Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-03-12
NO. 81.
MiseellameoMs.
The Case of Kellogg.


Resolved, That the oath Of Office required by
law. be now administered by the Vice President to
William Pitt Kellogg, whose credentials as SEN
| ator from the State Of Louisiana were presented
| on the 10th of January, 1871.
| Mr.. Bayard asked the Senator to withdraw that
resolution for the present, that he might submit
| one to have Gen. John T. Morgan, Senator elect
| from Alabama, sworn in, whose case was similar
to that of Mr.. Lamar.
Mr.. Blaine said the case of Mr.. Kellogg came
before either that of Mr.. Lamar of Mr.. Morgan
its ORDER and therefore it had better be acted upon
MI. Bayard then submitted the following substi-
| tute for the resolution of Mr.. Blaine:
That the credentials of William Pitt Kellogg,
claiming to be Senator from the State of Louis
lana, do now lie upon the table until the appoint
| ment of Committee of Privileges and Elections,
| to whom they can be referred.
SPEECH OF Mr.. BLAINE.
Mr.. Blaine said Il do not desire Mr.. President,
| to detain the Senate by any lengthy presentation
of Mr.. Kelloggs case. Regarding him as | do
| the regularly and duly elected Senator from the
State of Louisiana, could wish that there would
be no objection to his being sworn in. l believe
that he was elected by the legal legislature of
| Louisiana. l believe that he was elected by and
represents the legal government of Louisiana, and
do not now see to-day-and that is the main point
desire to present-how any Senator who voted in
this chamber that the electoral vote for Louisiana
was legally and properly cast for Rutherford B.
Hayes and yourself, Mr.. President is permitted to
doubt that s. b. Packard is equally Of right the
| Governor of that State. There may be some
technicality; there may be some keen form Of
logic which have not yet heard and which do not
think shall be ever able to comprehend, by which
| a.msn who had nearly thousand votes more than
the electoral ticket received was not elected Gov
ernor when the electoral ticket was chosen, and
frankly repeat that am not permitted to doubt
no man is permitted to doubt legally to-day; GER
| tainly the other side of the chamber is not per-
mitted to doubt legally-that the electoral vote of
Louisiana was properly cast for Hayes and Wheel
er. 1t was decided so by the tribunal created by
that side of the chamber The Senator from Con-
| nectcut (Alr. Eaton) bows TO me. He and are
guiltless of that tribunal. (Laughter) But with
| the single exception Of the Senator from Connec-
| tcut, every gentleman on that side OF the cham
Der in the Congress just closed voted to establish
| that tribunal, and it came in with paans and
shouts aud congratulations that the day OF the po-
itical millennium had at last dawned, and that we
| have now established a tribunal distinguished
| above all human instrumentaties for mpartialty,
and to whose decisions would all bow IN the most
| ready spirit of cordial acquiescence. They took
the question into consideration and heard 1t elab-
oratey argued and decided, as believe rightfuliy,
| that The electoral vote of Louisiana belonged to
Hayes and Wheeler.
Mr.. Thurman-Will the Senator allow me TO
| interrupt him.
Mr.. Blaine-Certainly.
Mr.. Thurman-The Electoral Commission de-
cded that it could not look behind the decision of
| the Returning Board.
Mr.. Blsine-Precsely; but it did detide-
MIR. Thurinan-I am not through. The decision
was that it could not look behind it, and therefore
would receive no evidence. But does the Senator
say that the Senate of the United States, that is
made the judge of the elections qualifications and
returns Of its members
Mr.. Blaine (interruptng) Senator is too
| rapid. am coming to that.
| Mr.. Thurman (disregarding the Interruption
That the Senate cannot look behind the Return
| ing Boardf
MIR. Blaine-I am coming to that in due season.
lhe Senator will permit me to say, however, that
| the Electoral Commission, of which he was an
| honored member did decide that the Louisiana Re-
turning Board was constitutionally and legally
competent to make the count which determined
| the electoral vote of that State. Am riyhti
Mr.. Thurman-A majority did.
| MIR. Blaine-A majority constitutes the Board
| (Laughter) Then understand the Senator from
| Ohio to admit that the Electoral Commission did
decide that the Louisiana Returning Board was
legal and constitutional body, competent TO do
what it did do, and that they were unable to re-
view or reverse 1t, and that the same Board COM
petent to declare who the Presidential electors
to that State, and the legislature performing
| mere ministerial duty declared who was the Gov
ernor OF that State declared also who
were the Legislators of the State and 1 stand
here if stand alone, to say that the honor
and the credit and the faith of the republ-
| can party, in so far the election of Hayes
| and Wheeler is concerned, indissoubly
united IN maintaining the rightfulness of the
turn of that body as the illustrious house of Pan-
over that sits on the throne of England to-day is
| in maintaining the rightfuness of the revolution
| of 1888 You discredit Packard and you
| discredit Hayes. You hold that Packard
| is not the legal Governor of Louisiana,
| and President Hayes has no title and the honored
Vice President who presides over our delibera-
tions has no title to his chair | say, therefore,
that on the action of the Returning Board, which
the Senator from Ohio admits was determined by
| the Electoral Commission to be competent legal
and constitutional body, rests the authority of 5.
B. Packard to exercise the Governorshp Of that
State, and the authority of that Board rests the
legislature of that State, and by the legislature of
| that State, William Pitt Kellogg was duly elected
| Senator by the Governor of that State, thus de-
| termined, he comes here commissioned as a Sena~
tor bearing the great seal of State. This l main
tain, and do not, unless challenged upon that
point desire to go into any Of the details Of the
election.
Mr.. Thurman-Do interrupt the senator'
| Mr.. Blaine-Not at all.
| Mr.. Thurman-Does the Senator understa nd
| that that Returning Board counts the votes for
Governor and declares who is elected Governorl
| Mr.. Blaine-The Legislature did that.
| MIR. Thurman-Then the Senator is in great
Mr.. Blaine-No. l never said any such thing;
but they were based on the same returns precise
ly, and the same Returning Board counted the
votes for members of the Legislature and also
/
votes for Governor
| Mr.. Thurman-Yes.
Mr. Bla.ne-That is only one degree off in
lineal descent. 1t is the difference between son
| and grandson. (Lsughter)
| Mr.. Thurmin-I beg to say to the Senator that
the Electoral Commission never decided that the
| Returning Board was q constitutional board for
counting anything but the electoral vote for Pres
| dent and Vice President.
| Mr.. Blaine-Do understand the Senator from
Ohio, then, to maintain that the Returning Board
was good enough to count in the electors for Pres.
ident but not good enough to determine who was
| Governor
Mr.. Thurman-If the Senator asks nv opinion,
| say it was not good enough for anything except
| to be hung. (Great laughter.)
Mr.. Blaine-I believe the gentlemen in Louisi-
ana whom the Senator from Ohio represents in
his opinions hold that the Electoral Commission
deserve about the same thing, or at least eight of
themi
Mr.. Thurman-A majority Uaughter)
Mr. Blaine-I want TO hold the Senator TO the
point that the Legislature, the Governor and the
Presidential electors of Louisiana all derive their
legality and their right to from the same source
and the same count; that if one Is discredted the
| other is dscredted, and that the electors having
been accredited by the highest tribunal known TO
q H.. wAW@E L.