The Worthington advance., 1880-03-25
FORTY-SIXTH CONGRESS.

WASHINGTON, March Ex-senator Davis, OF
Illinois, presented the petition of $50 butter
makers of Illinois, praying legislation to pro
tect the public against the sale of oleomargar
inc as butter. Referred
Senator Allison presented a petition Of mer.
chants and manufacturers of Davenport, la.
for the passage of a bankrupt law. Referred.
Several petitions were presented and referred
asking removal OF the duty ON materials used
in making paper.
Senator Mcdonald. from the Judiciary com.
mittee reported favorably on the bill to au.
thorize Ohio, Indiana and Illinois, respectiye-
~, to commence to prosecute suits against the
United States in the supreme court of the
United States. Placed on the calendar.
KELLoGd-spoFFoRD.
Senator Hill, (Ga.) from the committee on
privileges and elections, reported the following
resolution:
Res0tTed, That according to evidence now known
legislature OF Louisiana to seat in the Senate FOR
the term beginning March 4, 1877, and is not en-
titled to eeat In tho same.
Eesotte0, That Henry NJ. Spofforl WAS chosen by
the legislature of Louisiana to seat in the Senate
for the term beginning March l. 1877 and that he be
admitted to the same on taking the oath prescribed
by law.
He also submitted report in support of the
resolution, which he asked to have printed.
Senator Hoar stated he was instructed bv the
minority of the committee to submit their
views and as they were short, he asked leave
to read them.
Senator Hill had no objection provided he
was allowed to read the majority report.
MINORITY REPORT.
Senator IIoar read as follows: Tho UNDERSIGNED
minority of the committee privileges and elec-
tons to whom was referred the memorial of Henry
NJ Spoffo.d, claiming the seat now occupied by VIM.
Pitt Kellogg, submit the following as their views
On the 9th day Of November 1877 the Senate passed
the following resolutions
Resoiced, That VIM. P. Kellogg is upon tho ner-
Its OF the case entitled to in the Senate from
the State Of Louisiana for the term of si1 years.
commencing the 4th Of March, 1877 and that he be
admitted thereto on taking the proper oath
Resolved, That Henry NJ. Spofford is not entitled
to scat i'll me Senate of the United States.
The arty majority in the Senate has changed
since Kellogg took tho oath of office In pursuonce 81
the above resolutions. Nothing else has changed
tho facts which tho Senate considered and deter
mined were in existence then as now 1t is sought
to thrust Senator from the seat which he holds bv
virtus OF the express and deliberate final Judgment
OF the Senate the act which is demanded of party
LII jority woull be in our Judgment great public
crime. 1t will be- if consummated one Of the great
political crimes in American history, to be classed
with the rebellion, with the attempt to take posses-
with the overthrow Of State governments in the
South, of which it is fitting sequence Political
parties have too often been led partisan zeal into
measures which sober judgment might disapproye
but they have ever respected the constitution Of te
Senate. Men whose professions of returning
loyalty to the constitution have been trusted
by the generous confidence Of the American
people are now 10 give evidence of the sincerity of
their vows. The people will thoroughly understand
this matter, and will not be likely to be deceived
again.
Ne dou'. think proper to enter here upon q dis.
cussion of the evide by which the claimant of
helogg'- seat seeks to establish charges affecting
the integrity Of that Senator. Such evidence can be
found i'll abundance in other great ties. It is not
Mt to be trusted in cases of vast amount of pro-
perty, much less tho honor of an eminent citizen,
to affect tho title of seat in the Senate This evil
dence not only unworthy of respect credit but
it Is in many instances wholly irreconciable with un-
disputed facts, and Kellogg has met AID overthrown
Signed, Geo. F. Hoar. Angus Cameron, John A.
Logan.
THE MAJORITY REPORT.
