The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-11-29

vote on tho qualification of members of this
body, and If any member was seated here upon
such O vote he should protest against 1t and
as to his reten ion. If he should live till the 4th
or 9Th Of March 1919 he would move TO AL that
e' the aon o S q he Vice Presden es IN vong to
seat such y. ember was illegal and null and
void. Il the Vice President should asrogate to
Mr. gdmun1s THAT is The constitution Of the
Untted States, to the contrary Notwithstanding
Mr Emat2nuAhi m my friend fr3m r. Vermont m Is +
gets through with this question that there is
another side OF the story. He would not argue
beors s SENATE oY but ns aa n. he afe
me- gonk!ips X M said If The a4eston s not the
ton is not lost when the Sen to Is evenly
DIVIDED If the Vice President does not vote
will the Senator tell US when a question does
arise in which the Sena IL evenly divided In
the M anng Of the constitution.
Mr.. En- on-l said was not arguing the aues-
MIR. Edmunds--That we can see plainly
enpugh
Mr.. Thurman said the case was as much be-
fora the Senate now as 1t could be. IT. was the
duty Of the Vice President to vote when he
Senate was evenly divided. nnd the Vice tres-
dent ought TO feel compelled to vote: and II he
felt like voting aye he would vote that way. III o
had rail- ed the point that he Ia light to vote
on the uuest ion deciding as 10 the qua itehtons
OF member, He b lievoh tn question was as
much before the Senate as ii ever will be, but as
the object for which he raised the point had
been allowed. he would Withdraw it.
,!,ht ~ naa, b vote to sha,ave tb aen.t ns
evenly divided, and. ms Mt present advised, he
should on al occasions exercise that right in
his q RCtetiOn
Mr.. salisbury sent up u preamble and resolu-
ton setting forth that in the minority report
OF tho Committee ON Privileges and Elections
certain facts were set forth which Mr.. bpoffprd
offer. d 10 prove If allowed time to do SO: there
fore be 1t
Resoired, That the report of the committee be
,t,,if ftnI fat han tttr,tt inn
Mr.. saul bury claimed this rs OH act of JUS
tice TO one Of the claimants.
Mr.. Wadleigh thought its reference was un-
ne essary. as Mr.. Kellogg had admitted what
Supt1ord claimed
Mr. Hi 8 id If the Senate should refuse to
adopt the motion 1t would be the most grisvous
wrong to ono Of the contestants. Mr.. Spoffprd
had made distinct and specific charges uf fraud
against Mr.. Kellogg tha, he was guilty of fraud
in that he caused ertain members Of the Legs-
lature to be counted in r the sole pur;,
pyse Of having tue. Legis ature so formed
q to elect him tMr. Kellogg Senator of, the
TO dby Mr.. spofford that ho could prove this and
was willing to prove tnat kel losg cam,e into n
session ant caused that board to count in eight
members of The House ana three of the Senate
g ~ to iotm q Legislature in such maunsr
to allow MIR. spoff,rd to do this aud
It wGa {, be grYsB outage t? re ref4se =, - to
Senate would allow these facts to be proved. the
senate would not seat Mr.. Kellogg for it would
mt he was mah entrS'y :, unfit for seat
peatihg in different forms the same charge Of
fraud agains,. Kellogg. and the Importance Of
allowing Spoifvrd tr prove them. He blamed
the committee. If they, could be permitted to
show the illegal acts and frauds Of Kellogg. tho
senate would MT vote to seat him.
tween Hill and Mcmillan, Hoar. Wadleigh and
others. during his sueeoh, most relating TO the
action of tue committee and the allegations of
fFn iih hi mad ttty, tad
Mr.. Wadeigh said the whole matter was aim
BY the o 0fGs he
Field committee, the Sherman committee and
the McDonald c2mmittte. ana Mr.; spofford did
been brought before the committee. and
there was no assumption that anything
more could be proven. Mr. Kellogg AIDED
time when he supposed. and every one sup
posed, that 1t was being done for the
Of f. pg ba the ~ pTo61
claimed hat Mr.. suotIord had had every op-
p9runity t9 an make enn up his msMi, G2Se .,
action taken. and whaE spofford had aii, offered red
to prove, aud both. claimed that all tn It
npotl,ord charged had be n thoroughly nvesti-
Messrs. Hill and Hoar enter d into n contro-
vorsy aa TO what occurred in the committee oc-
cupying much time but elicting no new points.
=, Al ten minut IS to e Mr.. Conkllng moved that
the Senate take a lecess till hall past g.
Mr.. Patterson moved to amend by adlournng
till to- morrow at II m.
The question on adjournment was put and
decided carried.
A division was demanded and resulted: Yeas
&C. nays 81.
Mr. Edmunds demanded the yeas and nays,
which were ordered, and resulted: Yeas 30,
nays 27. and the s nate adjourned.
The Democrats all voted for adjournment
and nearly all the Republicans against it.
swearing In Kellogg-Thurn,ans Point.
WASHINGTON. Nov. 2s.-The Senate has lust
decided hy one. majority to swear in Kellogg.
The Vice President cast the deciding vote.
Thurman has now raised the question Of the
right of the Vice President to vote n this case
The Presidents Message.