Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-05-15
FORTY-SlXTH CONGRESS.
(Second Session.)
The Senate.


the Eaton tariff commission bill were pre-
sented, among them one by Senator Burnsides
representing capital amounting to $2,O0O,uUU
in the manufacture of cotton.
Senator Beck, from the committee on
finance, reported favorably the House bill
amending the laws relating to internal revenue.
Placed on the calendar.
Senator Garland, from the committee on ju-
dietary, reported favorably on the bill to secure
the safe keeping of money paid into court.
Placed on the calendar.
Senator Morgan, from the select committee
on counting the electoral vote. reported ad-
yersely on the Senate bill 10 fix the day for the
meeting of electors for President and Vice
President, to provide for counting the electoral
vote, and for the decision of questions arising
therefrom. Placed on the calendar.
Senator Eaton also reported from the sam
committee concurrent resolution adopting a
Joint rule for counting the votes of electors for
President and Vice President. Placed on the
calendar.
Senator Eaton presented memorial of Davis
Hatch, of Norwalk, Conn, alleging he was in
1868 arrested and tried by court martial and
sentenced to death by the government OF San
Domingo on false charges of aiding an insur-
recUion, that his sentence was committed to ex-
pulsion from the country, but he was detained
five months in prison by connivance of Ameri-
can officials interested in a scheme for annex
alton of San Domingo to the United States,
who feared his complaints, If he was permitted
to leave the country, would lead to the defeat
of that scheme. The petitioner prays for
an investigation of the acts of these officials,
and if they are found guilty he prays for
reparation of his injuries. Senator Eaton
knew nothing of the truth of the charges
named. If they were true, however, the petition
should not go to the Senate. but to the House,
as affecting the honor of another department
of the government He therefore moved it's
reference to the Committee on foreign relations
for report As the basis for his remarks he
offered resolution that it is the duty of the
government of the United States and Its civil
and military officers to exert all proper and
legitimate means to protect the rights of citi-
zens temporarily being in foreign countries
against arbitrary acts of tho authoritiesithere-
of.
Senator Conkling favored the Investigation,
not that he thought there was anything IN the
charges, but for the reason that the motion foc
bringing the matter before the Senate was for
political effect. Babcock, at the time OF the
alleged occurrence being supposed in Grants
confidence, was one of the parties named in the
petition, as were also Gen. Ingalls, and Sackett.
He also pointed out that the charges had al
ready been Investigated and reported upon by
Senate committee; but to dispose of the mat
ter once for all, he favored present investiga-
ton. Before concluding the discussion, the
morning hour expired and the matter went
over.
Senator Voorhees, moved when the Senate
adjourn to-day, it be to Monday next
Senator Davis (W. Va.) said none of the ap-
! preparation bills were actually before the Sem
ate, SO no delay to them would result from ad-
| iourning over, but Monday the appropriation
committee would probably be able to call up
the postOffiee bill He wished to say there was
every disposition in the committee to haste n
passage of appropriation bills, and to offer no
obstacle to an early adjournment if the Senate
would follow the good example set by the
House.
Senator Voorhees, motion was rejected; yeas
| l9, nays 33.
Consideration of the Kellogg .Spofford reso-
lutions was then resumed, Senator Pendleton
having the floor. In examining this question he
said he had chosen to regard the Senate as a
court and himself as judge in SO far as to
eschew all party feeling in the Premises. He
| was obliged to differ both from the argument
of the Senator from Wisconsin, Carpenter, and
that of the Senator from Georgia, Hill. The
constitution made the Senate the judge of its
members. 1t was for the time being judicial
| body, SO far was necessary to
determine everything entering into the
| qualifications of claimants to its
membership. 1t had this jurisdiction always,
and could and should graut rehearings upon
sufficient grounds as courts do. Therefore in
his judgment the strict principle of res Gdjndi-
| catG was not applicable here. That plea was
never applicable in suits between the same par
ties on the same case, but to those between
| different persons on the same facts. If a man
were admitted on forged papers, or any false
representation, the admission could not be
| considered final. This was an extreme
ease easily assented to, but cases
| less extreme containing the principle
| should be regarded in the same light. The
plenary powers of rehearingI and reversal must,
| however, be used cautiously and conservative
| ly, with due respect to the well recognized
| safeguards of law. Itwas to the interest of
| the Republic that strife should not be perpet-
uated. 1t was. perhaps, still more important
| that no plea should be allowed to deprive g.
| State of fair and actual representation.
Courts granted new trials only upon the dis
covery of fraud or error, or new evidence. The
Senate would respect the solemn decision of
the former Senate, unless it plainly appeared
| that the essential facts were ignored, or that
fraud was practiced upon the body. All alle-
cations as to the illegitimacy Of the Packard
| legislature and corruption of the returning
board of Kellogg. were made before the de-
| cision of 1877. It is not new evidence. The
parties agreed before the committee, in 1877,
that the reports of the committee of Morrison,
| Howe, Field and Sherman should be consid-
cred as bearing on these charges or upon the
| reports of the committee. After this examin-
| alton Kellogg was seated.
| He did not agree with the Senator from
Georgia that the decision of the State IS to its
| legislature must bind the Senate in all
| cases. The Senate could not reverse
| its decisions to conform to those of
| a State. Its solemn Judgment must be made
| upon the best evidence procurable by it at the
| time, as to which is the true legislature. The
/ testimony taken before the committee proved
nothing but the utter villainy of the witnesses.
It did not prove Spofford's charges. Whether
| they were capable of proof or not he did not
mer action of the Senate upon such evidence,
even if it had been new evidence.
Senator Cameron (Wis.) proceeded to oppose
the resolutions, opening his speech with the
historical statement of the proceedings In the
case since 1877. He denied that Spofford had
been deprived of the privilege of producing all
the evidence he desired. On the first hearing
it was argued between claimants that the in
vestigation should be narrowed as much as
possible, and that the testimony taken by
former committees should be considered, and
the time for closing the case had
been agreed on between the parties when
Senator Hill gave notice of five points
on which he desired to take evidence. Senator
Cameron thought this was done to procrastinate
the Investigation in order to extend it during
the pendency of the Butler case, which had
just come up. The points were almost entire