the orders
and resolutions OF the committee. ne respectfully pro
poses 10 prove:
FrSt-That by the actual returns collected by he
Prsu supervisors O heSi,tfatOn gon tneI appoihers,
tne Commissioners of ectioDs showing La votes ac-
ualy III tne baotooXes at the close OF o., election N
louisiana, on the Ith dhy OF November 1875. n apyeafs
la. enough OF the senators and Re lrrst ntatycs re-
3e,ed into tie Packard H. aurr upon The certificate
Il the sOcaled Returning Board we're defeated 40 Tue
polls 20 snow that there never from sr % ls.a
luoun Of elected members IA either branch oi The Leg
Seeoad-That VIII Steven, the boldng-over senator,
lduciug the Nichols LEGISLATURE Cap gred and
taken Nv dunss asdinst his protest .ltJ tie Packard
senate Chamber on Tie Is day OF January, l,77,aB
%. there Dl dulcss aui against ls protest f refusing
o par,lcp.fe in their action and rcpllatius their au.
hOry Senaiel just Tor the purpose Of swearing ~ as
that pretended senate Mesr, Baker aud keso,
vino mad NOT only been defeated al t9 polls a. candidates
Board ana these competitors actually elected and
ldmited 90 Dc by the Returning Board. and sat as
members from their respective senatorial districts ii
he AichOlls's senate throughout IT, scsOu and thaI
here was contest aud no notice ocJntest 0'eF tAei
eats buL the seating OF MessIs Baker and hcsO Sas
ntroly unlawful, lneXcustDle, ana Oi no eHecL
In continuing has statement, Judge SpOfOrd says that
bo actual returns showed majority Of the votes eeIG
lily cast throughout the state OF about 5000 Tor Neh-
Ds and Wiltz. In conclusion, the statement char-os
he Returning Board with changing the result OF Ihe
lection in De Soto Parish by the suppression Of votes
Ia his supplemental statement, Governor Ke.ogs ays
hat ne denies, generally and specifically, the material
yerments OF Judge spodord and asks that IN the event
he committee shall decide to take testimony in regard
o who ere duly elected members Of the Legislature Of
oui,ana such nyes CATION shall be made through amin
bedence to the designs OF the election laws ol Louani
nd that it shall decide who elected, after exclude
NJ from the election returns such polls a. the election
Avs Of Louisiana dcs sned should be excluded aud 10
states further that if such exclusions are made as s'
equred by the designs OF The law 1t vii. DO loGhd ta
he action OF the Returning Board In certifying tAe ee
on OF members Of the senate and House as they 1ia'
was justified by the evidence and the law III the case
judge sponord, in ais supplemental statement 'ays;
The van,nass Of the statements Of Governor KeloEg
a. TO what ne desires to prove renders t npOs'De M
NE to specify what shall desire to adduce IN reg9a Az
ue that Is the desire OF Governor kellogg ana OF ~.
,nmmittce, as n certainly j. mine, that this ma,N
,bouId De determined speedily, certainly within lev
weeks As the specific document referred 10 Dy uoyd
kellogg his letter 10 the committee of the "a ns.
hall desire to prove that the act creating tue supe
iyil Court Tell thFOugh-an utter abOfHOn. mat adp
equre auy repeal, because IL never went INTO Nltl e
hat protesting abolish the sixth District Court Ne
)reans IL never did abolish IT, but that the court hs eo
nued and still suDSlss IN the iull exercise OF u ys
Iclion hough there has been no law reNyin, ~ a
be deemed proper material 10 30 INTO the eess ~
whose horizon = boundess h1Ssb ba M
ienite delay ana prOAteas wrangns, the Ghlet,is.a
suggests that itwOud not be prOpertO inlt
ae testimony taken by the House Committee, Out
testimony taken by the Morrison Committee oi .ne isI
,bould IN common fairness 10 the other SD. pe A.
,onsderation OF course. the Journals ana acss ~ & A
,emby OF the NichOss Legislature, as pihso ,Sf. -.
Inss yy authority can be referred 10, AID ,Ae uIua ~
ANNALS OF the Packard Legislature may DC tcieffV1"
~ either party. .. ,sS