The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-10-25
CAPITAL NOTES.
THE LOUISIANA SENATORIAL CUES.
T1ON.
Argument Of Judge spoBora nefere Il,
senate Committee.
fHnbpfai lc tba na,
Especial TO the Democrat. |

Especial TO the Democrat
WASHINGTON, Oct 24.ABpofrords argumen
Ausday before the Committee on Privileges ant
slllectionH IL generally conceded to be the clear
$eat md most practical exposition of tho Louisi
fztra troubles ever made In Washington. The
only drawback 10 1t Ii the fact to use tho words
OF Senator Wallace, that argument dom
amount TO a damn with the majority of tha
Gemmittee."
He begun by giving brief account Of The
powers OF the Louisiana Returning Board and
State Legislature. alluding TO the Eleetora
Commission and quoting lis arguments from
the official reports Of The Commission. BY thf
returns Of elections held In November. 1870, nc.
cordin4 to tho parish returns, approved by the
supervisors of elections, the Governor, Lieu.
tenant Governor and State officers were elected
Also. according 10 the statements Of the Re.
turning Board. sitting In the city Of New Or.
leans. another set OF State officers was declared
elected by the suppression Of over 1900 votes
Judge epofford then rehearsed the establish.
ment OF the dual Legislature Ia Louisiana.
The Packard Government In tho State- House
and the Nichols Government In ut. Patriek's
Hall. New Orleans. and the story Of the thrri-
cHding of tho htate House. The debates and
minutes Of the Nichols Legislature were read
coffoborating his statement In regard t, the
tllegality of Paekards Government. The rea.
son why the Packard Government fell to pieces
was because of the failure TO obtain troops to
sustain IT, from Wasbinton. According to the
law Of Louisiana, the Returning Board had
nothing to do with the election OF Governor,
Lieutenant Governor. or any State officer. Tho
Returning Board was only concerned ia the
election OF the President and Vice President
He read passages from the constitution.
a far pit frYI ,t,si,f
showing the manner Of counting the votes and
declaring the result Of an election Judge Spof-
ford claimed that the sheriff of n county or n
mayor OF q town waa the person charged with
returning writa. Tho term returned has
Always been understood in the manner sx4
PINNED above. BY the laws of Louisiana the
register OF elections and commissioners of elec-
tions have superseded tho Office formerly held
by the sheriff In making returns OF elections
Judge spofford quoted from Senator Ea-
1nundH. OF Vermont. Ia arguments In sennte
contests In Louisiana, to show that the Return
Ing Board is an uheonstli utional body. The
speaker natd that such thing aa dual govern
nent would be unknown were IL not for the
existence OF the Returning Board. Distin.
guished citizens liko Gov Packard. and aa
am informed. Gov. Kellogg, brought sweeping
accusations against fifteen or twenty pariHhes
VI.
charges whatever were made by the conf mis-
sioners Of election In the parishes where
elections were held a. prescribed by law.
With three on.eleeted Senators In the Pack
ard observation-disclosures Steven who had been
sitting with the Nichols Legislature and had
called upon Gov. Kellogg In the statasHou
was forced into the Packard Senate by the Ser
gennt-at.Arms in order to obtain q quorum.
Blunt and Webster. two defeated candidates.
were included among the members constituting
a quorum. and there were a dozen members
whose only title was acquired by the Return.
ing.Board. Packard's title. also. only rested on
the Returning Board.
Judge Spotford claimed that on the 10th of
January. when Kellogg maintained he was
eleetedk. there was not a quorum In tho Senate.
There were only seventeen present. and nine
teen were required for aauorum. In the House
MIR. Kellogg claimed that he received siSty-aix
votes. sixty-one votes being n quorum but /
will prove to the committee TINT ten of the Pack
ard House were not legally elected to the posi-
tions they occupied.
When the Nichols government was recog-
nized by tho United States government and
courts, everything that WIS done by the latter
faction dropped TO the ground null and void
That government fell, as II deserved to fall
stiilborn: fell the government from which
II was the outcome fell 1t cannot be that the
President will recognize one government, the
House one government. and the Senate an
other government: n government which has no
existence or representaton-only Mr.. Kellogg
can be called its representative
Senator Hoar asked Judge SpofTord how, ae-
cording to the Louisiana constitution the Sec
retary OF State could give scaled returns of
elections to the Speaker of the House. when.
x,.aAtt a 4,ntaa ~
no means OF determining what member had a
prina facie right to n seat could be had. Judge
Spofford admitted that unless returns were
copied from parish returns 1t would be difficult
9 odetermine In the first instance who had |
right to the Seats In the Legislature.
Senator Hoar said that according to the old |
OF Georgia the Secretary of State |
opened the returns, and the House meets and |
organizes with the Speaker on the statements |
of the Secretary
Judge Spofford Acknowledged that both OF the |
rival governments of Louisiana in the first |
days OF their respective organizations. were |
guilty OF irregularities; but at the time of
his election the Nichols government was In full |
blast and running according to the letter as
well as the meaning OF the law,
he also showed that the State Legislature
from which he was accredited had been in con-
tinuous existence ever since the legal expira-
lion of the preceding government: whereas
The other and pretended Legislature had exist
I'D only brief time, beginning and ending at
dates unknown to the law of Louisiana.
He expressly disclaimed having ever read the
words de fdcto and de jre to distinguish the
Packard from the Nichols government. and
based his whole case upon the assumption that
here had been no government but that of
Nichols in Louisiana since January T. either
IN law. in equity. or In fact. BUELL.,