Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-10-27
Election Committee Meeting.
The Louisiana Case.
THE STATEMENTS OF sPoFFORD
AND KELLOGG.

| "AohiNoioN, Octooer 70. The Senate election
committee met, and Kellogg and Spofford not be
| ing ready to file their views as to the scope the
committee should take In the investigation sepa.
| tor Hoar offered the following resolution. which
was unanimously agreed to-
Resolved, That the contestants file their respec
tive statements with the clerk. in order that op-
portunity may be given each gentleman to exam
| inc the statement of his opponent, and prepare
| any reply thereto, and the committee adjourn for
| one hour.
| The committee adjourned until 1890. Spof-
fores statement, il is understood will treat of the
facts contained in his argument, and that he was
| entitled TO q seat because the legislature which
elected him began voting the day previous to that
which elected Kellogg, and that the legisl ature is
| the only one recognized to be legal.
On Resembling, the statements of the respec-
| tive contestants were read. That of Kellogg
says;
81 Of course assume that 1t 10 not within the
power of any claimant or contestant for Q seat in
the Senate, to waive or in any degree control the
| rights OF State to her duly chosen representa-
| i've 10 the Senate, and that the committees re-
| quest Tor statement OF the evidence which the
| contestants desire to present TO the committee
does not Indicate that the committee will suffer
our requests in any degree to control the commit
tee or Senate in regard to the range which will be
given to this evidence. Still notw outstanding
in making this reply assume, as have Just stated.
yet deem II best to avoid all possibility of msap
prehenslon as to the gravest matter involved il
this contest, and in order to exclude the appear
ance OF waiver on the part of the rights of Louis
lana to her representation in the Senate which she
Is entitled to, IN virtue of my election, and Of the
| evidence thereof. which is in possession of the
Senate.
desire to place at the beginning of this reply
! tue view take OF the law of this contest. That
view IS that the substantial merits of this contest
ed claim to the seat, and the question which or
whether either of the two rival bodies claiming to
be the Legislature of said State, in January last
when was elected, is the true and lawful legiss
ture are conclusivey determined under the laws
and constitution of the United States and of Lou
lsiana by the record, evidence which these laws
carefully supply to the Senate, where revolution
or disorder in the State have not deprived the
State and Senate Of this, the best and conclusive
evidence, both of the existence of O lawful legis
lature and OF its elections TO the Senate of the
United States.
1t is not lawful for the Senate of the U. s. to
pass by this highest and conclusive evidence 30
supplied for the purpose of trying in the Senate
who were elected to the tine legislature. This
thing is so confded to the states themselves. to
he determined through their returning officers in
the first instance, and thereafter to be determined
by the houses of the Legislature duly organized BY
those who held the prims facie evidence of the
rlght TO compose such houses.
BY such legislature, conclusively made "the
lawful legislature of the State" was on the 10Th
OF January last. duly elected to the Senate, and
the record Of evidence of that election, now in
same 4
enumerated in nv letter to the committee of the
I'D inst. To this enumeration beg leave to re-
fer, as containing statement of what deem on
ly competent and conclusive evidence in this case
and in which establishes my title to Q seat both
prima lacie and on the substantial merits. If.
however, the committee should hold that this
view Of mine 10 not the true one and that the du-
~ OF the committee, either owing TO the violence
and revolutionary disorders which assailed the
government of state, or from any other cause, re-
IN tra tha nnt. txxstt it, \
the record evidence, showing the lawfnlness of
my election and of the Legislature which made it. |
then shall ask the committee to 20 to the bottom |
OF things, shall ask the committee to investigate
and decide who we're entitled TO compose the leg
islative and executive Of Louisiana, a. determined
by the election of 1876. After eliminating from
that election and its returns all the couseQueu noes
OF those offences against free and pure election
which are prohibited by the constitution and
laws of Louisiana, l add below the most definite
statement as 70 what evidence will ask the com
mittee to to take in the event it shall determine
that the decision of this upon its substantial
merits, requires committee TO decide these ques-
tons.
shall ask the committee to investigate and re.
port upon the following matters:
flrsl-Ihc violence and other revolutionary
and unlawful acts and influences resorted to- ei-
her to prevent the organization of the Legislature
by which was elected, or to deprive either
branch thereof of quorum before 1t the time or
after my said election 10 the Senate.
Second-The violence and other revolutionary
or unlawful acts and influences resorted to- to de-
prive OF their offices the executive and jud cisl Of
noes OF Louisiana, belonging to what is known as
the Packard government
Third-That acts resorted to to secure an or.
ganlzaton Of what is known as the Nichols leg.
lslature, and the installment and continuance in
power OF the Nichols executive
Fourlh-Ihe character, extent and effect upon
the election in Louisiana in 1876 of those offences
against the election laws which are enumerated in
such laws, and especially in the 26th section of
the act Of 1872.
Fifth-The action of the returning officers in
making up 1.-THE returns Of all persons and officers
voted for, at the election of November 1876 in
the State of Louisiana.
shall also ask, in the event that the committee
shall decide to 20 behind the record evidence. TO
which have alluded, that the testimony taken by
the committee Of the Senate, of which Senator
Howe was chairman in 1877, may be ordered by
the Senate to be used for the purpose of such in
vestigaton. Very respectfully,
(sigued) WILLIAM P. KELLOGG.
Mr. Spofford in his statement says, protesting
that no evidence beyond his credentials and the
hstol ical facts of which the Senate will take ia.
dicial notice is required or should be demanded.
ana 10 obedience tolthe orders and resolution of
the committee, he respectfully proposes to prove
hrst that by the actual returns collected BY the
parish supervisors OF regstration from their sp-
pointees 1.-THE commissioners of elections) showing
tne votes actually IN the ballot boxes 1t the close
Of the election in Louisiana on the 7th of Nov.
1876, it appears that enough Of the Senators and
representatives received into the Packard legisls.
ture upon the certificates of the so-caled return.
ing board were defeated at the polls to show that
there never WAS from first to last q quorum of
elected members in either branch of that lsgisls-
ture.
Second That the senator adbering to the Mich
oils legislature was captured and taken by dure,s
against his protest into the Packard senate cham
Der on the first of January, 1877. and kept there
by duress and against his protest The refusing to
participate in their action and regulating their
authority as Senate) just for the purpose of
swearing in as members of that prete nded Senate
Baker and Kelso who had not only been defeated
at the polls candidates for the Senate, but were
SO reported by the returning board and their com
pettors, were actually elected, admitted so to be
by the returning board, and set as members from
their respective senatorial districts in the Nichols
senate throughout the session, and that there was
no contest and no notice of q contest over their
Sc is. But the seating of Baker and KeIso was
entirely unlawful, inexcusable and of no effect
That by the actual returns Is made in the dupli-
Gates by the supervisors, showed . majority of
votes actually cast throughout the State of about
5000 for Nichols and Wilt over Packard and An
TOME for governor and lieutenant governor Ia The
Louisiana election of November I, 1875.