National Republican., 1880-12-21
The Kellogg Case

hellogg upon the sharp point OF their
own criticisms concerning ex-Secretary
BoutwelPs recent contribution to the
North american ReWeto. Mr.. Boutwell,
contended in that paper, and very logi-
cally and correctly as We think, that while
the Senate of the United States has no
power over the organization of State
Legislature, yet it may reject a Senator
chosen by what ii deems an unlawful as
sembly. In other words, that the United
States Senate, in the exercise of its
constitutional power to judge of the
return, qualification, and election of its
own members, may decide for itself
whether or not the Legislature of State
is made up of members duly and lawfully
elected thereto. If the decision is adj
verse to the legality of the Legislature,
the power of the Senate ends with reject
ing the work of its hands. For all other
purposes the Legislature may be legiti-
mate body. Any other view would rem
der nugatory the provisions of the Federal
Constitution under which the Senate has
the power of deciding who are entitled to
seats therein; and this would be done
under the pretext that the exercise of
this power by the United States Senate
would interfere with the exercise of
similar power by State Legisla-
lures under State constitutions. We
are glad to see that the Democratic SEN
ators, in their discussion of the kellogg
case, arc standing on the same ground
with Mr.. Boutwell,. AS the Herald truly
remarks: "Thc whole course of the Sem
ate debate has been, on the Democratic
side, an investigation into the election
and the legality Of the Legislature which
elected Mr.. Kellogg" The Herald also al
ludcs to the fact that tho Democratic SEN
ntorsare rctrying previously adjudicated
case. 1t is this latter fact that is fatal
to the cause they advocate. II Is un-
doubtcdly true, as Senator Bailey, of Ten
nessec, said in debate in April last:
The Senate Is q legislative body with Inherent as
well us constitutional authority to judge or decide
who shnll be admitted to take part IN its delibcra.
tions. In exercising this function II may be called
upon TO inquire into and decide upon the regular
ity of the acts and proceedings of State Legisla
| turc.
Senator Vance, of North Carolina, is
equally pronounced; in his declaration
of May last he said:
Ifhe was not chosen by the Legislature thereof,
orif, the body choosing being the Legislature, he
was not chosen freely, and without corruption or
any improper practices, then II is a crime against
the Constitution of the country, and II does vio-
| lcnce to the oath of every man who has sworn to
support that Constitution II thnt sitting member Is
allowed to misreprcscnt the State which he pur-
portsto come from.
Senator Hill, of Georgia, who is at the
fore in the raid on Senator Kellogg's seat,
says in the report of the committee:
The report of the committee alleges two reasons
why that proposition is true First the report de-
clares that the body of persons which 1t has been
alleged elected Kellogg was not In fact the Legs.
laturc of Louisiana, and therefore had no power,
no authority to choose him as Senator.
Senator Salisbury gave in his adhesion
to Mr.. Boutwellsdoctrinem most fully, as the
following extract from his speech shows:
And now If chose to go into the evidence con-
tanned in the twelve hundred pages of testimony
taken by the committee IN the late investigation,
| think could demonstrate most conclusivcly not
only that the body of men who elected Mr.. Kellogg
were not In fact the Legislature of the State of
| louisiana but &c.
Said Senator Morgan, of Alabama:
And So It Is the duty of the Senate, which 1t
owes to its own dignity of character as well as to
| the people of every State, to exclude u man from
seat in the Senate who procured that scat by coer
cion, by durcss, by fraud, by bribery, and by per-
jury.
These might be followed by many SINH
lar declarations all showing that the
Democratic Senators generally agree that
Il majority of the Senate has the power to
reject any Senator chosen by a Legislature
the members of which are wrongfiily
seated.
| But when this doctrine comes to be
applied to the case of a Senator whose
seat has been contested and awarded him,
it is quite different matter. We can
well understand how the Senate in 1881
may reject Senator Jones, of Florida, if
sent here, or George, Of Mississippi, or
any other Senator whose case had not
been decided on It's merits, if it shall be
found upon inquiry that they were sent
returned and holding seats by coercion,
by duress, by fraud, by bribery, and
by perjury, rs Senator Morgan so
energetically recites But we are not
prepared to say that if they should pre-
vail in contests they could afterward be
elected by majority vote. 1t is not clear
even that Republican Senate would be
justifiable in unseating, by majority
vote, Senators Morgan, Vance, Hill of
Georgia, Lamar, Garland, and Butler even
though it could be clearly shown, as no
one doubts it could, that the Legislatures
which elected them were not lawful
bodies The circumstances attending the
so-called elections in their several States,
and in others, are too well known to re-
quire recital.
True, they could not claim, as Senator
Kellogg does, that their cases had been
determined, after full inquiry, by the
Senate, except as to Senator Butler. But
still a sense of fair play might be strongly
appealed to against allowing contests to
be inaugurdted at so late day. 1t is
hopeful sign when Democrats and Repub-
licans agree, as they do in the Senate,
that the validity of State Legislature
may be inquired into, rs proposed by Mr..
Boutwell,; but it will be still better when
they can all also agree that Senators cam
not be subjected to second contest dur
ing the same term.
The Political Millennium.
No doubt the South has suffered much
Sinna our littla liuirult;oa ,rara lneI,oI