The news and herald. (Winnsboro, S.C.) 1877-1900, 1880-05-25
,'.TTs. .-s- -, =
TIL E KELLOGG CASE,
Speech 0f Senator Morgan, of Alabama
Tho QMNstion not u "Nrs AtIiudicntR.n

Spfech o' 0eIhtOf Morgan, OF Alabama
Tho question not n 'Ites h,Judicnta."
| Having given Scnator Hampton's
| speech on KcIlogg's case, we now give
an outline ofth argument on the other
side, as embraced IN the remarks oil
Senator Morgan, Of Alabama:
lIc said that in his opinion, the rcso-
lutions 10 nnsrat kellogg established
that the Packard Legislature was 1,
sham, and the Nichols body the true
Legislature OF louisiana. Congress
could not SO decide upon the legality
OF Legislature us TO preclude 4 State
from ucciding otherwise for herself,
All the Senate could lo in 1877 was TO
decide for that particular occasion.
Pacakrds signature as Governor was
sufficient to be regarded as 1tina
.tucie evidence Of the grnuinclcss of
Kcilogg's certificates. Aitcrwnrd the
Legislature, and that body was rccog-
niZcd by all the world. The Senate,
in temporarily recognizing the Pack
| future action. The seating Of Kellogg
therefore did not bind any body, not
even the Senate in executive session.
MIR. Morgan did not think the Senate
should bc governed by rules that Coy
crn courts. but commended the illus
trations he gave Oh this point to the
| attention OF those upon the nlca of
res ot'jHtiicuto. The Constitution made
the Senate ut all times judge of it's
own members, and gave the Senate ut
all times the right TO representation by
Scnat tors chosen by their Legislatures,
Nothing could actas an estoppcl from
lahe enjoyment of these rights. The
principle Of res odjudicota could only
be applied in suits between individuals,
not III cases affecting the rights of
States and of the whole people. Mr..
Morgan held that in admitting Mr..
Jonas rs Senator the Senate had rccog-
niZcd the Nichols Legislature and i'm
| pliedly admitted that the Packard Leg
islatnro was not legal. All members
OF the House from Louisiana were
elected with the Nichols government,
and were seated before Kellogg was.
The action Of the Senate in seating
Kellogg was void. 1t could not de-
| eide what was q Legislature. 1t could
not Interfere with the interior govern
| mcnt Of Il State. n State could be
known TO the Senate officially only
through IFS constituted government, ,
its officers and lis laws, and the Sen
ate could not r:ghtfully refuse to rccog-
niZc such governments. 1t should act
in harmony with other departments of
the government in recognizing the
State government Of Louisiana. What
ever lis opinion, it must recognize tho
facts. Mr.. Morgan showed that the
original inquiry in this case was limit
cd to the title of the contestants. At
that tiihc no charges of corruption
were before tht Senate and it was not
proper for the committee to cntprtuin
such charges until the question OF the
legal Legislature should be decided.
Ii was, therefore, impossible that Kcl-
logg's innocence Of bribery could have
been established by a former report
that he was entitled to the scat on the
merits; further investigation has cs-
tablishcd his guilt. Mr.. Morgan did
not think the former cases decided by
the Senate had established the practice
ofrcS aajuticata in Congress.
iii the churchyaid of Heydcn, Suf-
folk, England, there is stone which
bears this inscriptions: Here lieth tho
body Of William Strutton, of Padding
ton, buried May Is, 1884, who had by
his first wife twcnty-cight children,
and by second wife seventeen, own
father to forty-five, grandfather to
cighty-siX, grcat-grandfntbcr to nine
ty-scvcn, and grcat-grcat-grand(a
to twenty-thrcc-Iin all two hundred
and fifty-one.
Food greatly benefits when props
| crly given at the right periods, but to
overiccd the baby is to sickcn it, and
induce Il degree ofsuflcring; DR.. Bulls
Baby Syrup is the best remedy for the
discomfort arising from overlooking
the baby. Price 25 cents.