The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1877-11-29
WASHINGTON.
Yesterdays Doings in the Ma
tional Capitol
SENATE.

Washington, Nov. 2S.-Immediately
after the reading of the journal, Wad.
leigh, chairman of the committee on
Privileges and Elections, moved to
proceed to the consideration of the reso-
luton reported by that committee fol
the admission of Kellogg as Senator
from Louisiana.
Thurman objected, and read the Sth
rule, which provides that no bill, report
of committee, or other subject upon the
calendar, shall be proceeded with in the
morning hour unless by unanimous con-
sent.
A long discussion in regard to the
rules ensued, which was participated in
by Edmunds, Thurman, Wadleigh,
Wallace and others. Finally the Vice
President decided that the subject was
a question of the highest privilege, and
could be considered in the morning
hour, notwithstanding objections.
Thurman appealed from the decision,
and the yeas and nays being called, the
decision was sustained-yeas, 30; nays
2S. Patterson voted with the Demo-
Gratis in the negative and Conover with
the Republicans in the affirmative. Da-
Wis did not vote.
The question then being, Will the
Senate proceed to the consideration
of the resolution reported by the COM
mittee on Privileges and Elections, de-
claring Kellogg entitled to seat as
Senator from Louisiana, the vote re-
sulted-yeas, 30; nays, 90. The Vice
President voted in the Affirmative, and
the resolution was taken up. Conover
voted with the Republicans in the af-
Grmative, and Patterson and Davis, of
Illinois, with the Democrats in the neg
ative.
Thurman then moved to amend the
resolution by striking out all after the
word resolved" and insert ''That NJ.
c. Butler be now sworn in as Senator
from South Carolina"
Edmunds said he did not want time
used unnecessarily, and therefore sug-
gested that the vote be taken on the
admission of Kellogg on Friday next,
at l O'Clock, and on the admission of
Butler on Saturday at O'Clock.
The vote on Thurman's amendment
to swear in Butler resulted in yeas, 81 /;
nays, 81; Davis of Illinois and Patter-
son voting with the Democrats in the
affirmative, and Conover with the Re-
publicans in the negative. The Vice
President gave the deciding vote and
declared the amendment lost.
Thurman arose to point of order,
and challenged the right Of the Vice
President to vote on this matter, rs the
question was one affecting the organi-
zation of the Senate, and not question
where the provision of the constitution
applied, viz: that the Vice President
had deciding vote in case of tie.
After some debate Thurman with
drew his challenge of the right of the
Vice President to vote.
salisbury then submitted an amend
ment to recommit the Kellogg-Spofford
case to the committee on Privileges and
Elections, with instructions to take tes-
timony as to various charges.
Salisbury and Hill addressed the
Senate in support of this amendment.
Thurman said if it were a direct vote
upon seating Butler instead of indirect,
he was sure the Vice President would
not have the right to vote. He sub
mitted that the Vice President did not
have vote in case Of tie upon seat
ing Senator. The constitutional pro-
vision that each house shall judge of
the qualifications of its own members
left the matter entirely in the hands of
the Senate. The Vice President was
not a part of the Senate, but simply
presiding officer.
Edmunds said this whole affair was
extraordinary, but the last move
capped the climax, as the constitution
provided without qualification that the
Vice President should have the casting
vote. 1t provided that each house
should be the Judge of the qualifications
of its members; the Vice President was
the presiding officer of the Senate, and
therefore belonged to it. According to
Thurman's proposition he could have
no vote on any question. If there was
tie in the Senate on bill passed by
the House the Vice President could
not vote, and therefore the bill could
not become law.
Beck said it was not necessary that
the Vice President should have voted
to-day at all; he thought him hasty in
giving his vote. The amendment did
not receive majority, and therefore
was lost.
Eaton had no doubt that the Vice
Presidedent had no power to act in or.
ganization of the Senate, not represent
ing any sovereign State. At the prop.
er time he proposed to argue the mat
ter. If any one got a seat in the Sen.
ate by vote of the Vice President he
would in 1879 ask that the chair filled