The New York herald., 1877-10-27
GENERAL WASHINGTON DISPATCHES.

WAstINoToS, Oct ~, 1871
THE LOUISIANA SENATORIAL coNTEsT-vIEws
OF THE RESPECTIVE CONTESTANTS AS TO THE
SCOPE or INVESTIGATION THE COMMITTEE
SHOULD TAKE.
The Senate Committee on Privileges and Elections
mot this morning receive writton statements o the
Louisiana contestants TO seats in the United States
Senate Messrs. Sporord and Kellogg giving ther re-
Spectve Vows ~ TO the scope OF investigation tho
committee should tske Acting Chairman Mitchell,
after reading the resolution adopted by the committee
yesterday, requesting written statement from each
OF the contestants 10 what evidence, any, they
desired to present In their respective cases. inquired
If the gentlemen prepared to furnish such In
formation, TO which they both replied In the afarma
two Senator Hoar thereupon offered the following
resolution, which unan nkmously agreed to-
Resolved, That the contestants ne their respective
tatements with the clerk IN order that An opportu-
nifty be gvcn zach gentleman TO examine the state
ment OF his opponent and prepare, II desired, any
reply thersto ana In order to allow time TOR this the
committee adjourn for one hour.
whereupon The committee adjourned until half-past
twelve O'Clock.
The committee mot promptly ~ haif.past twelve
O'Clock, and the statements OF the respective con.
tsstants were Immediately read, that Of ME- Kellogg
being the arst, In which he says-
l. OF course assume that II ID not within the powor
oil auy claimant ntestant for seat IN the Senate
10 waive any degree control the rights OF q Stac
to her duly chosen representative In tue Senate aud
that the committee understands tho matter,
and that the committees request Tor state.
rnent OF the evidence which the coHtsssints
that tho CON mt.ee VIII suler our requests any do
gree the committee the Senate In regard
70 the range which viil be given TO this evidence.
Still notwithsanding, IN making this reply assume,
as have just stated, deem It best " avoid all
biity Of misapprshenslon as TO this the gravesI mat
ter involved In this contest and in order to exclude
the appearance OF waiver on my part OF tho rights
OF Louisiana 10 her representation IN the
A' Of my election % and Of 'ss the evidence ,hereof
which 10 In tho possession OF the Senate,
desire to place at the beginning Of this ropiy tho
that the substantial merits OF this tested
claim TO the seat and the question which or whether
either OF the Two rival bodies claiming 10 DO the Legs
lature Of the State In January last, when elected
the true and lawfu Legislature, are concusvey de-
termined under ts constitution and laws o Inc United
States aud Of Louisiana by the record aud the evi-
dsnce which THESE laws carefully supply 70 the Son.
ate and that IN my cass as IN the case OF cvcry other
member Of the Senate-when revolution or disorders
In the state have deprived the State and the SEN
ate OF this, the best and the conclusive evidence,
both OF the existence Of lawful Legislature and OF
his election TO the Senate Of the Uniied Statest
lawful Tor the Senate OF the United States TO pass
by this highest anu conclusive evidence 70 supplied
for the purpose OF trying In the Senate who were
elected 10 the Legislature. This thing is conaded to
tho States themselves, to be determined through their
returning officers In the rst instance and thereafter
be determined by tho houses Of the Legislature,
duly organized by those who hold the prima iacie
dsnce Of the right 20 compose sucn houses By such
laiure OF the State" was, the 10Th day OF Japu-
ary as duly elected 70 the Senate aud the recorded
evidence OF that election, now IN possession OF tho
committee, Is the same which is enumerated In my
letter the committee Of the 22d inst To this
mcration beg leave to refer containing a state
ment Of what deem the only com pstent and coucu.
