The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-12
THE sPOFFORD-KELLOGG CASE.

THE SPOFFORD-KELL0GG CASE.
The Republican newspapers affect deal
OF virtuous Indignation over the action OF the
United States Senate In reopening the Spo1-
ford-Kellogg case-a feeling, BY the way,
which quite q number Of Republican Sena-
tors are reported not to participate In to any
very violent degree. They attribute the &C
tion Of the Democrats to the basest OF partl-
san motives, prompted by the most absurd
and exaggerated apprehensons In regard 20
the control Of the Senate two years hence. 1t
is noticeable, however, that none OF the pa
pers that indulge III these scandalous impu-
tations have taken the trouble to show, even
to their satisfaction, the facts and figures
upon which they base their hopes Of recover
ing control Of the Senate, or which are calcu-
lated to attach, In the estimation Of the DEM
ocrats, such immense Importance to single
vote In that body. When good and substan-
tial grounds are shown for such fears, the
imputations will be worth considering, but
not till then.
This case, argue-or, rather. assert these
journals, Is res adjndicata- judgment has been
formally rendered, and Judgment OF the
Senate should be as final and conclusive In a
contested election case as any that the Supreme
Court might render. To this doctrine we
heartily subscribe, but the facts to which 1t is
sought to be applied In this case, as stated by
these papers, we just rs strenuously deny. It
is a notorious fact that Kellogg was seated on q
purely primd fdcie case, without any investi-
cation whatever Of the merits Of his claims,
such as must always precede formal and
final act OF justice, and without any other
formalities than attend the swearing In and
seating Of O properly accredited member
pending contest.
The Democratic Senators will not be de
tered by any such flmsy plea as this from
doing entire justice in this matter. They will
not only show that Kellogg was never law
fully elected, and that Judge Spofford was,
but that Kellogg has not even the shadow Of
title usually given by the fact Of being In pos
session Of proper credentials, that he never
held any such credentials and had, In reality,
not even prtma facie claim to his seat. 1t
will be shown that he was elected by Legis-
lature which never was organized and never
had a legal existence and that s. B. Packard,
who signed his credentials, was never Gov
ernor OF Louisiana, either de fdcto or de jure,
and, consequently, was never authorized to
accredit him to the United States Senate. It
will furthermore be shown that the Legisla-
ture which elected Judge Spofford was recog-
nlzed as the only lawful Legislature OF the
State, and that Gov. Nichols, who signed his
credentials, was the de facto els well as the de
jaue Governor.
Kellogg had no more claim to @ seat In the
United States Senate than he has to the
throne Of the Grand Turk, and to permit him
to remain there, would constitute denial
of justice too gross and palpable for qualih-
cation. Kellogg knows this as we'll as any
one, and had be the slightest decency or
modesty, he would decline any longer to set
up claim 80 wholly unfOunded.
The Republicans are also very fond OF refer
ring to the Butler Corbin case, both as pre-
cedent and as an illustration Of their own
generosity and rare and scrupulous regard
nate for them In both respects. AS prece-
dent 1t has no application, for the reason that
Gen. Butler was elected by a legally organ
lied legislature and bis credentials were
signed by the lawful and fully recognized
Governor of South Carolina; and for the
further reason that his case was investigated
and adjudicated after full hearing.
Theformalities Of a trial were gone through
with, which has never been done In the Spot
ford Kellogg case The claim that he owes
his seat to the generosity Of the Republican
party is equally baseless and impudent. As
an organization that party did everything In
Its power to put him out and give his seat to
Corbin, whose claim was quite as good o one
as Kellogg's. That the scheme failed Is not
due to that party, but to the fact that two or
three individuals belonging to the party re-
! fused to participate in such bare-faced
fraud. It was not party generosity, but indi-
vidual conscientiousness, that prevented Gen.
Buffers ejectment from his seat.
But, however this may be, Gen. Buffers
case has nothing to do with Kellogg's, and
the duty Of the Senate to investigate and
honestly and fairly pass upon the legality Of
Kellogg's election and tenure, cannot be af-
fected In the slightest by 1t or any OF the cir
cumstances Of party generosity or Individual
honesty connected with it, This is the sole
question for the Senate to pass upon, and
upon that question there can be but one
opinion.
MODERN MACHINERY FOR SUGAR.
A few days ago there arrived In this city,
en- route for Louisiana sugar plantation, a
fine vacuum pan, Ewith mixer and centrif-
~ MI -.