Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1880-05-20
THE sPOFFORD.KELLOGG CONTEST.


The following is a summary Of the remarks
of Mr. Hampton, of South Carolina in the
U. S. Senate, last Thursday, on the contested
election case between Spoford, Democrat,
and Kellogg. Republican, from Louisiana:
Mr.. Hampton said he was not lawyer, but
proposed to discuss the matter on the gener-
ally recognized principles of justice and right,
endeavoring to free himself from partisan
feeling. There were cases, and this was one,
where Senators should lay aside sectional
preiudices and party allegiance. He did not
impute to Spohord or his friends any improp-
er motives, and therefore he was panied to
differ from them and his party associates with
whom he held so many views in commcr.
They would at least credit him with sincerity
in this difference. Mr.. Kellogg's credentials
were presented in 1877, and referred to the
committee in March. Mr.. Spofford's were
presented in October. Both parties consent
ed to the consideration of certain evidence
taken by the other investigating committees.
The Senate also passed resolution authoriz-
ing the committee to take full evidence.
There was no doubt that the committee has
full authority to investigate all the merits of
the case Mr.. Spofford at one time filed
request for more evidence, which was denied
by the committee on the ground that sufi
cient testimony had been taken. This ruling
Mr. Hampton thought unjust, but it was un-
doubtedly fully competent for the committee
to decide when to stop taking testimony. 1t
a committee abuses its power in this respect
an appeal can be taken to the Senate. The
Senate at that time einounced its deliberate
jrdsnssatt ssat that M:. Kellogg was entitled to
his seat, yet it is now claimed that that action
had no binding effect Mr. Hampton could
not admit the principle that the settlement of
the contested case on its merits could be over
thrown at will upon the accession of a ma
jority of different party. If this case can
be reheard now, what is to prevent its being
heard again and again? In all litigation
there must be some end of strife, and in the
spirit of the law this case should rest where
it is. Mr.. Hampton then cited number OF
authorities and precedents, in this country
and England, to show that it was well es'
tabished principle that when case was once
settled upon its merits it could not be reopen
ed. The consequences Of leaving titles to seats
forever open to question were more disastrous
than to have an occasional case wrongly set
tied The whole weight of authority seemed
to Mr.. Hampton to show that the Senate act
ed iudicially, and that its action was final.
He had carefully avoided the political aspect
of the case. He dared not trust himself to
enter too deeply into that question. All his
sympathies were with the contestant and with
the State of Louisiana, which had suffered 30
great wrong, but the Senate had no power
to redress that wrong. Time, the great heal
er, could alone assuage her wounds. He
hoped the people of that State, with whom
his own had so much 10 common, would not
misconstrue his action.
The Senator from Georgia (HilD had ex-
pressed hope that the Southern Senators
would not ignore their right in this case.
That great Senator would hardly refuse to
admit the honesty of motive in those differ
ing from the committee when, as in Mr..
Hampton's case, their sense of duty led them
to sacrifice their personal feelings. The flag
above them was that of all the States, and all
were equal there. Southern Senators were
not here, as might be inferred from the re-
port of the minority of the committee, on
probation temporarily, but as equal represep-
tatives of sovereign States. They had no
ucCu w CACusO VI W GA pam th0h NoAiuooS
and they would be guided rather by their acts
than their professions Let them do their du
ty and disregard the consequences. He
thanked the Senator from Georgia for deny
ing the rumor dishonorable to his State. He
was jealous Of her honor. He had fought
on bloody fields with her gallant troops, side
by side with those Of her sister State of Geor-
gia, led by the Senator'S colleague, Gordon.
They went where honor could be gained, but
where personal safety could not be found.
If in those dark days, when it was not my
good fortune to enjoy what now do, the ben
EFT of the precept and example of the Sena
tor from Georgia, upheld as best | could
the honor of my State, and trust that shall
not prove recreant to it now. The people of
South Carolina can best judge how their
honor is guarded here. And should it ever
be my misfortune to misrepresent or disap.
point them in any way, by having the cour-
age to follow my convictions, they will at
least say:
"He braved the shaft of censure and of shame,
And on field of honor pledged soldiers fame.'