The daily gazette., 1877-11-23
[From the N. Y. HERALD
From Washington.
THE STRUGGLE FOR THE con TRoI,
Xiii .l..a. OF THE SENATE. llIT -
A LONG FIGHT AND A DRAWN
BATTLE. -

bAIILE,
| WASHINGTON, Nov. %, 1877.
THE FIGHT IN THE SENATE OVER THE
i,.. BUTLER CASE. o..4J ID
Affairs are slowly coming to. cuose
quarters in the Senate. To-day was
spent in struggle by the republicans
to avoid the Butler case. ME-. IHoar's
motion 70 LAY, the Butler resolution on
the table was beaten, democrats, 80 re-
publicans, 80. ME-. Edmunds then NOV
ed to insertIthe naMe of Kellogg in place
OF Butler, and this was beaten, demo-
Gratis, 81; republicans 30., Next Came a
motion by Mr, Conkling to postpone the
consideration of the subject, which waa
beaten, democrats 80, republicans 80.
Then a motion by Mr.. jEdmunds tom
sert Kellogg and Spofford q With Corbin
and Butler in the resolution was beaten,
democrats 32; republicahS 80. Then a
motion to postpone the matter until
Monday was defeated, democrats 3I,re-
publicans 80. Finally came a motion to
adjourn the Senate until RMonday,G on
which therelwas a tie. Mr Oenoyer, who
had voted with the democrats, until the
previous motion, when he did not vote
at al now voting with the republicaf1sI
The Vice President thereuponS gave his
nrstl casting vote, to save his party from
further humiliation. Senator Patterson
voted throughout with the democrats.
Except PATTERSON and Conoyer, the re-
publican Senators voted solidly. They
got no thanks for it, for Mr.. ConkIing
openly ta1nted them, saying he had
heard some whisperf of "holy alliance."
and he insisted ON a vote in order to see
whether there was truth in these re-
ports. He is evidently. determined to
see whether any republican Senator
dares to mutiny against his commands.
Decision Under The Tenure Of Office act.
In the Judiciary Committee Mr.. Ede
munds to-day held that in ease where
a nomination made to the extra session
in March was not confirmed the Presie
dent could not renominate after the adj
jourhment, but under the Tenure of Of.
flee act the Office remain ed in allegiance
and no one was permitted to exercise it
or to draw pay. The case was that of a
United States marshal ia West Tennes-
see.
.r.rh Mr.. SmalEs Case. . aat
Mr.. Knott to-day received the certi>
fed copies of the court, records atCor
lumbus, S. G. in the case OF Congress-
man Smalls, which will be submitted 10
the Judiciary Committee at its meeting
tomorrow. The lawyers. who have ex-
amined them say that there has not
been the slightest Infringement upon
the rights of the House, and Mr.. Smalls y
will be allowed to remain in custody of
the authorities Of the State. This will
create vacancy which must be filled
by new election .i..,i sN JtN -. lY.t
Democratic. members of. the House
Committee on Pacific Railroad held a
to-day and reported to
Speaker Randall that they preferred to-
the committee themselves. Mr..
pottaa. hu uty o. Ataat n n.
man they thought it was courteous to
them to leave the selection of the pref
siding member of the committee to the
other members. Mr.. Throckmorton did
not attend the meeting. 1t is understood
that the democratic and republican mem
oers on the committee in favor of the
Texas Pacific Railroad. and one demo-
,ratic member opposed to it, will vote
'or Mr.. Throckmorton for chairman.