The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26
THE KELLOGG CASE.
SYNOPSIS OF TIE SPEECH OF
SENATOR MORGAN. OF ALABAMA,
DEMONSTRATING THAT KELLOGG Is
NOT ENTITLED To THE SEAT
HE OCCUPIES
UNITED STATES SENATE. MAY Is, 1880


AFR Morgan then proceeded to speak upon
the KeIIogg-Spoforl resolutions. II e thought
IL was established that the Packard Legisla-
tUre was q sham, and the Nichols body the
true LEGISLATURE of Louisiana. Congress could
not so decide upon the legality of Il LegIsla-
ture as to preclude the State from deciding
otherwise for herself. All the Senate could
do in 1877 was TO decide that Tor that particular
occasion. Packard signature as Governor was
sufficient 30 be regarded prIma facie eyI-
deuce of the geuuiueness Of helloggss certlt-
cate. Afterwards the State decided in favor
of the Nichols Legislature, and that body
was recognized by all the world. The Senate
IN temporarily recognizing the Packard Gov
eminent did not bind its own future action.
The seating of Kellogg, therefore, did not bind
any body not even the Senate in Executive
session. and Mr. Morgan did not think that the
Senate should be governed by the rules that
govern Courts, but commended illustrations
he gave on this point to the attention OF those
who did not do so. The Republicans chiefly
relied upon the plea of res Gdju1icGta but the
Constitution made the Senate at all times the
Judge OF its own members and gave seats; at
all times the right of representation by Sena-
tors chosen by their Legislatures, existed, and
nothing could act as an estoppel from the en-
jovmeut of their rights. The principle of res
1djuiicata could only be applied in suits be-
tween individuals, not IN cases affecting the
rights Of States and OF the whole people Mr..
Morgan said that in admitting Mr. Jonas As
Senator the Senate had recognized the Mich
oils Legislature, and implicitly added that the
Packard Legislature was not legal All the
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 void Ii
could not decide which was Legislature. 1t
could not interfere with the interior govern
ment of a State. A State could be known to
the Senate officially only through its consti-
tuted government its officers and its laws, and
the Senate could not rightfully refuse TO re-
cOgnize such government. Ii should act in
harmony with other Departments of the govern
ment in recognizing the State Government of
Louisiana. Whatever its opinions are it must
recognize facts. Mr.. Morgan showed that the
original inquiry in this Stare was limited to
the title of each of the contestants at that
time No charges of corruption were before
the Senate, and it was not proper for the COM
mittee to entertain such charges until the
question Of the legal Legislature should be de-
cided. 1t is, therefore, impossible that KEEL
lOgg's innocence of bribery could have been
established by former reports that he was
titled to q seat on his merits. Further inves-
tigation has established his guilt. Mr.. Nor
gan did not think former cases decided by the
Senate had established the practice of res ad-
jtidicata in Congress.