Senator Hill then said that as the Senator
from Massachusetts, had insisted on reading tho
minority report, he Hill, thought it due to the
country he should read the majority report, for
there was nothing more desired by the maiori-
ty than full publicity and diffusion of the
facts in the case. He then stepped down into
the arch before the presiding officers desk and
faced the Senate, proceeded to read the report,
which is very long, occupying an hour and a
half in the reading. The report says:
In the opinion of your con mttee the evidence
now for the first time fully taken clearly and abund
antly establish the following facts:
FIrst-That sail VIM. titt Kellogg, then holding
the office of governor OF Louisiana and pending the
canvass in said election in 1876 did conspire with
divers persons, and in aid OF such conspiracy did
frauduently use the influence and power OF his Of
flee as governor to prevent a fair free and legal
election in said State to the end that he might pro-
cure from the commissioners of election the return
OF legislative maj ority whose members should be
OF the Republicaa party and presumed to be faycra
Dle to his election to the Senate
Second-That having failed in this, said VIM. PITT
Kellogg, then holding the Office Of governor, did
conspire with divers persons, and in aid of
such conspiracy did fraudulently the influence
and power OF his Office as governor to change The re-
suit as returned by the commissioners OF election to
the end that he might procure through false certi-
Gates OF elections. the organization Of pretended
legislature, majority of whose members should be
Of the Republican party and supposed to be favor
able to his election to the Senate.
Thlrd-That said Kellogg did conspire with divers
others to prevent, and by force through the Metro
did prevent lawfully elected members of the legisla-
ture, and especially those of the Democratic party
from assembling in the halls of the Senate and House
of in the State house OF Louisiana and
ey and by other corrupt practices compel and induce
to assemble IN said balls respectively, mob of his
conspitators against the will Of the eope of Lousi-
ana, many Of whom had not been elected and some
Of whom had been neither elected nor certified, to
the end that he might procure a pretended legisa-
tore for the Inauguration Of Stephen B. Packard ss
governor, who he we'll knew had not been elected,
and from which mob he might procure his own
election to the Senate, and which pretended election
he knew said pretended governor would certify.
The fourth section charges that Kellogg excluded
persons elected and admitted those not elected to
said legislature, for tho corrupt purpose before
named.
The fifth section charges that Kellogg. knowing
these facts withheld them from denied their ex-
istence before the committee privileges and eec
tions, thus inducing majority OF the committee to
declare him chosen as Senator.
The sixth section charges that prevent IeveIa-
tion OF the facts Kellogg procured government Of
iicer for his co-conspirator and charges hi with
bribing witnesses in the Investigation before this
COMMITTEES.
The report then proceeds in support of these con-
cusions to quote long extracts from the testimony
points out that no testimony taken by the COM
lnttee that formerly reported in favor of Ke logg
and concludes with legal argument on the case.
Senator Hill moved that the resolutions and
accompanying evidence be printed and re-
committed, saying the committee should be
able to report it back Monday next when he
wonld cali it up for action.
Senator Hoar proceeded to debate the mot ion
to print the evidence, aaying it was important
to have it printed to show the people how en-
tirely the report of the committee was ut vari.
ance with the facts. The committee said there
ferred in reply to the Colfax massacre in that
parish. He also denied that the charges OF
Kellogg bribing witnesses, etc., were sus
tanned by evidence, the only man who testified
to it being Barney Williams, the notorious ex
convict and rogue.
Mr.. Hill in replying to his remarks said ht
was glad that that gentleman had been forced
by the reading of the reports to go into thu
evidence which he had scorned to do in his mi
nority report. In so doing. however, he would
find that he had jumped ont of the frying
pan into the fire. Many of the things charged
against this Barney Williams referred to anoth
er Barney Williams, but if the charge of brib
cry rested alone on Williams's testimony Hill
admonished that he would not believe the
charge proved. In his opinion it had much
more foundation. 1t seemed to him that th|
other side desired to precipitate debate befor
the evidence was before the Senate. For him
self he was willing to wait until oil the evi
dence was before the Senate; his ownlopiniol
was largely formed upon the evidence of tn,
sitting member himself.
Senator Carpenter asked Senator Hill wheth
CT the fact charged in the report that Senate
Kellogg. since his admission, had employe,
bribery and corruption to enable him to hol.
his seat, affected the question whether or no
he was elected.
Senator Hill said he would frankly say tha
the evidence of corrupt practices since Senate
KellOgC'0 admission could Onlv ba uaed in Ia