The New York herald., 1877-10-19
loss haa prlma taele cas-. and vas untitled 70 hi.

loss had prima faeic case and vas entitled 70 Ms
seat
the Committee Privileges and Elections he fc not
regard the motion OF the senator from Maryland 10
tee He did not oeneve any delay was necessary.
1t had SAID that the committee was prepared 70
report in avor OF seating Mr kellogg, out ne desired
10 state there was minority report io be submitted
oS rHs MOTION TO INSTRUCT.
The motion OF Nr Whyte 20 instruct me commit
tee was rejected by vote o yeas 3l nays a as o'-
Iows:-
ya.sYs sss. ssrasm sssa,a sss,. ssss ss.ss Cox:
Garland. oordon. urover HArr, Hereford Ail ons' y
sou Hsaey Msrrmon. Morgan. R,sdsph Ransom, saals-
baty aa,maa "sI,.es wa,Is sns s AL, sr.c.
Burnslae casroa of ana, cameron d wscoe-
Dor dorsey a"d hdaaaas VsiSs s%ia ssi c1s nss
Jones Nevada kirkwooa. Mcmillan. Matthews Mitchell
saunders. Spencer. Teller and " adleieh-sa
Mr. CoxKLlSo said there had been some doubt cx-
pressed as TO whether the credentials OF Mr. kellogg
were still before The committee, and he therefore,
proposed TO add TO the resolution the following
The sreden,ias Of William r Kellogg claiming the seat
mittee ana now being before IL.
He SAID he offered ,nis amendment SO as TO make
II clearly manifest 10 tho committee that u shoua re-
port on the case o Mr Kellogg well as thai 0! Mr.
Sponord.
Mr. THURMAN said that the amendment virtually de-
claed thai tue aityninth rule applied to the execu.
1--WE OF the senate alone He argued that that
rule was only tor session oi Congress u provided
that papers before committee al the end OF the rst
session o Congress should be returned 10 the respec
tive committees Al the next succeeding session. but
papers before committee vi tue Senate during scs-
called tor executive business nust be returned to
the clerk aud referred 10 nc committees by The Senate
AGAIN.
Alter some further discussion during which Mr.
Conkng SAID tue high priests OF the democratic party
had been IN session ana consulting over this nlly-
ninth rule, he modified his amendment SO as TO read.
"And the same committee shat also consider and re-
port upon the credentials of William Piti Kcilogg."
The amendment was agreed ~, Ind The resolution
passed as amended
Mr THURMAN moved that }. r. Eusus be sworn
us senator from Louisiana Tor tho term com nencins
March !, 1879.
Mr EpsuNps SAID there was privileged motion on
the table, snd called up the resolution submitted by
him yesterday, 10 have the Committee on Privileges
Elections discharged IRON lurihor consideration
OF the credentials OF Mr. Kellogg.
The VIck PRESIDENT said that was not q privileged
motion II the Senator IRON OHIO presented tho Gre
dentals oil Mr Eustis- lie then inquired i tho Gre
dentas had bcea presented heretofore and beng IN
formed that they had decided that the unlinish cd
business, being SIR. Edmunds' resolution, haa tao
preccdcncc.
Mr. EDMUNDs then, by unanimous consent, with
drew HIS resolution.
Mr. TuuRnAx renewed his motion to have Mr. Eus-
tis sworn aud proceeded TO state tho circumstances
attending ms election &c. He claimed that the Sen
had dccecd tnut rincnback was notenttlcd TO the
SEAL ana therefore there were no credentials conflicting
with those OF Mr Enslls
Mr. CoSKLNG raised the point OF order that the GRO
dentals OF Mr. Eustis were before tho Committee on
Privileges and Eiectious and not before The Senate,
therefore the Senator irom ONO tsir. rhurman) Was
out OF order
The CHAM sustained the point OF order; and after
some further debate IN regard 10 rules the Vice
President submitted TO the senate tho question
whether all SUBJECTS referred 10 committee OF tho
Senate anu not reported the close OF the pre-
ceding session in March last, renamed before tho
several committees to which they were referred, and
IL decided IN the Affirmative by rising vote OF
yeas 80, nays 81, the republicans voting the alr
native and the democrats III the negative.
The motion oil Sir. Thurman TO have Mr.. Eusts
sworn having been decided ont OF ordcr, he then
moved that the Committee Privileges and Elections
DO discharged from the further consideration OF tho
credentials o Nj Eustis
Objection made by Mr.. Edmunds, and under th 9
rules the motion was laid over until tomorrow.
The Senate then, ut quarter past threo O'Clock, ad
iourned