The Portland daily press., 1877-12-01
arty. have belonged to that party from the

party. have belonged to that party from the |
moment it came into existence and now be-
cause in this conjuncture of circumstances [ |
feel compelled to give this vote the attempt is |
made not only to read me out of the party but |
to place my character beneath contempt. |
have thought it due to the Republicans of |
South Carolina, to the Senate aud myself, that |
should briefly allude to the the facts upon |
which the case rests and the principles which |
control my actions. [ shall bear in silence, |
with such philosophy as l may command, the |
sneers of enemies, the vituperatlons of black |
guards and criticism of friends Patterson. in
closing his remarks, referred to the Presidents
Southern policy. criticising ii at som elenetb
The question being on the substitute of Mr.,
Salisbury. the vote resulted, yeas 49, nays 20,
as follows:
Yeas-Messrs. Bailey, Bayard, Beck, Cockrell.
Coke, Davis of W. Va, Dennis, Eaton, Garland
Gordon Harris, Hereford, Hill, Jones of Fla, Ker,
rimon. Morgan, Patterson, Randolph, SALISBURY.
Thurman, Voorhees,, Wallace, Whyte ana wthers-
Nays-Messrs Allison, Anthony, Booth. Brnce
Burnside, Cameron of Pa, Cameron of Wis ,Chaffee,
Christiancy Conkling, Conover, Dawes. Dorsey, Ed
munds, Hoar, Howe, Jones of New, Kirkwood' NC
MILAN, Matthews, Mitchell, Morrill,. Paddock, Rol
Inns, Sargent, Spencer, Teller and Wadleigh-29.
Blaine, Plumb, Hamln, Oglesby, Ferry, In
palls and Window, who would have voted in
the negative. were pared with Grover, Arm
strong, Barnum, Davis of Illinois, Maxey Ran
son and Johnston, who would have voted in
the affirmative. Mr.. Oglesby in announcing
his pair with Mr.. Davis, said he refrained from
voting although he did not consider it certain
that his colleague would vote ave. He hoped
he would uote no. (Laughter.)
The Vice President in announcing the vote
did not give the deciding vote, bat said the sub
stltute NOT having received majority of the
vote of the Senate is disagreed to.
Mr. Morgan of Alabama. submitted an
amendment as follows:
Provided, that nothing in this resolut ton shall
be so construed as to preclude the Senate from
the right to demand an investigation of the
charges in the amendment offered by the Sena-
tor from Delaware, and upon which vote of the
Senate had just been taken, as affecting the
right of William Pitt Kellogg to 8 seat in the
Senate.
Mr. Morgan in support Of his amendment
supposed he understood the committee on
privileges and elections had no higher powers
than committees of the Senate. 1t could not go
out into the world for testimony nor investi.
gate charges merely upon suggestion of rival
claimants. There had never been any nvesti-
CATION ordered by the Senate as to whether
either OF the claimants used improper means to
obtain seat in the Senate. In his opinion the
committee had properly refused to make the
investigation when asked by Spofford, for it
has not power to do so. The Senate, however,
should not refuse TO order such an investigation
when the charges were brought to its attention
should have passed away and when such an in
vestigation could be calmly undertaken he
would move for an investigation.
After some discussion Mr.. Morgan withdrew
his amendment.
Mr.. Wadleigh sent to the Clerks desk and
had read letter of Gov. Kellogg, published
this morning, denying the charges of Judge
Spofford.
Pending the discussion Mr Thurman, at 5,
moved that the Senate proceed to the consider
q NJ nr7ft h1Ct pnHAn tod
nays 30-tie vote-but the Vice President did
not vote. He simply announced that the Sen
ate refused to 90 into executive session. The
Democrats voted ia favor Of executive session,
the Republicans against.
Mr.. Sargent from the Committee on Appro-
prations reported the deficiency appropriation
bill with amendments, Placed on the calen-
dar.
The Senate on motion of Mr.. Dorsey took a
recess till Z 30 p M.
AT the evening session Bayard spoke against
the resolution before the Ssnate. He read ex-
tracts from opinions of Judges Strong and
Bradley as members of the Electoral Commis.
sion. The opinions of these two judges we're to
the effect that the right of each house to inst-
tute any scrutiny as to the election of a member
was absolute, and Messrs. Hoar and Garfield,
other members of the committee, took the same
ground. Congress. under whose control the
electoral commission bill was passed, had ceased
to exist, but the law which organized it had
WdEtdut III LD6 COUSJltublUU. ailUOugu LU6 re-
suit was not all the Opposition wished he he'd the
decision to be final and it could not be disturb
ed during the term of Office for which the cam
dldate was declared elected. He argued the
election in Louisiana was corrupted Oh
on the night of the 7th of Novem
altered by anything which had transpred
since. The Senate was bound to respect what
was done on election day and anything done
since was bouno to set aside and inquire what
was the result of the election completed on the
night of Nov. T.
He referred to the legislature which elected
Kellogg and said his election might be con-
sidered the fourth official act of that body
What were the other three? They were idle
breaths, mockeries of law which went forth
without authority and came back without res
pect. No one needed them then, no one heed
ed them now. The pretended legislature gave
up the ghost of a goverDmnet they had sought
to create and confessed before the light of day
that when they entered the Nichols legislature
they were acting according 10 their best light
AT the conclusion of Mr.. Bayard's remarks
Messrs. Hoar and Thurman INDUCED in a
lengthy debate on the political situation in the
South.
take the liberty to suggest once more the pos
sibility Of an understanding in regard to a vote
upon this resolution. He therefore submitted
the following:
First That vote be taken on the Kellogg
Spofford case at or before 30 a. M, the chair
man of the committee or any one authorized by
him TO have one hour to sum up if desired.
Second, The vote on the Butler-Cerbin case
to be taken at or before the expiration of one
hour after the Kellogg-Spofferd case is decid-
ed.
Mr.. Thurman hoped the proposition would
be agreed to. He asked his Democratic friends
to agree to it and to trust to him thatit would
result in an arrangement jast to both parties.
Question then being on Mr. Hills substitute
to swear in Henry M. -Spofford on his prima
facie case it was rejected, yeas 27, nays 80
Davis voted in the affirmative and Conover
and Patterson in the negative.
Mr. Merrimon submitted an amendment al
lowing the contestant, Henry M. Spofford to
produce ct the bar of the Senate testimony he
offered to produce before the Committee on
Privileges and Elections, and that further CON-
sideration of the case be postponed till then.
Mr. Edmunds said this was violation of the
agreement just made that the question should
be voted Oh.
Mr. Merrimon did not so understand it, but
as that view was taken of the amendment he
withdrew it,
Question required on the original resolution
to seat Kellogg, and it was agreed to yeas 80,
nays 2S, Convers and Patterson voting with
the Republicans in the affirmative
Davis of Illinois voted with the Democrats in
the negative.
Thurman moved that M c. Butler be sworn
as Senator from the state Of South Carolina.
AT a. m. vote was taken on Thurman'a
motion, aud was agreed to, yeas 20, nays %.
Kellogg and Butler were then escorted to the
Vice Presidents desk and oath of office admin
istered to them, the latter taking the modified
oath.
Senate at 21O went into executive session
and when doors opened adjourned till 2 o'clock