The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1877-11-29
would move to fill that chair, regarding

would move to fill that chair, regarding
it as vacant.
Conkling said he had heard it said
that the occasion did not arise this
morning when it was necessary that
the Vice-President should vote, for the
reason that the amendment had not
received majority of votes, and there
fore fell. He would like to know when
it was that tie vote was not fatal to
the Affirmative side?
Eaton replied that lie had said no
such thing.
Allison-Suppose the Vice-President
had voted with you?
Eaton-That is supposition my
friend has no right to make. We have
learned during the last three days that
the supposition is not tenable. laugh
ter.)
Thurman said he made the point for
two reasons: First, he wanted to call
the attention of the Senate to ques-
tion which might arise at any time,
and, second, it did not concur in'the
views of some of his friends to the
effect that the Vice-President had not
abstained from voting. If that officer
had the right to vote it was his duty to
vote. However, he tThurman) had
achieved all he desired to in calling the
attention of the Senate to the matter,
but, as some of the Senators thought
Sufficient unto the day is the evil
thereof" he was quite contented to
withdraw his challenge.
Vice-President Wheeler said 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. After
what had fallen from the Senator from
Connecticut (Eaton), he would take oc-
casion to say that, as at present adj
vised, he would exercise that right in
his discretion.
Salisbury submitted substitute for
the resolution of the committee, re-
citing at length the various charges
made by Judge Spofford 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 for recommittal of the whole
nuactior tn tba nonp,;ttaa of alantinnc
with instruction to take testimony re-
garding such charges.
Salisbury argued that it would be an
act of justice to one of those contes-
tants to take this testimony, that the
Senate might know all the facts.
Wadleigh said the committee had
what seemed good reasons for refusing
the request of Spofford to take testi-
mony regarding these charges when he
made application to the committee, as
it would have led to further delay and
the subject had already been thoroughly
investigated by Congressional COM
mittee, and was before the committee
in thousands Of pages of testimony al
ready taken, therefore they thought it
best not to delay the case.
Hill said this question had =, much
more important bearing than the Sepa-
tors were inclined to give it. If the
proposition of the Senator from Della
ware should be refused, the Senate
would do great injustice to one Of the
contestants. He charged here-and the
Senate must hear him, and the country
should hear him-that Judge Spofford
appeared before the committee and, in
the presence of Gov. Kellogg and his
counsel, made distinct charges that the
returning board counted in 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 he 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 a
false legislature to- elect him Senator,
and this charge was made in the pres
ence of Kellogg.
Mcmillan said the sessions of the re-
turning board were all attended by
Democratic counsel and the testimony
on these charges had already been
| taken.
Hill said he challenged any one who
voted in the committee against taking
testimony, to point to any testimony il
all the Louisiana investigations hereto
fore made bearing upon the point:
which Judge Spofford alluded to. Wher
Judge Spofford read to the committed
his fourth charge, as to the completely O
Kellogg with the returning board il
illegal acts, Kellogg got up to join issu'
with him, when Hoar, a member of th'
committee, objected. Spofford did no
make his charge behind the door, bu
said he could prove it, and so far as an.
testimony having been taken last win
ter on the subject, Spofford said fact