The Portland daily press., 1877-11-29
Senatorial Struggle.
Republicans Succeed in
Giving Precedence i'm
KellOgg's Case.

solved" and insert "that NJ. G. Butler be noao
sworn in as senator from South Carolina
Mr.. Edmunds said he did not want time
used unnecessarily, and therefore be suggested
logg on Friday next at o'clock p M, and on
the admission of Butler Saturday at O'Clock.
daughter on the Democratic side.)
Mr.. Thurman then appealed from the de-
cisioD. and the yeas and nays being called, the
Vice President was sustained. 20 TO %, Mr..
negative, and Mr.. Conoyer voting with the Re-
publicans. Mr.. Davis of Illinois did not vote
when his name was called.
The question then being whether the Senate
should proceed to consideration OF the resolu-
ton reported by the committee on elections,
declaring Kellogg entitled to a seat as senator
from Louisiana, the vote resulted 20 to 20, and
the Vice President voted in the affirmative.
and the resolution was taken up. Mr. Conover
voted with the Republicans and Messrs. Pat
terson and Davis with the Democrats
After it was decided to take up the Kellogg
case quite lengthy debate sprung up between
Messrs. Wadlegh, Hill, Hoar, Salisbury aud
Mcmillan as to the status of the case of Mr..
Eustis claiming seat in the Senate from Lou
isiana for the term ending March 4th, 1879.
The Democratic members argued that his case
might have been reported before this time, and
the Republicans claimed that it would have
been reported on if the committee on elections
had not been prevented from meeting yester-
day, through the continuous session of the SEN
ate.
The vote On Mr.. Thurnan's amendment to
the resolution to seat Kellogg SO as to swear in
Butler' resulted yeas 81, nays 81, Davis and
Patterson voting with the Democrats and Con-
over with the Republicans.
The Vice President gave the deciding vote
aud declared the amendment lost
Mr. Thurman rose to point of order and
challenged the right of the Vice President to
vote on this matter, as the question was one
affecting the organization of the Senate and it
was not question where the provision of the
constitution that the Vice President had q de-
Gliding vote in case Of a tie, applied.
After some debate Mr.. Thurman Withdrew
his challenge CT the right of the Vice Pres-
dent.
Mr.. Salisbury then submitted an amend
ment to recommit the Kellogg-Spofford case to
the committee on privileges and elections with
instructions to take testimony as tosthe various
charges.
Messrs. Salisbury and Hill addressed the
Senate in support of the amendment.
Mr.. Salisbury n support Of bis amendment
argued that it would be an act of justice to
one of these contestants TO take this testmo-
ny that the Senate might know all the facts.
Mr.. Wadleigh said the committee had what
seemed to it good reasons for refusing the re-
quest of Mr. Spofford to take testimony in re-
gard to these charges when he made such ap-
pcaton to the committee as it would have
ready been thoroughly investigated by con-
gressonal committees and was before the COM
mttee on thousands of pages of testimony al
ready taken. Therefore they thought best not
to delav the case.
Mr. Hill said this question had much more
important bearing than senators inclined to
give it. If the proposition of the senator from
Delaware should be refused the Senate would
do great injustice to one of the contestants
He (HilD charged here and the Senate must
hoo T. o,.1 ., eI0 L.
that Judge Spofford appeared before the COM
m tee and in the presence of his counsel
made distinct charges that the Returniog
Board counted in the members of the Packard
legislature for the purpose OF electing Kellogg
to the Senate and that Kellogg himself was
one of the promoters of the fraud that be had
access to the board to carry out such fraud and
it was carried out Here was a charge that
fraud was committed at the instance of Gov.
Kellogg and for the express purpose of getting
up false legislature to elect him senator, and
this charge was made in the presence Of KEEL
logg.
MIR. Mcmillan said the sessions of the Re-
turning Board were all attended by Democrat
ic counsel and the testimony on these charges
has already been taken.
Mr.. Hill said he challenged any one who
voted in the committee against taking testimo
nv to point to any testimony in all the inves-
legations heretofore made bearing upon the
points to which Judge SpoffoId alluded. When
Judge Spofford read to the committee his four
charges as TO the completely of Kellogg with
the Returning Board in illegal acts, Kellogg
got up to join the issue with him when Hoar,
a member of the committee, objected. Spot
ford did not make his charge behind the door,
but said he could prove it, and SO far as any
testimony having been taken last winter on
the subject Of this charge, Mr. Spofford said
that facts had recently come to his knowledge.
He (Hill) appealed to every senator on this
floor to sink the partisan for moment and not
deny the right to this contestant to take tsst
mony which no court on earth would refuse
him. kellogg came here now to claim tue
price of his frauds. 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 the committee said we have
taken SO much testimony about the Returning
Board and we will take no more.
Mr. Wadleizh said the Field committee took
testimony on the very point.
Mr. Hill said the Field committee took testi-
mony in regard to the electoral vote that was
closed, and so far as he was concerned it
should be closed forever
Mr.. Mcdonald inquired Of the Senator from
New Hampshire (Wadleigh) if he did not know
the members of the Louisiana Returning Board
refused to testify before the House committee
and were not summoned before the Senate
committee last winter
Mr.. Mcmillan said they were examined by
the Field committee.
Mr.. Hill (resuming) called upon any Senator
to put his hand upon any testimony already
taken as to Kellogg's completely with the Re-
turning Board, as Judge Spofford offered to
prove.
Mr. McMillan-It would be very difficult to
prove fact which never existed
Mr.. Hill-Did any body ever before hear
Judge tell party asking leave to present testi-
mony, "Why, you can't prove that even if 1
gave permission" Addressing Mr. Mcmillan,
he said: chow do you know it never occurred,
were you down there?' (Laughter.)
Mr.. McMlllan-I was Ghere for a very long
time.
Mr.. Hil-Well, did not know that before.
We will investigate you. (Renewed laughter.)
tors should not sit as judges to decide the rights
between the parties and say they would not
let them take proof. Kellogg did net pretend
to have a Legislature except by action of that
Board. He admitted that three members of
the state Senate returned as elected BY that
board were not elected by the people. If this
should be proved was he entitled to a seat in
this body? Would Senators cay that Cover
Dor of state might collide with Returning
Board to elect himself the Senate? Would
they seat such man in this body? So the
claim was of the committee at FIRST that it
would have to take testimony, that the chair
man applied to the Senate and got authority to
do so, and when the committee got the parties
to join the issue it refused to take testimony. If
Kellogg should be convicted of these charges it
would not only close the Senate to him, but
would open the peuitentiary to him The cases
were referred to the committee for the purpose
of inquiring into all the facts. He did not
want to open the question of electoral counts
He did not want one particle of testin ony on
that subject, but be did want Judge Spofford to
have an opportunity to prove that Kellogg aid
ed in counting in three Senators and ten mem
bers of the House of delegates, who were elect
ed for the express purpose of making him Sen
ator.
Conkling moved that the Senate take recess
till o'clock.
Mr.. Patterson moved that the Senate adjourn
which was agreed to, yeas 20, nays &c, Messrs.
Davis, Conover and Patterson voting with the
Democrats in the affirmative, and the Senate
then adjourned till - o'clock tomorrow.