New Orleans Republican., 1877-05-16
Tho Loul.iann sena.torn.

A recent number of the Indianapolis
Journal contains an article upon the ques-
ton of the admission of Mr.. Kellogg to
the Senate of the United States, which
will have to be decided in October next,
which was evidently inspired by Senator
Morton, or at least reflects his views. The
article assumes that the question of his
admission rests exclusively upon the facts
existing at the time of his alleged cleo
ton, and that these facts can not be dis
turbed by any subsequent proceedings. If
the Legislature which elected Kellogg was
competent to do so, then the disorganiZa-
ton of that Legislature, and the organ
ization of o new one from its remnants,
can not affect Mr.. Kellogg's title to his
seat. Upon this basis, the Journal
examines the record in the case, and finds
that the Returning Board, in accordance
with the statutes of the State, returned to
the Secretary of State alist of the persons
elected to the General Assembly. In ac-
cordance with the same law, the Clerk
and Secretary organized each House on
the third day of January. The Senate,
under the law, consists of thirty-six mem
bers, and the House of l20 members;
nineteen members constituting quorum
Of the former, and sixty-0ne of the latter.
At the time of the organization, quorum
Of both houses took part in the proceed
ingg. On the tenth of January the two
houses met in joint convention to elect a
United States Senator to succeed Mr..
West for the term of six years beginning
March 4, 1877. Upon the calling of the
roll there were seventeen Senators and
sixty-six Representatives present, being a
majority of all the members of the Gen
eral Assembly. Mr.. Kellogg was NOM
mated, and received the unanimous vote,
and was declared elected by the presiding
| officer of the convention. The election,
therefore, seems to have been conducted
within the provisions of the laws of the
| State, and the law of Congress regulating
| the election of Senators. The point for
the Senate to decide, therefore, is whether
| Mr.. Kellogg received enough legal votes
| in legal body 20 elect him. If he did,
then the Journal contends that he can moi
be divested of his Office by any subsequent
| proceedings, or by the fact that the mar
| who signed his credentials has since thai
! time retired from the exercise of executive
functions. The case of Mr.. Eustis is diff
fereut from that of MIR. Kellogg. A va
cancy was created by the rejection o
Pinchback, and Eustis was chosen to FL
that vacancy by an unquestionable lege
Legislature.
From such information as have on tn,
question, pending the decision of III
Senate, the division of the SenatOrship
between Eustis, elected for the short term
and Kellogg, for the long, would appea
TO be an equitable one. Tine parties woul'
certainly be more equally divided for eacl
to have one than for one to have both
The Democrats can not complain if the
have one, and the Republicans are en-
titled to one as Q matter of equity. Sue
division ought to be satisfactory on al
sides. Judge Spofords claim to the sea
is barren unless he can show that Kellog
was not legally elected, and the Senat
can not either equitably or legally recoe
nize it unless it can be shown there was
vacancy up to the time he was elected b
the Nichols Legislature. The fact thf
Governor Packard. who signed Kellogg
credentials, has EeIred Erum Office, dot
not affect Kellogg's title, because he will
: drew voluntarily without coercion or a
sault. Mr.. Kellogg would not be our fir
: choice as Senator, but, if he was electe
by the Republicans of LouisiaAa und'
. the forms of law, he would probably mai
! o fair if not an able Senator. His guhe
: material administration was better this
that OF Warmoth, who preceded him, an
like Chamberlain in South Carolina,
worked hard to Advance tie material
terests of the Ste.ee. II he was legal
elected, he shor' I'd have the seat witho
reference 10 any subsequent procee
lngs'-CA .oogo Tribune.