Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-05-04
FORTY-SIXTH CONGRESS.
Second SESSION.
The Senate.

consia, pursuant to previous notice, moved TO
take up the bill for the relief of Ben' HolIaay.
Senator Cockrell said he would vote to take
it up at any time out of the afternoon hour
but it was unjust to displace the calendar
After a short discussion the motion was agreed
to; yeas 26, nays 25. The bill appropriates
S526,780 to pay Ben. Holliday in full satlsfac-
tion of all his claims against tho United States
for spoilations by hostile Indians on his prop
ertv while carrying the mails, for property
taken by United States troops for
the benefit of the United States
and for losses of properly and expenses
incurred in running the mail route in COM
pliance with orders of the United States COM
manding officer.
The bill was momentarily laid aside and the
House Joint resolution authorizing the secre-
tary of war to donate ratlons to sufferers bS
the recent cyclone at Macon, Miss, passed.
The vice president laid before the Senate
communication from the secretary OF war ask
iugan appropriation OF Sl42uUutO to reimburse
the department for clothing, camps and garrI-
son eouipage, ETC., donated by acts of Con
uress for use of civil committees, which In all
probability will be lost to the army.
A large number of petitions in favor Of the
Eaton tariff commission bill were presented.
Senator Paddock presented petition of citi-
zens of Omaha for the establishment of
branch mint at that place. bill was intro
duced bv Senator Williams to establish ocean
mail service between the United States and
certain foreign ports, and providing adequate
compensation therefor, Referred to the COM
mittee on postoffices and post roads to provide
that the annual rate of compensation
shall not exceed 800 per mile for the usual
travelled distance one way the vessels en-
s1Io oba oil ha steamships. OWQCu
and built by Americans in American ship yards,
of American materials, and Ofhcered and
manned bv American crews. The vessels en-
ployed under this bill, and all other iron
steamships of American build and ownership,
engaged In foreign commerce, shall be entitled
to draw their supplies necessary for their vey-
ages ont of London. and free of duty, and are
relieved of all dues and taxation and
port charges except the tonnage
tax now imposed by lew; ships and vessels OF
foreign powers shall be liable to the same La
bilities and restrictions in United States ports
as American vessels are subjected to IN foreign
ports.
1t also provides for paying bounty OF $780,
600 during five years from the passage OF the
act to any American ship owner for each iron
or steel screw steamship of over SO,OOO tons
tonnage built and owned in the United States
and fitted for freight mail and passenger SER
vice.
E6QGGOEb EblOu. R6tlH3 " ~AaNN "AAANN
we're appointed committee of conference on
the disagreeing vote of the two Houses on the
diplomatic and consular bill.
Senator Ingalls,, by request, introduced
bill to establish uniform system of bank
ruptcy throughout the United States. he
ferred.
The Holiday claim bill was again taken up
When the reading of the report on the bill was
completed the morning hour had expired, and
the bill went over. 1t will require majority
to get the bill up again tomorrow.
Senator Vance then resumed his speech In
support of the resolutions declaring d. NJ.
Spofford entitled to the seat now held by Kel-
logg.
Senator Vance cited the testimony regarding
alteration of the face of the returns at night in
Kellogg's house. In further remarks he said
the telegrams between Kellogg and his friends
furnished by the Western Union Telegraph
company were in cipher and unintelligible. An
innocent man would probably have translated
them voluntary.
Senator Kellogg stated he had offered to do
3d. as appeared by the testimony, but was not
allowed to do SO.
Senator Salisbury said the committee had
given Kellogg permission, bnt he had not
ayailed himself of 1t.
Senator Vance continued by reading some
of the cipher kilograms, and translating them
as the committee supposed they should read.
One reads as follows:
ITO Gen. A. s. Badger, collector customs,
New Orleans-Please crown ash aud zebra fan
permanently. Important that all can while
pear absent. Hawley little easier. Far away
week. (Sirued) AMITY."
Senator Vance translated it thus: 'PIease
appoint blank and blank permanently. I'M
portant appoint all you can while Sherman Is
absent. Hawley is little easier. Sherman
away this week. (Signed) KELLOGG.
Senator Vance supposed the Senator from
Louisiana would correct him if his translation
was wrong Senator Kellogg having left the
chamber, Senator Vance raised laugh by re-
citing the well known lines;
He smiled kind of sickiy smile,
And curled upon the floor,
And subsequent proceedings interested him
no more" |
The telegrams were so numerous that Sena-
tor Vance could read but few, which he inter-
preted as duplicating kellogg in tampering
with witnesses and directing the movements of
persons working in his interest. W. Marks, an
officer in the custom, told one of his friends
who applied for places. l can appoint my
friends now. l am obliged TO appoint those
damned hounds and ours to keep them from
suuealing on Kellogg. The sitting member
never traversed this testimony. 1t was also
proved that the men who began to squeal were
in fact appointed, and Immediately ceased their
squeaing.
senator Vance then considered the legal
aspect of the case, and argued that the Packard
legislature had no legal existence, and the
choice of Nicholls legislature was the only
choice of the State. 1t had been ssid
it wBs a dangerous precedent to reversed for
mer action of the senate.
Senator Vance thought it a more dangerous
precedent to say Senator wass entitled to a
seut on the merits of case, when in fact the
merits had not been inquired into.
Senator Carpenter asked whether the senator
from North ICarolina claimed that after the Sen
ate had taken up a case and heard it and finally
disposed of it by resolution declaring the
claimant entitled to a seat on the merits, moth
ing was settled, and that next week the case
might be taken up and decided the other way,
and next month changed back again. and SO on
for ever.
Senator Vance did not but be claimed that
the principle of res Gdjudicata did not apply to
this particular case at all. He believed Kellogg
was not constitutionRIiy sntitled to the seat
and should vote accordingly.
Senator Vest obtained the floor to speak on
the Kellogg resolutions, but yielded to Senator
Saunders, on whose motion the bill extending
the northern boundary of Nebraska was taken
up. and after debate recommitted.
On motion of Senator Hamlin the bill Ie