The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-11-29
amendment, arguing Che vice.P1ssnents

Mr. Beck, or kentucky, sdiu IL WIS HOC
necessary. that the Vice President should
have voted today at all. lie thought be
was rather hasty in giving the vote. and,
that being so, all OF this discussion was out
OF order.
The amendment did not receive n major
ity OF votes, and therefore was LOST
Mr.. Eaton, OF Connecticut, said the action
OF the Senate some twenty-five Or thirty
minutes ago was taken without thought and
without time for examination. He had no
doubt in his mind that the President OF the
Senate had no power to act in the organiza-
ton of the Senate. He is not one OF the repre-
sentatiyes Of a sovereign State in the Sem
ate. and when the proper time came he
(Eatonl would be glad to argue this matter.
He would go further, and say that if any
man should get a seat in the Senate by the
action OF the Vice-President, il he (Mr.
Eaton) lived in 1879 he would ask that the
chair filed by such a person be. declared
vacant In his opinion such action on the
part OF the Vice-President would be yio-
lation OF the Constitution Of the United
States.
After Thurman had withdrawn his chal-
Ienge to the Vice-President'S vote Vice
President Wheeler said he had carefully
considered the question as to his right to
vote in cases where the vote Of the Senate
was equally divided, and he had no doubt
OF his right. After what had'fallen from the
Senator from Connecticut DIR. Eaton), he
would take occasion to say that, as at pres
ent advised, he would exercise that right in
his discretion.
Mr.. Salisbury submitted substitute for
the resolution of the committee, reeiting at
length various charges made by Judge Spof-
ford against the returning officers in Louis
lana, the legality OF the Legislature which
elected Kellogg, and that Mr.. Kellogg him
self, when Governor, Joined in illegal acts
with such returning officers, and therefore
providing for the recommittal OF the whole
question to the Committee ON Privileges
and Elections, with instructions to said
committee to take testimony in regard to
such charges.
Mr.. Salisbury spoke at length in favor
Of his substitute, and Mr.. Wadleigh aSainst
it.
Mr.. Hill's (of Georgia. speech in support
OF the substitute il considered the finest OF
the session. Abiding to Spotford's birth,
Mr. Hill appealed to every senator on the
floor to sink the partisan for a moment and
not deny the right to this contestant to take
testimony, which no court on earth would
refuse him.
Mr.. Kellogg came here now to claim the
price of his fraud. He came here to ask
that this Senate would give effect to that
fraud. A committee had been appointed
to examine all such cases, and this commit
tee said we have taken so Duch testimony
about returning boards that we Will take
no more.
Mr.. Wadlcigh said the Field committee
last winter took testimony on this very
point.
Dir. Hill said the Field committee took
testimony in regard to the electoral vote.
That was closed, and. so far as he was con-
cerned, should be closed forever.
Mr.. Mcdonald inquired Of the Senator
from New Hampshire (Mr. Wadleigh) il he
did not know that the members Of the LOU
isiana Returning Board refused to testify
before the House committee, and were not
summoned before the Senate committee last
winter.
Dir. Mcmillan said they were examined
by the Field committee.
Mr.. Hill resumed, and again called unon
any senator to put bis hand upon any testi-
mony already taken rs to Kelogg's conf
plicity with the Returning Board, as Judge
Spofford offered to prove.
Mr.. Mcmillan: 1t would be very difficult
to prove fact which never existed.
Mr.. Hill: Did anybody before ever hear
the Judge tell party asking leave to pre-
sent testimony, "Wby, you can't prove that
even il give YOU permission?" Address
ing Mr.. Mcmillan, he said, How do you
know in never occurred? Were you there
| [Laughtcr.]
Mr.. McsIilan was there for a long
| time.
Mr.. Hill: Well, did not know that be-
fore We will investigate you. Renewed
| laughter.
Continuing his remarks, he said: Sen
| ators should not sit as judges to decide the
rights between parties and say they would
not let them take proof. Mr.. Kellogg did
not pretend to have Legislature except
by the action of that Returning Board. lie
admitted that three OF the members OF the
State Senate returned as elected by that
Board were not elected by the people. Ii
this should be proved was he fit Tor seat
In this body? Would senators say that the
Governor Of a State might collide with a
Returning Board to elect himself to the
Senate? Would they seat such man in
this body? So certain was the committee
at first that it would have to take testimony
that the chairman applied to the Senate and
got authority to do so; and when. the COM
mittce got the parties to join issue it refused
to take testimony. II Governor Kellogg
should be convicted Of these charges it
would not only close the Senate to him, but
you'd open the penitentiary to him. The
cases were referred to the committee for the
purpose OF inqnirinS into all the facts. lie
did not want to re0pcn the question or the
Electoral Commission. He didnot want one
particle OF testimony on that subject, but be
4 4 T,IIr Srn nrIt hoH. q n
tunity to prove that Kellogg aided in count
inc in three senators and ten members Of the
House of Delegates who were not elected
for the express purpose OF making him sem
ator. The Legislature which elected him
never did single act for which they
claimed vitality except the election OF
Kellogg. 1t had disbanded and gone.
But oh, said his friends on the other
side OF the chamber, it was Legislature
that elected Kellogg. This whole fraud
was concocted by Governor Kellogg for the
purpose of transporting him to the Senate
that he might misrepreSent the people OF
Louisiana for six years. Why don't the
Senate take the man in with the charge
ringing in their ears that he was the author
of the fraud which sent him here? Would
the Senate take the statement OF the Senator
from Minnesota that this fraud was not
true, because it could not he true? 1t was
the first time that he ever heard that man
like Kellogg could not commit fraud
Should the Senate do this wrong it would
be one for which there was no COM
pensation, and for which there was no
excuse. He wished, il he could, to break
through this crystalized crust of party bias
and get to the sound, honest truth. Kellogg
paid the price of Louisiana, and comes here
now to ask the Senate to give him his re-
ward. All this haste in Kellogg's case was
never made in the committee until after