The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-10-27
WASHINGTON.
The Kellogg spofford Case.
APrOlOnsed and Profilless Wransle
in Prospect,
or Which No Man Can See the
End from the Beginning.
Statemsnts by the Contestants Of the
Ground 10 be Narrowed Over.

/ " "aSHlNNlUNt SElOUtI sO,-l He SenAte
Committee on Privileges and Elections
met this morning to receive the wrilIea
statements Of Kellogg and Spofford, the
Louisiana contestants for a seat In The
Senate, each expressing himself ready.
Mr.. HoRr offered a resolution, which was
unanimously agreed to, Ihat the commit.
lee take recess in order that the con.
testants may file their statements with
the Clerk, that an opportunity may be
given each to examine the statement Of
his opponent and prepare, II desired, any
reply thereto.
The committee having reassembled, tie
statement OF Kellogg was read. lie pays:
assume that 1t is not within the power
OF any claimant or contestant for u seat
In the Senate to wave the right OF the
State to her duly chosen representatives
in the Senate, and that the committee 70
understands the matter, and the commit.
tees request for the statement of the evil
deuce, which the contestants desire pre-.
sented 10 the committee, does not lndi.
cate that the committee will sufi.r our
requests, in any degree, TO control the
committee or Senate. in regard to TIM
range, which will be given TO this evil
deuce, desire to place at the beginning
this reply Of the view which take Of the
law OF the contest. That view is that the
Substantial merits Of this contested claim
to n seat, and the Question which or
whether either Of the rival bodies claiming
to be the Legislature Of said State in Jan.
GSry last, when | was elected, is the true
and lawful Legislature, are conclusiyely
determined under the Constitution Of the
United States and of Louisiana by the re
cord and evidence which these laws care.
fully supply to the Senate, and that where
revolution or disorders In the State have
not deprived the State and Senate of tic
best and conclusive evidence, both Of the
existence Of the lawful Legislature and Of
its elections 10 the Senate. 1t ia not law.
full for the Senate to pass by this high.
eat and conclusive evidence so sup
piled, for the purpose Of trying in
the Senate who were elected in the legis.
ture. This thing is confded to the States
themselves, to be determined through
their returning officers, in the first in
stance, ,gand thereafter by the bodies Of tue
legislature duly organized. By those who
hold the prima facie evidence Of right to
compose.such houses, by such legislature so
constructively made the lawful legislature
OF the State, was, on the 10th Of Janu.
AIRY last, duly elected 10 the Senate, and Il
record evidence Of that election now in
possession Of the Committee, is the came
which is enumerated in my letter to tie
committee on the 22nd inst. To this
enumeration refer as containing state.
ment Of what deem the only complete
and conclusive evidence in the case, and
which establishes my lille TO seat, both
pTima iacie and on substantial merits. Ii,
however, the Committee should hold that
this view OF mine is not the true one and
the duty Of the Committee, either owing
10 the violence and revolutionary disor.
ders which assailed the government OF the
State, or from any other cause, requires that
tie committee will 60 into the matters be-.
hind this record Of evidence, showing the
lawfulness Of my election and Of the leg.
islature which made it; then / shall ask
the committee to 90 10 the bottom OF
things; l shall ask the committee to in.
vestigate and decide who were entitled 10
compose the legislature and who was the
executive Of Louisiana as determined BY
the election Of 1876 after eliminating
from that election and its returns ali
consequences Of those oilenses against
free and pure elections, which are pro.
hibited by the constitution and laws OF
Louisiana. / add below amost definite
statement as TO what evidence ! will ask
the committee 10 take in the event that
they shall determine the decision OF this
case on It's substantial merits, which re.
quires the committee to decide those
questions which are made by the consti.
tuition and laws of Louisiana to be de-.
terminable in the first instance alone by
the returning officers Of Louisiana, and
determinable ultimately by the two
houses Of the legislature, which are com.
posed ofthose and those only, who are
tound entitled to seats therein by certifi.
Gates Of the returning officers OF the State,
in which event Of the committees adop.
tion that range OF inquiry, just stated,
shall ask the committee 10 Investigate
and report on the following matters:
/. The violence and other revolution.
ary and unlawful acts and influences re.
sorted to either TO prevent the organiza.
tion Of the Legislature by which was
elected, to deprive either branch thereof
Of a quorum before, at the time or after
my election.
2. The violence and other revolution.
ary or unlawful acts and influences re.
sorted to deprive Of their Offices the
executive and judicial officers Of Lou.
isiana, belonging to what Is known as tho
Packard government.
3. The acts resorted TO 10 rescue the
organization Of what is known as the
Nichols legislature and the installment
and continuance in power Of the Nichols
Executive.
4. The character, extent and effect on
| the election in Louisiana in 1876 Of those
odenses against the election laws which
are enumerated in such laws, and espe.
cially in the Goth section Of the act Of
l1S72.
5. The action Of the returning officers
in making up returns Of all the persons
and officers voted for at the election Of
November, 1876, in the Stats OF Lou
isiana.
L shall also ask, In tho event that The
committee shall decide to 90 behind The
record evidence towhich l have alluded
that testimony taken by the committee oi
the Senate Of which Senator Howe was
chairman, in 1877, may be ordered by the
Senate to be used for the purpose Of such
investigation.
| Mr.. spofford in his statement says
(protesting that no evidence beyond bis
credentials and historical facts Of which
the Senate will take judicial notice is 70.
quired or should be demanded in obedi.
dtence to the orders and resolutions oi
the committse) he proposes to prove:
| /. By the actual returns collected BY
the Parish Supervisors Of Registration
from their appointees, the Commissioners
Of Election, showing the votes actually 10
the ballot boxes at the close Of the cleo.
ton in Louisiana on the 9th Of Noyem.
Der, 1876, 1t appears that enough Of The
Senator's and Representatives received
into the Packard Legislature on the Ger
ti6cate Of the so.called Returning Board
were defeated at The polls to show thal
there never was from first 10 last d quo,