The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-11-29


would be glad TO argue the mstter. He
would 60 further and say if any man
should get u seat in the Senate BY the &C
tion Of the Vice President, if he Eaton |
lives IN 1879, Re would ask tlat the
chair filled by such person be declared
vacant. IL his opinion such action on
the part OF the Vlce-P President would be
q violation OF the Constitution Of the
United States.
Mr.. Edmunds the Cor stitution not.
withstanding.
Mr. Eston to Mr.. Edmunds-My
friend is witty and satirical, but he will
find that this is not Oue-sided thing
altogether before he gets through with it.
Mr.. Eaton ssld, should the Vice Presi.
dent assume unto himself the right to
vote in the case OF tie, in seating Sem
stor, and give Il seat TO any man, he
Eaton] should protest against it,
and when the time arrived on the
All or 9th of March, 1879, ne
would move to I'LL that chair,
regarding 1t IS vacant.
Mr.. ConkIing said he had heard 1t
morning, when it was necessary, that the
Vice President should vote, Tor the res-
son that the amendment had not re-
ceived majority OF the votes, and there
fore tell He would like 10 know when
It WAS tie vote If 1t was not fatal 10 the
aft irmative side
Mr.. E.ton said he had said no such
thing.
MT. Al!ison-Suppose the Vice Presi-
dent had voted with you?
MIR. Eaton-Thst Is a supposi:ion that
my friend hes DO right to make. We
learned, during the last three days, that
supposition Is not tenable. Laughter
Alr. Thurman said he made the po.nt
of order Tor two reasons. In the htst
place he wanted to call the attention OF
the Senste to the question which might
arise a. any time snd the next place he
did not concur in the views Of some Of
his friends to the effect that tbs Vice
President might abstain from voting.
If that officer mad right to vote 1T was
his duty TO vote. However, he Thur
mai had achieved all he desired In
calling the attention OF the Senate to the
ma't.F, bu. SIS some Senators thought Lhat
suth sient unto the Days the evil thereof,
be was quite contented to Withdraw his
challenge.
Vice President Wheeler said that he
had carefully considered the question rs
to his right TO vote in cases where the
vote of the Senate wss equslly divided
and he had no doubt of his right after
what had fallen from the Senator from
Connecticut [ Eatonl. de would take
OCCASION to say that. as at present sd-
vlsed, nc would exercise that right in
his discretion.
Mr.. Salisbury submitted substitute
for the resolution OF the committee, re-
citing ut length the various charges made
by Judge Spodord against the returning
officers in Louisiana, tue legality OF the
legislature which elected ku logg, and
that Kellogg himself, when Governor,
Joined IN iilegRi scts with such returning
officers, and, therefore, providing for the
recommit.al Of the whole question to the
Committee on Privileges and Elections,
with instructions To said committee TO
take testimony in gard TO such charges.
Mr.. Salisbury, in support OF his
amendment, argued that it would be an
act OF justice to 10 one OF the contestants
10 take this testimony that the Senate
might know the facts.
Mr.. Wadlcigh said the committee had
what seemed to it good reasons for re-
lusing the request ol Mr. Spohord to
take testimony in regard to these charges
when be made such application 20 the
committee, ,as 1t would nave led to further
delay, and the subject had already been
thoroughly investigated Oy the Congres-
sional committee, and was before the
committee in thousands OF pages ol sestI
moLy already taken, and they thought 1t
best not 10 delay the case.
Mr.. Hill sand the question hsd much
more important bearing than tire Sens-
tors we're inclined TO give it. Il the
proposition OF the Senator from Della
ware should be refused the Senate would
do great injustice to one OF the con-
testsnts. He Hill charged here, and
the Senate must near him and the
country should hear him, that Judge
Spotiord appeared before the committee,
and IN the presence OF Governor Kellogg
and in the presence OF MS council, made
distinct charges that tho Returning
Board counted In members OF the Pack
ard Lauislsture for the purpose OF elect
ing Kellogg to the Senate, and Kellogg
was nlmsel! one Of the promoters ol the
fraud. He had access 10 tue board 10
carry out such fraud, and 1t WAS carried
out. Here was charge that iradd Was
committed at the instance OF Gov. hal-
logg and for the express purpose OF get
ting up false Legislature to elect him
to the Senate, and this charge WAS made
in the presence Of Mr.. Kellogg
Mr.. Mcmillan said the sessions Of
the returning board wero a.! st.euded by
Democratic counsel. and the .esLlmor :
on these charges had already been taken.
Mr.. Hill SAID he challenged any one
who voted IN committee against taking
testimony to point TO any testimony 10
ell the Louisiana Investigations bereto-
fore made bearing on points when
Judge Spotford alluded 70. When Judge
Spottord read to the committee his
fourth charge as to the completely q
Kellogg with the returning board in IL
legal acts, Kellogg got up to join issue
with him, when Mr. Hosr, member Of
the committee, objected. Mr.. SPoford
did not make his charge behind the
door, but said be could prove it, and so
far 81 any testimony having been taken
last winter on the subject o! this charge,
Judge SpofJrd said tnst facts had re-
Gently come to hi: knowledge He lHIlD
appealed to every Senator on this f)or u
sink the partisan for moment and not
deny the right 10 this contestant
TO take testimony which no court on
earth would refuse hin. Kellogg came
here to clsim the price Of his fraud; be
came here 20 ask that the Senate give ei-
feet to tnst fraud. a committee mad
been appointed - examine such cases ss
tins. The committee said: We have
tsken 80 much testimony about the re-
turning boards thst We will take no
more.
Mr.. Wsdieigh ssid that the Field
Committee took testimony on inst very