The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1880-05-20

II
and crews OF the whslir "a parks Mount
Walleston and YlgiIabt, cow impr;s-
oned in the Arctic Ocean. The bill
was considered in the House as in he
committee of the whole.
Chalmers offered an amendment con-
strung the set of March 8, 1873, en-
titled sn act TO pace the colored per-
sons who enlisted in the army on the
same footing as other soldiers as to
bounty and pension, so SIS to extend its
provisions to the heirs OF such soldiers
IN their claims for milittr5 services.
The amendment was ruled out of order.
Chalmers appealed from the decision
of the chair.
Garfield suggested that the amend
meot should be withdrawn, and unan-
imously passed as 8 separate measure
when the pending bill had been dis
posed of, aud this suggestion wss
agreed to.
The pension deficiency bill then
passed withC u. amendment.
Chalmers then offered, as a separate
measure, the amendment which he had
offered TO the deficiency bill, and it was
agreed to.
WASHINGTON, May 1S.-SENATR -
Hampton, from the Committee on Mil
itsry Affairs, reported favorably on the
bill to furnish bronze statue of Dam
iel Morgan to Cowpen's Centennial
Committee st Spsrtsnsburg, s. c., and
| it was passed.
At the expiration Of the morning
hour the Senate resumed the considera-
ton of the Kellogg-Spofford resolution.
Mr.. Salisbury made long and eIab-
crate argument in favor of the resolu-
ton, and st its conclusion the House
resolution providing for adjournment
on May 81 was laid before the Senate
and read the first time.
Mr.. Conkling called attention to the
fact that the resolution was worded as
a joint and not as concurrent resolution.
He objected TO its second reading to-
day. II therefore lies on the table.
Morgan then proceeded to speak up
on the Kellogg-Spofford resolutions.
He thought 1t established that the Pack
ard legislature was sham, and that
the Nichols body was the true legisla-
ture OF Louisiana. Congress could not
80 decide upon the legality of legisls-
ture as to conclude the state from de-
Gliding otherwise for herself. All the
Senate could do in 1877, was to decide
that for that particular occasion Pack
ards signature as governor was suffi-
cient to be regarded rs prima facie ey-
ideDce OF the genuineness of Kellogg's
certificate. Afterwards the state de-
cided in favor of the Nichols leglsls-
ture, and that body was recognized by
all the world. The Senate, in tempor-
arily recognizing the Packard govern
ment, did not bind its own future &C.
ton in the seating of Kellogg, therefore,
did not bind anyone, not even the Sen
ate in executive session. Morgan did
not think the Senate should be goy-
erned by the rules that govern the
courts, but commended the illustra-
tlons he gave on this point to the atten-
ton of those who did not do 30. The
Republicans chiefly relied upon the
plea of res Gdjudicdta, but the consti-
tuition made the Senate at all times
judge of its own member, and gave the
states at all times the hight of repre-
sentation by the Senator chosen by
their Legislatures. Nothing could act
as an estoppel from the enjoyment If
their principles of res ddJudicata which
could only be applied In suits between
individuals, and not in cases sffectlpg
the rights of the states and the whole
people. Morgan held that in admit
ting Jonas as the Senator, the Senate
had recognized the Nioholl's legisla-
ture, and implicitly added that the
Packard legislature was not legal.
All the members of the House from
louisiana were elected with the Mich
oils government, and were seated
before Kellogg was. The action
of the Senate in seating kellogg
was void. 1t could not decide which
was Legislature. 1t could not inter-
fere with the interior government of q
state. The state could be known TO
the Senate officially only through Its
constituted government - its officers
and its laws. The Senate could not
rightfully refuse to recognize such gov
ernments. Il should act in harmony
with the other departments of the gov
eminent in recognizing the state gov
eminent of Louisiana. Whatever its
opinion, it must recognize the facts.
Morgan showed that the original in
quiry in this state was limited 10 the
title of each of the contestants. At
that time no charges Of corruption
were before the Senate, and it was not
proper for the committee TO entertain
such charges until the question of the
legal Legislature should be decided.
It is, therefore, impossible that Kel-
logg's innocence of bribery could have
been established by the former report,
or that be was entitled to seat on the
merits of the case. Further investiga-
tion has established his guilt. Mr..
Morgan did not think the former cases
decided by the Senate had established
the practice of res adjudicatG in Con-
gress.
At theeonclusion of Morgan's argu.
meDt the Kellogg-Spofford resolutions
were Informally laid aside until to-
morrow, when Butler will speak on
them.
After the transaction of some nnim-
portant business the Senate, at $40,
adjourned.
HoUsE-Covert of New York, chair
man of the Agricultural Committee,
reported back the agricultural appro-
priatiou bill, and the House went into
committee of the whole. Thereupen
Covert explained the provisions of the
bill and dwelt upon the Importance of
fostering the agricultural interests of
the country.
Aiken Of South Carolina, member
of the Agricultural Committee, spoke
in support of the bill, declaring that it
was time Congress recognized the i'm.
portance of the agricultural interest
and made liberal appropriations to en-
courage it.
Richardson of South Carolina ex-
pressed.a regret that the pending bill
did not provide for making the Office
OF commissioner of agriculture cab;-
net officer. He commended that the in
terests of agriculture were oppressed
by the tariff and navigation laws. Az
ter some further remarks by Kelly Of
Pennsylvania, the bill was read by sec
ton for amendments.
Young OF Tennessee offered an
amendment providing that $1,000 of
the tum appropriated for the purchase
of seed, etc., shall be expended in the
experiments for the improvement Of
the cotton culture. Adopted.
Without finishing the consideration
Of the bill the committee rose and the
House took recess.