Vicksburg weekly herald., 1877-11-23
sPOFFoRD AND KELLOGG,
Abstract Of the Briefs sabnIttsd to the
Committee on Privileges aaa Elsotloas 10
ibe Contested ElscllsR Cass-The Pack.

| ABSTRACT OF tue aFieT8 Sa11itteu te the
COmnIltse on Privileges aaa ElsCtlOas In
ibe Contested Elscllsn Cass-The Pack.
ard GsVeFsmsat StIII.bOFH.
WAsHISGroN, Nov. 2l.-The follow
ing is an abstract Of the briefs 10 the
Spoford. Kellogg case before the Com
mittee on Privileges and Elections.
Judge Shellabarger's brief for Kellogg
denies the power of the Senate to ques.
tion the award Of the Returning Board,
and admits that the returns as made by
the Commissioners of Elections show
that three of the Packard Senators and
ten OF the Representatives who joined
in electng him, and were essential TO
his quorum, we're beaten at the ballot.
box, but claims that they were
beaten by intimidation, aud were
rightly counted in BY the Re-
turning Board; that the Sherman
and Howe testimony is ample proof in
the ;ase that the Packard Government
was the true Government chosen by
the people, and sfterward his election
was Overthrown by criminal revolu.
tion !; that Long, OF Desoto, was Dem.
ocrat, who denied his own election 10
aid his party. Judge SpoGord rejoins
that the power OF the Senate is
plGnary 10 determine which was the
real Legislature, and to that end TO in.
quirc whom the people elected; that
the admissions show enough of
the Packard Senate and House
we're defeated 10 leave both
without quorum every day they
pretended to sit; the seating of Baker
and Kelso was al illegal farce; that
Kellogg's Joint Assembly contained
only seventy elected members, nine
less than quorum; that the Return
Ing Board was without controlling
power TO suppress single poll, as the
Commissioner returns we're required
to go unchanged 10 the Secretary of
State that the destruction Of polls by
taking evidence of intimidation was q
judicial act which the Constitution in
hibited TO returning officers; that their
count was illegal and void, because
they looked only at the Supervisors,
consolidated statement, and did not
compile the Commissioner, returns;
that they trampei on their own law
by making forbidden inquiries with
out the foundation that tho law pre-
scribe1 that Kellogg himself Instituted
illegal complaints, aud the Board acted
upon them, collusively and fraudulent
ly; that the Vernon parish returns
were altered by forgery, in order to
defeat Smart aud elect Brown 10 the
House; that no other acts Of violence
than those between tho 2Sth Of August
and the 7th Of November, were exam.
Unable, and the murders charged we're
chiefly outside those dates, uon-pUliti.
cal, exaggerated, and often rebutted ;
that the Morrison and Field testimony
must be considered If the Sherman and
Howe testimony was, and that Long
was Republican and supported
only by Republicans. In clos.
ing he says; "The historian
will look in vain for that imaginary
line which Mr.. Kellogg's counsel was
hunting where the Packard Govern
ment ended, and where the Nichols
Government began. These Govern
mentp, such as they were, Lad stimuli
taneous birth. The one which my
competitor seeks 10 reprcsen; was
still-born, and has been laid away the
other, which | have the honor 10 rep.
resent, was born capable OF living
still lives, and will continue to live
through ils constitutional term, 10 re.
store. purity and bless a people who
have suffered so long the misery Of be.
ing ruled by the hand of the stranger" I"