New Orleans Republican., 1877-05-09
Tho l.nulninnn senatorr.

OF LQ0 ADMISSION Oh hOu. Wlllhm NV
Kellogg as Senator to succeed General
West, whose term expired on the fourth
of March last. The tide of partisan feel
ing which carried Mr.. Nichols into the
office of Governor of the State may not
necessarily do similar service for Judge
Spoford, recently voted for by the fusion
Legislature for United States Senator.
The question of the admission of Mr..
Kellogg rests exclusively upon the state of
facts existing at the time of his alleged
election, and these can not be affected by
any subsequent proceedings that have oc-
CURED in Louisiana If the Legislature
which elected Mr.. Kellogg vas legally
competent to choose Senator, the disor-
ganiZation of the body afterward and the
creation or evolution of another Legisla-
ture from the remnants can have nothing
whatever to do with the sufficiency of Mr..
Kellogg's title. An examination of the facts
will be of interest: When the Senate of
the Forty-fifth Congress met on the fifth
of March last, the credentials Of Mr..
Kellogg were presented, along with those
of Senator-elect Corbin, of South Caro-
lima. Objection was offered to his being
sworn in, and q motion made to refer the
credentials, which we're signed by S. b.
Packard as Governor, to the Committee
on Privileges and Elections. This motion
was carried, all the Republicans save five
voting against it, and consequently in
favor of the immediate qualification of
Mr.. Kellogg. The five Republicans who
voted with the Democrats to refer were
Messrs. Booth, Conkling, Jones of Nevada,
Morrill, and Paddock of Nebraska. Il was
very generally understood about WASH
ington thct the committee made immedi-
ate inquiry into the question and arrived
at conclusion which would have been
presented to the Senate at the extraordin-
ary session, but was prevented by circum-
stances which could not be controlled.
The statute of Louisiana provides that
q Returning Board of five persons, to be
elected by the Senate of the State, shall
have power to make the returns of all
elections, including those for Governor,
Lieutenant Governor and members of the
Legislature The board is authorized TO
canvass and count the votes for all offices,
and report their decisions to the Secretary
of State. The law further provides that
the Secretary of State shall make out and
furnish to the Clerks of the Senate and
House of Representatives list of such
persons as the Returning Board find to
have been elected to the General As
sembly, and the members thus returned,
and no others. shall be competent to Or
ganize the Senate and House of Repre-
sentatives In accordance with this law the
Clerk and Secretary organized each house
of the State Legislature on the third
day of January. By the constitution Of
Louisiana the Senate consists of thirty-six
members and the House of Representa-
tives of one hundred and twenty members.
Nineteen members constitute quorum of
the Senate and sixty-one quorum of the
House. At the time of the organization
and taking part in the proceedings were
nineteen Senators and sixty-six Represen-
tatives-a quorum of the Senate and five
more than q quorum of the House. On
the following day the Senate and House
met in joint session, as provided by the
constitution and the laws, and proceeded
to count the votes for Governor and Lieu
tenant Governor. When the roll of each
house was called there were shown to be
present twenty=one Senators-two more
than a quorum-Snd sixty-eight Repre-
septatives--seven more than a quorum.
The count of the votes showed the fol-
lowing
For Governor. votes.
,SiepLen B. Packard. ga
Francis T. AichOns.., i 90
Packards majority y,....................... 3, 426
For Lieutensnt Governor. Votes.
Q. e. Antoine. 66e
L. A. O9d
Antoine's majority. a.S7d
Declaration of the election of Messrs.
Packard and Antoine was made by the
presiding officer in due form, and entered
upon the journals of both houses. After
ward, on the tenth day of January, the
members of the two houses assembled in
JOINT convention to elect United States
Senator. The roll being called, it was
found that there we're seventeen Senators
and sixty-six Representatives present,
these comprising majority Of all the
General Assembly Of the State. William
Pitt Kellogg was nominated, and received
| the votes of all these members, eighty.
! three in the aggregate, and was declared
by the President Of the Senate, the pre.
siding officer Of the Joint convention, tc
be elected Senator Of the United StateG
for the term Of six years, beginning on the
fourth day Of March, 1877.
These are important facts as they
transpired in Louisiana. They are Of
record, and are taken from the published
journals Of the General Assembly of the
/ State. The law Of Congress passed JULY
25, 1866, regulating the election Of Sen.
ators, provides that:
i'At twelve o'clock meridian Of the day
following that on which proceedings art
required to take place as aforesaid 9Th,
voting in each house separately. Oh,
members Of the two houses shall conven,
in joint assembly, and the journal of eacl
house shall then be read, and if the sam,
person shall have received majority o
all the votes in each house, such persor
shall be declared dnly elected Senator to
represent said State in the Congress ol
the United States; but if the same per
son shall not have received majority 0
the votes in each house, or If either hous
shall have failed to take proceedings a
required by this act, the joint assembl,
shall then proceed TO choose, by viva voc
vote of each member present, a persOl
for the purpose aforesaid, and the persol
having a majority of all the votes Of tn
seid Joint assembly, majority Of all th,
members elected to both houses beinI
present and voting. shall be declared dul,
elected
Il will be seen that in Mr.. KelloQe1'
case the letter and spirit Of the law ap
pear to have been complied with. He re
eeived majority Of all the votes cast
and there were present and voting q ma
iority OF all the members elected, wh,
held their seats by virtue Of the decision
Of the only power known 10 lhe laws 0
the State which could legally deteEmin
who were the properly elected member
l Of the C2enarai Aesemhlv. It matters NJ