The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-11-29
AWEATHERCOCK. A
Conover Takes Another
TurnOver--He is False
to Butler.
David Davis Acts Oueerly
"A Great Question
Raised.
A Spirited Debate, After
Which Conover Flops
Over Again.
WASHINGTON, November 28.
SENATE.

| Committee on Privileges and Elections,
moved to proceed to the consideration OF
the resolution reported by that commit
tee for the admission of Kellogg as Sen.
stor from Louisiana.
Mr.. Thurman objected, and read the
eighth rule, which provides that no bill,
report of committee CT other subject
upon the calendar shall be proceeded
with In the morning hour unless by
| unanimous consent.
A long discussion in regard to the
rules ensued, which was participated III
by Messrs. Ednunds, Thurman, Wad-
leigh, Wallace and others.
Finally the Vice President decided
that the subject was d question OF the
highest privilege and could be- considered
in the morning hour, Notwithstanding
the objections.
Mr. Thurman appealed from the de-
cision.
The yeas and nays being called the
decision was sustained: Yeas 29, nays
2S.
Patterson voted with the Democrats IN
the negative and Conover with the Re-
publcsns il the affirmative. Davis OF
Illinois did not vote when his name was
called.
The question then being whether the
Senate would proceed to the conslders.
ton of the resolution reported by the
Committee on Privileges and Elections,
declaring Kellogg entitled to seat as
Senator from Louisiana, the vote resulted
yeas 20, nays 30 The Vice-Presidcnt
voted in the affirmative and the resolu
tion WAS taken up. Mr. Conover voted
with the Republicans, in the atirmatiyei
Patterson and Davis, OF Illinois, with the
Democrats, in the negative.
Mr.. Thurman then moved to ameni
the resolution by striking out all alter
the word "resolVed" ana insert the fol-
lowing: "Thst Nj. Z. Butler be low
sworn in as Senator from South Carolina
Mr.. Edmunds said he did not want
The time used unnecessarily. and there
| fore suggested that the vote be taken on
| the admission OF Kellogg on Friday next,
and on the admission OF Butler Saturday
at one o'clock. Laughter on the D'mo.
| cratic side.
Alter 1t was decided 20 take up the
Kellogg case another debate sprung up
between Messrs Wsdlelgh, Hill, Hoar,
Salisbury and McMillan-aH members
of the Committee on Privileges and
| ElecuCns-as TO the status OF the case OF
! Eustis, claiming seat rs Senator rom
Louisiana for the term ending March D.,
1879, the Democrats arguing that his
case must have been reported before TINS
time. and the Republicans claiming that
It would have been already reported bad
not the committee been prevented from
meeting yesterday by the continuous sos
sion o, the Senate.
The vote on Thurmau's amendment
to swear in Butler, resulted yeas, 81 /;
nays, 81; Davis Of LIMOS, and Patterson
voting with the Democrats in the at
drmstive, and ConoVer with the KePuo'
! lcaus IN the negative.
The Vice President gave the deciding
vote, and declared the amendment lost.
MIR. Thurman then arose to point
of order, and challenged this right OF
the Vice President TO vote OR this
matter, rs the question WAS one affect
ing the organization of the Senate, aud
not question where IN the provision OF
| the Constitution, "that tho Wee Presl-
dent hs1 the deciding vote IN case oil &
tie, applied.
mir. Edmunds-To such e1tremltles
| have we come at last.
Mr. Thurman SAID that If It were a ci-
rect vote on the question OF seating Nr.
! Butler, instead OF vote oa an amend
ment to another resolution, he was quite
sure the Vice President would not have
the right TO vote IL case ot tie. IGis
was very interesting question. lie SUP
United that the provision OF tie did not
apply TO the sesting OF Senators. The
other provision OF the Constitution, that
each House shall be the judge o. the cleo
ton and qualification OF rs own mem-
bers, lett this matter entirely
in the hands of the Senate Tie ques-
ton must be decided by the Senate Hseit,
and the Vice President could not vote IN
case of tie. The Vice President was
not part of the Senate, but simply the
presiding officer. He was not elected
Senator
MIR. Edmunds said that If the whole OF
this stE.ir wss not somewhat eXtraordI-
narv. this latter move would cap the
climax. However, 1t was IN keeping
with the whole affair, so nothing could
be said on that point. The Constitution
provided, without limitation or qusllhcs-
tion, that the Vice President should have
the casting vote. 1t was desirable Tor
this occasion, however, to impsrt some
oushfcatIon IN or limitation, and thst was
tbst esch House shall be the judge OF the
election and Qualifications OF It's own
members. The Constitution provided
that the Vice President should be Presl
dent Of the Senate, and being President
OF the BODY he therefore belonged ~ IT,
II the proposition OF the Senstor from
Ohio be true, the Vice President could
have no vote on the bill or anything
else. The Senate, as one OF the houses OF
Congress, must agree TO the bill passed
by the House OF Representatives before
il becomes law. II the Vice President
could not vote in the case of s tie in mat.
ters pertaining to organization, then, oy
the same sign exactly, he would have nc
vote on the bill il case OF 8 tie, as it re-
ouired the action Of the House of Repre-.
sentatives upon il, also.
Mr.. Beck said it was no! necessary
that the Vice President should have
voted to-day. He thought he was rather
hssty IN giving his vote, and that bain!
so, all this discussion was out of order
The amendment did not receive 8 ms
iority OF the votes, and therefore was lost
Mr.. Eston ssit that he had no doub
in his own mind that the President OF the
Senate had no power 10 act in the organ
l..tion ofthe Senate. He not one of th
rsprsssntstivssof q sovereign State, ant