sive evidence IN this case, and which establishes my
title 10 the seat both prima faco and ON the suos'an
thai merits II, however, the committee should hold
that this view OF mine Is not tho trae and
that the duty OF the committee. silner owing
the violence and revolutionary disorders which
sailed the government OF the Staes from any other
cause, requires the committee 70 into matters be-
~ ola .n an" ~ .hs sa,sntn,s vbich sds
then shall ask The committee 10 60 TO the bottom OF
things shall ask the committee 70 Investigate and
decide who were entitled TO compose The Legislature
and Executive OF louisiana, as dctermined by the
election OF 1876 after elm mating that election
ana its all the consequences OF those offences
against y Tree aud pure election which prohibited
by the constitution aud laws OF Louisiana. add be-
low tho most definite statement as 70 what evidence
will ask the committee 10 take the event shall de-
termine that the decision Of tina case upon Its sub
santia merits requires the committee decide those
Questions which are made by tho constitution
and laws Of Louisiana bs detsrminable in the nrst
instance aopo by the returning officers of Louisiana
aud deermipabe ultimately by inc houses OF the Leg
isiature which composed oil those and those only
who found entitled to seats therein by the cert-
Gates ol the returning onicsrs Of the state In the
event the commttec's adoption OF that range oil
qulry just stated shall the committee to'invest.
gate and report upon the following mattsrs:-
Frst-The vlolence and other revolutionary and un-
lawful and influences resorted 10 either prevent
the ORGANIZATION OF the Legislature ny which was
elected 10 deprive eher branch thereof Of quorum
before at the time, or alter my said election " the
Senate.
Second-The violence and other revolutionary or un-
lawful acts and Influences resor.ed TO 20 deprive Of
their Offices the executive ana Judicial officers oil Lou
sians belonging 10 what 10 known the Packard gov
ernmenL
1hivd-Ths acts resorted to 10 secure the organiza
tion iswhat 10 known Az the Nichols Lsgislslurc
and the instament and continuance In power OF tho
Nichols Executive
nd afTa In
election louisiana 1S70 OF those offences against
the Election laws, which enumerated in laws
ana especially In shc swensyn1'h section OF 'he Act
FVut-The action OF the Returning Officers In
voted ior' ~ the election OF November ls7d In tho
State oil LOUISIANA
shall also ask, In the event that the committee
shall decide 10 90 behind the record evidence which
have alluded, that The testimony taken W the CON-
mittee OF the Senate, OF which Senator Howe was
chairman. IN 1871. may oe ordered by The senate 70
respectfully, WILLIAM 7. KELLOGG.
Mr. Sporord. In his statement, says, protesting
that evidence beyond his credentials and tho HIS
torcal facts OF which tho Senate Will take Judicial no.
tics is required should pe demanded, and in obo
dsnco tho orders resolutions Of committee
he respectfully proposes 70 prove
Ftrst-That BY the actual returns collected by the
parish Supervisors OF registration iron tneir ap
pointees tho commissioners OF oections showing The
actually in the ballot boxes at the close OF The
eicctlon on Tue I'm oey oil November.
1870 appears thai enough OF The senators and Rep
resentatvcs received into the Packard Legislature
upon the certificate OF the socailsd Returning Board
defeated At Tho polls 10 show that there ne ycr
was from nrst to last, quorum OF elected members
In either branch Of the Legislature.
Second-Ihat VIII Steven, the holdng-ovcr Senator
adhofing TO the Nichols Legislature, WAS sptured nd
taken by duress against his process into the Packard
senate Chamber ON tho lst day January, 1877, and
kept thers ny durcss ana against his protect The reu
ing TO participate IA their action and their
authority as senasel just for the purpose OF swear
ing members OF tnat pretended Senate Messrs
Baker ana Keso, who hao not only been defeated Mt
polls candidates Tor the Senatc but were 10 re.
poricdby the Returning Board, and tner competitors
were actually elected and admitted 80 10 bo by the
Returning Board, and sat members from their re-
spectve senatorial districts In tho Nichols SCI ate
throughout session, that there was no contest
notice OF contest overheir seats but the seat
ing OF Nessrs Baker and Kclso entirely unlaw-
ful, incxcusaDie aud OF no effect.
In continuing his statement Judge Sponord says tha,
the actual returns statements made In duplicates
by tho Supervisors OF Registration with their ap-
poiniees tho Commissioners Of Election, and sent ono
the clerk Of the dstrc, court OF each country
parish and to tho Secretary OF State In the city, and
tho other set to the Returning Board ao-called