The New York herald., 1877-11-29

cept m oton to amend the Journal or a motion per-
mission to his seat be extended unless by unanimous
consent beyond the expiration oi the morning hour
Mr.. EDxUSDs then read the seventh rule, a. fol-
iows:-
The presentation Of the credentials OF Senators elect
and other questions Of privilege sha Away. be n order
while question Of order motion 70 adjourn y pending,
while the senate Is dividing, and all questions and
srsdsnsais snaI proceeded Of by
Senate
Thurman) would see that under the seventh rule
questions OF privilege always in ordor exVpt NJ
the times named IN the rules.
Mr. THURMAN said IL was for the Chair 20 decide
between these two rules to which prevailed In 4
case OF this sort lhe eighth rule, coming after the
seventh provided that report OF a committee could
be taken mp in the morning hour except by uDanim-
Gus consent. However, the Chair could decide tho
matter, and any one dissatisfied with such decision
could take an appeal
Mr. EDMuSDs argued that the resolution for the ad-
mission OF Kellogg question OF privilege, and tho
rules never that the business OF the
morning hour should go on while Senator entitled TO
his scat stood outside The eighth rule was directed
to legislative business entirely, and stood in perfect
harmony with the seventh rule which referred TO
questions OF privilege
ton for the admission OF Mr.. Kellogg question
OF high privilege, always in order, why II laid over
tion when reported by the Committee on Privileges
and Elections on Monday? After some further dis
cussion the Vice President said he had no doubt In
his mind as TO which rule governed the matter.
The question was whether It was one OF privilege.
The Char thought 1t was question OF the highest
privilege, and therefore governed by the seventh
rule
Mr. THURMAN said in order that this question might
be decided now, he would take an appeal from the de-
csion Of tho chair. The Senator from New Hamp-
shire (Mr Wadleighl had perfect right TO move 10
take up the resolution but he mr. Thurman) appealed
from the decision Of the Vice President that single
objection did not prevent IL from being taken up IN
the morning hour under tho eighth rule
Ma wasrs aem o Maryans sna no devrod n 20
simultaneously with tho Senator from Now Hamp-
SHIRE mr. Wadlegh) for the purpose OF presenting
memorial.
The question beng shall tho decision OF the Chair
stand as tho Judgment OF the Senate, tho yeas and
nays were ordered, and the Chair was sustained
yeas 20; nays 2S, as toows:-
YEAs-Messrs Allison, Anthony. Booth, Bruce Burnside.
Cameron Of Pennsylyania uamsren Of w,sconain chas
iIoar. Howe, Jones e Nevada, Kskwooa IsM,lan Mat
dsss. speneer Teller and 4adeishsa ''"'
NaYs-Messrs. Bailey. Bayard. Beck. Coke, Cockore,
VIII q
ss Randolph ssnlsenry, thurman. voorhees,, Wallace.
whyte aud Withers-2s
Messrs Ferry Ingalls,, Window. Plumb, Sargent,
Blame and Hamlin, who would have voted IN the
affirmative, were paired with Messrs Maxey, RANSOM
Johnston, Armstrong, Eaton, Grover ana Barnum,
who would have voted in the negative.
Mr. Conover did not vote when his namc was 1rst
called but the conclusion OF the roll call he
IN his place and voted yca,' when there was slight
manifestation OF applause III the galleries, but II
promptly checked.
Mr.. DAVIS. und) of H., not in tho chamber
Tho vicE PRESIDENT having declared the decision OF
tho Char sustained, announced that tho pending
question was "Wi the Senate proceed 10 tho consid-
GRAFTON oil the resolutions reported by tho Committee
Privileges and Electionsp and they were read as
toll0ws:-
Resolved, That William Pitt kellogg is upon the merits
OF the lawfully entitled seat In the Senat. OF tho
unitea states from the state Of Louisiana for the term
that ne be admitted thero, taxing the proper oath
IN the Senate OF the unitod States
The rOli-ca was begun and two names called when
Mr.. Bayard addressed the Vice President
Mr.. EDxuNDs and others the repubi can side-I
object object; tho roll call has commenced and de-
bato Is not IN 0rder
The vote resulted-yeas 20, nays 49, Mr. Conovcr
voting with the republicans In the affirmative.
Sir. Davis, OF Illinois, and Mr.. Patterson voting with
the democrats In the negative.
