The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-11-29

ate had no power to act In the organiza
lion Of the Senate. he Il mot one Of III,
representatives Of sovereign State, anC
when the proper time comes he (Eaton
would be glad 10 argue the matter. I'll
would go farther, and say that, II any
man should get seal in the Senate b
action Of the Vice President, II he Eaton
lived in 1879, he would ask that the chaiI
illed by such person be declared vacant
In his opinion, such action on the par
Of the Vice President would be 4 viola
lion Of the Constitution Of the United
States.
Mr.. Edmunds-The Constitution mot
withstanding.
Mr.. Eaton to Mr.. Edmunds- My friend
Is witty and saLirical, but he will find
that this is not one sided thing Altogeth'
er before he gets through with Il.
Continuing, Mr.. Eaton said that should
the Vice President assume unto himself
the right to vote 10 4 case Of tie in seat
Ing q Senator and give the seat TO any
man, he (Eaton) should protest against
Il, and when the proper time arrived, on
the 4Lh or 9th Of March, 1879, he would
move TO fill that chair, regarding Il rs
vacant.
Mr.. Conkling said be had heard it said
that the occasion did not arise this morn.
ing when II Was necessary that the Vice
President should vote, for the reason that
The amendment had not received 4 ma.
jority Of the votes. He would like 10
know when II was tie vote was II not "a.
tai 10 the affirmative side?
Mr.. Eaton said be had Baid no such
thing.
Mr.. Allison-suppose the Vice PreAi.
dent had voted with you?
Mr.. Eaton-That's 4 supposition my
friend has no right 10 make. We learned
during the last three days that such sup.
position is not IteRable. Laughter.
Mr. Thurman said he made point oi
order for two reasons. In the first place
be wanted to call the attention Of the Sen.
ate 10 a question that might arise NJ any
time, and in the next place he did NOT
concur in the views Of some Of his friends,
TO the effect that the Vice President
might have abstAined from voting. II
that officer had right to vote, il was his
duty to vote. However, he (Thurman)
had achieved all he desired in calling the
attention Of the Senate to the matter.
But as some Of the Senators thought that
sufficient unto the day is the evil thereof,
he was quite contenled to withdraw his
chSllenge.
Vice President Wheeler said that 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. Alter
what had fallen from the Senator from
Connecticut (Eaton), he would take
the occasion to say that, as at present ad-
yised, be would exercise that right in his
discretion.
Mr.. Salisbury submitted substitute
for the resolution Of the committee, re-
citing at length various charges made by
Judge Spoford against the Returning
officers in Louisiana; the legality Of the
Legislature which elected Kellogg and
that Kellogg himself, when Governor,
joined in illegal acts with such Returning
officers, and therefore providing forIthe re-
committal 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, in support Of
bis amendment, argued that it would be
an act Of justice to one Of these contest
ants to take this testimony, that the
Senate might know the facts.
Mr.. Wadleigh said that the committee
had what seemed to II good reasons in re-
fusing the request Of Judge Spofford 10
take the testimony in regard 10 these
charges When he made such applica-
ton TO the committee, as would have led
TO further delay, and the subject had al
ready been thoroughly investigated BY
the Congressional Committee, and was
before the committee on thousands Of
pages Of testimony already taken, they
thOughtit it would be best not TO delay the
case.
Mr.. Hill said the question had much |
more important bearing than the Senator's
were inclined TO give it. II the PROPOSE.
tion OF the Senator from Delaware should
be refused, the Sanate would do great in.
justice to one OF the hecouteStants. He (Hill)
charged here, and the Senate must hear
him, and the country should hear him,
that Judge Spodord appeared before the
Committee, and in the presence OF Gov.
ernor Kellogg, and in the presence OF his
counsel made distinct charges that the
Returning Board counted in the members
Of the Packard legislature for the pur-
pose Of elecLing Kellogg TO the Senate,
and that Kellogg himself was one Of the
promoters Of the fraud; that he had &C.
cess to the Board to carry out such fraud,
aud it was carried out. Here was
charge that fraud was committed at the
instance Of Governor Kellogg, and for the
express purpose oI getting up false
legislature 10 elect him 10 the Senate;
aud this charge was made in the presence
OF Kellogg.
Mr.. Mcmillan said the sessions Of Re.
turning Boards were all attended by the
Democratic counsel and testimony on
these charges had already been taken.
Mr.. Hill said he challenged any one
who voted in Committee against taking
testimony 10 point to any testimony in
all the Louisiana Investigations hereto
fore made bearing on the points which
Judge Spoford alluded to- when he
read to the committee his fourth
charge as to the completely Of kellogg
with the Returning Board in illegal acH.
Mr.. kellogg got up TO join issue with
him, when Mr., Hoar, n member Of the
committee, objected.
Mr.. Spofiord did not make his charge
behind the door, but said be could prove
it, and 60 far as any testimony having
been taken last winter on the subject Of
this charge Judge Spoford said facts had
recently come 10 his knowledge. He
lHll) appealed to every Senator on this
aoor TO sink the partisan for a moment
and not deny the right to this contestant
10 take testimony, which no court on
the earth would refuse him. Kellogg
came here 10 claim the price
Of his fraud. He came here to ask that
the Senate would give effect to that fraud.
A committee had been appointed to ex-
anime such cases. This committee said Il
"We have taken 40 much testimony abont
Returning Boards we will take no more" /"
Mr.. Wadleigh said the Field commit.
tee took testimony on this very point
Mr.. Hill said the Field committee took
testimony in regard to the electoral vote.
That was closed and as far as he was con.
cerned It should be closed forever.
NJ fanaaall a.I.,l Il