The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1879-05-15

The House bill to prohibit military interference
in elections was read twice, and by a vote OF "a
against 81, the Senate disagreed to the motion OF
Mr.. Ednunds to refer 1t to the Committee on the
Judiciary.
sPOFFoRD KELLOGG CONTEST
Consideration was then resumed of the resolu-
ton asking for authority to take testimony in the
contested election case Of spoford against Kellogg
and Mr., Carpenter continued his remarks in sup
port OF Kellogg's right to the seat.
Mr.. Carpenter (Rep Wis., argued that where
an officer or tribunal clothed with auth ority has
made due examination into the case before it,and
pronounced judgment or determined the matter,
that is an end Of the question II this were not so
there would be no end to litigation, The duty OF
the Senate, he contended, is judicial, and the Sen
ate must perform its duties in judicial sense.
The resolution ought not to pass becauseJthe Sen
ate had no jurisdiction over a matter already de-
cided.
in the memorial presented early in the session,
that very recently he had discovered new and
material evidence which made Kellogg's election
null and void, because he had personally used
corrupt influences to procure 1t. II this be true
It could not be said that Kellogg possessed the
qualifications Of Senator within the meaning OF
the ConttitBtion, for man who obtained place
by bribery and corruption had no such qualifca'
tion as would entite him to seat In this body.
The subject under the circumstances stated, was
always subject to investigation until 1t was finally
decided, and there was nothing to preclude
the Senate from taking action upon the mem
orisl.
Mr.. Salisbury Dem, Del0 said-In the presen'
tation of this resolution the Senate was antagOn'
lied by the Senator from Massachusetts (Hoar)
declaring the question had already been decided
by the Senate on its merits in favor of Kellogg.
The committee had been charged by that Senator
with "pretence," by the Senator from New York
(Conkling) with scheme" and by the Senator
from Wisconsin (Carpenter) with the spirit Of
revolution" He (Saulsbury) in replying to all
the charges and insinuatons said the committee
furthered no scheme, no pretence no spirit Of
revolution, but simply asked authority to take
testimony in order to lay all the facts before the
Senate for intelligent action and TO conduct the
examination in the interest Of truth and fair
ness.
Mr.. Edmunds Rep VT submitted an amend
ment to the pending resolution authorizing the
committee to take testimony only so far az relates
to any charge of personal misconduct on the part
of said Kellogg that may render him liable to
expulsion or censure,
He wished to condne the investigation to this
point because the question Of Kelogg's right to
q seat had already been determined on Its merits.
He did not deny the power of the Senate to reverse
to reverse this decision. He did not deny the pow
er of this body to pass resolution saying the
Legislature OF Vermont did not elect him ed.
munds), and the next day saying that it did. He
was to-day Senator and tomorrow not sena.
tor according to the caprice Of the Senate. This
body had power to do this because 1t could do as
1t liked but it would be mOnstrous and fsgrant
violation of duty to exercise power in that way
SO it was here. The resolution declaring Kellogg
entitled to his seat might have been considered
on motion of Senator who voted in the majority
and then rejected. But the rules required that
such action must be taken within fixed time,
and any body OF men who violated the fundamen.
tai theory Of having decisions of this body Ievers
ed and changed otherwise than by fixed and
pre- edeut law, were taking step most dangerous
to justice, liberty and good government
Mr.. Elmunds's amendment was rejected-yeas
20, nayP27.
MORE AMENDMENTS VOTED DOWN,
Mr.. Conkling (Rep. N. W submitted an amend
ment to the pending resolution providing that in.
quiry shall be confined to matters alleged in the
memorial of spofford; to be new and differen
Al byr I,,lt
Disagreed to-yeas 20, nays 27,
Mr. Hoar (Rep. Mess submitted an amendment
to the resolution as follows "Aud Faid committee
are further instructed to inquire and report
whether bribery or corrupt or unlawful measures
were used to secure the alleged election of Spot,
ford the memorialist"
Mr. salisbury Dem Del) said he was instruct
ed by the committee to accept the amendment.
En- Edmunds offered an amendment recogniz.
ing the validity and fnslity of the decision which
secured Kellogg his seat.
Disagreed to-yeas 20, nays q.
Mr., Logan (Rep, Ill) offered an amendment
empowering and directing the committee further
to make inquiry whether any unlawful or corrupt
means were used TO disorganize the legislative
body that elected Kellogg, SO that 1t might elect
SpoffOrd the memorlalis
Mr.. Conkling (Rep. N. " briefly supported the
amendment.
Mr.. Voorhees, Dem. Iud) asked him whether
the inquiry might not reach the President,
Mr.. CcHkling replied that in discussing ques.
tIon of this importance, they were not to consider
what individuals or persons might be affected,
and expressed his surprise that the Senator
from Indiana should be opposed to the amend
ment.
Mr.. Voorhees, said he was satisfied the Commit
tee on Privileges and Elections would do justice
without the coercive measures proposed by the
amendment. The committee did not desire die
tation from the opposite side.
Mr.. Logan in advocating his amendment. said
that inasmuch as the Democratic caucus had over.
looked the matter, and had no design to cover up
a fraud he thought there might be complete ex-
animation In order TO see whether bribery or cor.
ruptiOn had been used by Democrats to break up
the Legislature that elected Kellogg, and enable
them to organize one to elect Spoford the me NJ
orialist.
Mr.. Blaine asked the Democrats why they did
not look at the other side Of the question. Why
did they shlrk
Mr. Eaton (Dem Conn., said they would not
shirk, but would vote down the amendment,
Mr. Voorhees, said Mr.. Blaine had many set
phrases employing cowardice and fleeing away.
Let the Senator dismiss them forever. None on
the Democratic side were Sinking. The Senator
should apply his plantation manners in the tark
part Of Msine. The Senator also made use of
terms which implied inferiority and want Of
and manliuess on the part of otherg
While implying superiority for himself, with per.
sonal regard for the Senator for long years, he
would appeal to the Senator to dismiss those set
phrases from his vocabulary. The Senator with
his high dashing spirit arraigned the Democratic
side Of this chamber cause they would not sup.
port the amendment Of the Senator from Illinois
(Logan) while they had, by agreeing to the amend.
ment Of the Senator from. Massachusetts (HOar)
covered the entire ground of that branch OF
inquiry. Would the SENATOR show what was
left2
Mr.. Blaine read IoOanis annandment IN show