TIM vICE PREsIDENr's CASTING VOTE.
Tho VIcE PRESIDENT sad the vote OF the Senate
being equally divided, the Cnalr votes in the ai rma
tive, and tho Senate Will proceed TO consider the
olutiun
Mr.. THURMAN moved to strike out all after the word
resolved aud insert THAT Al. q Butler be now sworn
us a Senator from the State or South Carolina''
Mr.. EDMuXDs said worry likely this amendment, as
well as the original resolution, would lead 20 sUme
debate Tomorrow being Thanksgiving Day left only
two working days tor this session. He therefore
proposed TO have some understanding, SO as to he
vote tho KelloggSpoford and thcn TO vote on
the Butler -Corbin case He was not disposed un.
necessarily time ana did not want either of tho
cases to 20 from this session He therefore
suggested that an understanding be had that vote
be taken on tho Kellogg case Friday next at ono
O'Clock r. M. and upon the Butler Saturday next
at clock. daughter on tho democratic sidc.)
Mr.. IHuRMAN sad there had been gentleman hero
SO long that the Senator iron Vermont seemed to
have forgotten his existence. That gentleman was
Mr. Eustis, claiming q seat from Louisiana He had
been here without competitor twenty-five months.
Mr. CoSKLING, (rep) OF N Y.-Has it been reported
from the committee YETI
Mr.. THuRMAN-NO and Heaven only knows whom
IL will be. (I.aughter.l
Mr.. WApLEIGH, Chairman Of tho Committee on
Privileges Elections, said report In the Eustis
case would be made at TINS session.
Dir. HoAR, (rep OF Aass, member OF the Com
mittee on Privileges and Elections, said he tor one
had in favor of speedily reporting the Eustis
case and he believed II would have been be-
lore this tmc had not Mondays session OF the
Senate been continued long, as the committee had
prevented IRON meeting by the long session Of
the Senate
Mr.. SALISBURY (dem) OF Del, member Of tho
mtce OF the 18th inst. to take up the Eusts but
the committee refused to do 50 and adjourned Tor
week. The committee moved In such mysterious
way that he could not venture to predict when The
Eustis case would be reported.
Mr. MITCHELL, (rep.l OF Oregon, said the weeks ad-
journmcnt OF tho committee referred to was
OF the death of Senator Morton, It's chairman.
Sir. THURMAN said hc had only word TO say In
reply to his friend from Vermont tar. Edmunds) IN
regard to having understanding about reaching
a vote, and that was that as soon as the committee
should make a report the Eusts case be would be
ready vote upon all OF them and do what he could
to influence others 10 do so.
Mr. EDMUNDs-Then we had better go ahead now.
MI. SAuLsDuRY SAID he aid not make the motion In
committee to take up the Eustis Case until after the
death OF Senator Morton, and when he did make the
motion to take IL 6 the Senator from Minnesota (Mr
McMiIIan) Immediately moved that the committee ad-
journ, winch motion was agreed TO-
MIR. HILLS spEEcH.
MI. HILL. (dem) OF Ga, said tho committee had
worked hard but IL his opinion the Ensls ght
havo baen disposed OF before this There
test and serious ono on the Kellogg spolord case,
and also u contest In the Corbin-Butler case, bus
In tho case OF Eustis there was no contcsi,
and thoro was reason why IL should have
been disposed of before these contested cases.
Mr. Eustis had no contestant He came from State
having no here to speak for her, and why should
he DO excuaed, while Qentcmen, Tor certain reasons,
in sstod upon ulsposng oil other cases rstY He must
say without reference 10 party, that II wrong
delay his admission. III II was the desire OF she Sen
ate to do right 10 do justice, why not by
consent agree that the Eustis be considered and
tnat hc be sworn I'M Delay unjust 10 tho State,
unjust the senate and unjust to Mr.. Eustis. The
comm ,ttee was ready 10 report now.
Mr. WADLEGH inquired II The subcommittee In tho
case had held u meeting
Mr. HILL replied IN tho neaatlvd but said the com.
miltco had nearly agreed, or majority had, and ho
had no doubt unanimous asrec,ncnt could soon be
reached.
Mr. MITCHELL argued that there was contest In the
Eusts cuse. aud very serious question vi
law IN IT ns whether there WAS IA vacancy Ia the
senate at the he was elected and there stl