New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-04-28

Butler would be admitted, and then his vote
would keep out Kellogg.
The only possible solution Of such difficulty
was compromise which would result in the
admission of both men, and this is the conclu-
sion at which the Senate finally arrived. Now
in one sense it is true, as some of the Demo-
cratic Senators assert, that no agreement was
made to seat Kellogg as the consideration for
seating Butler; that Is to say, no such agree
ment was made in formal terms, and on the floor
of the Senate. But III another sense it Is not
true, for very distinct understanding on the
subject was arrived at in private conferences.
The arrangement made openly was nothing
more than this that the vote on Kellogg should
be taken at certain time, and the vote on Butler
an hour later; and 1t was Furthermore UNDER
stood that the two Senators should be sworn in
simultaneously, so that neither could vote
against the other. But this covered the whole
controversy, and amounted, as every one knew,
to a compact insuring the admission of a Rcpub-
lican from Louisiana and q Democrat from
South Carolina Mr.. Edmunds submitted the
proposal in the Senate, and Mr.. Thurman said:
l hope the proposition will be agreed to, and
l ask my Democratic friends on this floor to
"agree to it, and to trust to me that it will re-
suit in an arrangement perfectly honorable
and fair to both parties" When Senator
Menimon subsequently offered an amendment
to the Kellogg resolution, MIR. Edmunds objected
that it was a violation of the understanding
just made in explicit terms " to vote " fair and
square on the case, as Mr.. MeTimOn would
know if he had "heard the conversation which
led to - the arrangement. The North Carolina
gentleman protested that he had no intention
of violating the agreement" and his amend
ment was consequently withdrawn. Then the
understanding was carried out and Kellogg
and Butler were both sworn in together.
All these facts arc notorious. They can
hardly have been forgotten by anyone who
was in the Senate in 1877. Yet Mr.. Bayard
cooly declares that there is ono truth" in the
story of an agreement by which Senator Butler
obtained his seat, and thinks 1t Il gross charge
"tO be made on the authority Of an anonymous
newspaper" Mr. Bailey, of Tennessee, declares
that no such agreement was ever made" and
does not believe that there were any men in the
Senate so lost to honor as to assent to the al
legged arrangement. Yet Mr.. Bayard and Mr.
Bailey were both in the Senate Chamber at the
time, and they both voted under the arrange
ment which they say never was made. They
must have heard Mr.. Edmunds propose the
understandings" and explain that the under
standing OF Senators binds They must have
heard Mr. Thurman ask his Democratic frendstO
"agree to the proposition" and to trust him that
cit would result in an arrangement perfectly
honorable and fair to both parties They must
have heard Mr.. MerrimOn's amendment, per-
hitting SpOfold TO continue tho. contest, de-
z 4 i.
sc tiled " III explicit terms," and must be aware
tLat, after a reference to the conversation
which led to the understanding" Mr.. MerrI-
mon withdrew his amendment. The Congress
sional Record, from which we quote, is IAN
anonymous newspaper" it is true, but it has
sufficient authority, nevertheless, to convict MIR.
Bayard ana Mr.. Bailey of denying fact cstab-
lished by the official reports of the Senate.
Because the open agreement was not in express
terms bargain to admit Butler rs an equiva-
lent for the admission Of Kellogg, but was
only an agreement to reach that compromise by
taxing the vote at q certain time and i'll a GER
tain way, so that the two contestants might be
admitted together, i'll accordance with the eX-
phcit understanding settled privately i'll CONVEX
sation, these indignant hut somewhat theatrical
Senators assert fOrsOoth that there was mo
agreement" We must say that we nIe
ashamed of them-particularly OF Mr.. Bayard-
and we suspect that they are ashamed of them
selves.
1t is clear enough why some of the Democratic
Senators, familiar with the facts VIC have re-
hearsed, look upon the attempt to unscat Kel-
lOgg az a gross breach of faith and a precedent
fraught with mischief. What is the use of under
standings if " the understanding among Srna-
"tors binds only till one party has gained its
point and finds it convenient to rcpudiatc it's
pIedgcs7 What is the use of compromises and
pledges if one Of the parties considers them
valid only so long az it is too weak TO break
them7 And what sort of q future are VIC to
expect III Congress if, whenever the balance of
power passes from one faction to the other, the
new majority is to signalize its accession by re-
opening the contests already decided, in order
to turn men out Of the seats which they have
held for years under n formal Judgment that
they have a right to them. Mr.. Butler was adj
mitted only on the prima facie title presented
by his credentials, the validity of his election
not having then been investigated. But the
case OF Kellogg had been long and thoroughly
investigated, and with respect to him the resO-
luton declaring him entitled to the seat on the
"merts Of the case was formal decision of
the contest in his favor. If any respect is to be
shown to the final Judgments of an authOrlta-
tive tribunal, this ought to have closed the con-
trOvClsy, agreement or no agreement.
---
DEMOCRATIC NILES IND HOPES