The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-05
THE KELLOGG CASE.
SHALL LOUISIANA BE REPRESENTED
IN THE SENATE BY PERSON
WHO HAS NO LEGAL CLAIM
TO SEAT!
THE RULE OF RES ADJUDICATA.
Extract from Official Report Of Senate Pro
eeedings, Aprd 23d, 1880.

ttttAtfiySy dpFtE -ot, IoCO.
Tue VICE President. The Senate proceed
TO the consideration of it. unfinished bus ness
being the resolutions declaring that william
p. Kellogg not elected and that Henry NJ
SpofTord elected United States Senate
from the State of Louisiana for the term be
ginning March I, 1877.
The Chief Clerk read the resolutions, as fol
lows:
l. ResoIred, That, according to the evidence
now known TO the Senate, William I, hellog.
was not chosen by the Legislature of Louis
lana TO the seat in the Senate for the term be
ginning the 4th day Of March, 1877, and il
not entitled to sit in the same.
?. Resotred, That Henry NJ. Spotford wa.
chosen by thu Legislature of Louisiana to the
seat in the Senate for the term beginning OF
the 4th of March, 1877, and that he be admit
ted to the same on taking the oath prescribed
by law.
MIR BAILEY. of Tennessee. Mr.. President
The credentials of William Pitt Kellogg as
Senator from the State of Louisiana for the term
of six years, beginning the 4th day of March
1871, and signed by stephen Is. Packard, who
claimed to be the Governor of the State, were
presented to the Senate on the 10th January
1877. On the 4th of March of the same year
Mr.. Kellogg applied to be sworn in, but the
Senate then refused to admit him. In the
month of October the credentials of Henry NJ
Spotford, claiming the same seat, and signed
by z. b. Nichols, then actually Governor OF
the State, were presented
These credentials were referred by the SEN
ate to its Committee on Privileges and Elec-
tons and on the 10Th day of November, 1877,
majority of the committee reported that on
the merits of the case Kellogg was entitled to
the seat, and the Senate admitted him to 1t on
the 18th of the same month.
The Legislature of the State of LQui siana
sOlemnly protested against the action of the
Senate, as denial to the State of its right to
representation in this body by Senator cho-
sen by the Legislature thereof as guaranteed
y +1,.af 81
in March, 1879 Mr.. Spofford presented the me-
mortal, and complained that upon the former
hearing before the committee he had been
denied the privilege of Introducing important
testimony He further claimed that he had
discover tew and material evidence which
would establish that when the Legislature was
elected in 1876, Kellogg. then the Governor,
used the power, patronage, and resources of
his office to procure the election and return OF
q general assembly for the purpose of securing
his election to the Senate, and afterward b y
menaces and bribery secured the vote of its
members, and that but for such menaces and
bribery he could not and would not have OBJ
tanned the nominal election under which he
ella ms the seat.
This memorial was referred by the Senate
to its committee and authority given to it to
take testimony, and TO send for persons and
papers The committee has reported that
Spotford is cntitled to the seat, and thus
Is broHght to your attention and before the
Senate, and for its judgment, the important
question to be discussed.
As one of the committee that made that re-
port, give TO its recommendation my unquali-
fed appreciation and support. | do not pro-
pose to go into an examination of the facts
now for the first time brought to light, which
disclose state of public and private morals
among the men who composed what is known
as the Kellogg Legislature beyond all that
could have been imagined, nor will | even
make alluson to the facts Of bribery and
corruption of which the book Of testimony is
full. prefer to examine the case from a diff.
ferent point of view.
l believe Mr.. Spotford was elected in con-
formity with the commands of the Cnnstittl-
ton and laws of the United States, by the
only body that could justly claim to be the Leg
islature of the State, and propose, Senators,
for n little while to discuss the very interest
ing questions that the conclusion presents.
But in the very outset it has been said and
the point has been pressed with great earnest
ness, both by the counsel for Mr. Kellogg and
by the minority OF Uhs committee, that all the
questions of law and fact involved were pre-
scented upon the former reference, were sOlem-
ly adJudlcate1 by the Senate, and having
be0n adJHdged are not open TO inquiry. 1t Is
said that the former action of the Senate is
conclusive upon the parties and the State Of
Louisiana as to every IA t and every question
that could have been considered, and invok-
ing the aid eff the maxim familiar to law =
yers, and of frequent use in courts of judica-
ture, that interest reipUbiice at sat fms htia,
il is cOntended that the matter in con-
troversy is ''res ddJudtcdtd' and all the
world is estopped from denying Mr.
KellOgg's right to the seat. To afford a
foundation for this extraordinary effort to in
graft upon the proceedings and practice of a
legislative body maxims and pleas that have
been adopted from considerat lions of convent
eace by courts Instituted for the settlement of
questions IF private right, it Is asserted that
the questions raised are legal questions
and that in respect 10 the matter under CON
siieration the Senate is a judicial tribunal.
readily, indeed heartily, agree to the first
proposition. This controversy does present
grave questions of law-of public and consii-
tutionaI law-questions that stould provoke
the most thorough discussion in this Cham
Der and throughout the whole country; they
should interest not only you, Senators. but
every statesman and iurisr and citizen; and
approach their consideration without pains
taking research and the calmest and most
conscientious differentiation.
But dissent and toto c4Lo differ from the
gentlemen TO the last proposition.
The Senate Is not and from its Constitu-
ton csnnst be a judicial tn bunal. The fun
damental law that provides for its creation
undertook TO parcel out the powers and duties
of the different departments of the Govern
ment. and separated them into three great
divisions: the executive, the legislative, and
the judicial To each of these was allotted
the work it is TO perform, and each has its
appropriate functions
All legislative power
Says the Constitution
therein granted shall be vested in a Congress
which shall consist of Senate and House of
Representatives.
And again it provides
The judicial power of the United States
shall be vested in one Supreme Court, and
such inferior courts as the Congress may from
time TO time ordain and establish.
By another section one exception is made
if indeed II be an exception, to this grant of
judicial power. Great officers of State NAV be
impeached by the Hsuse of Representatives
for high crimes and misdemeanors for crimes
affecting the public welfare, fer crimes con-
nected with the administration of affairs and
perhaps, for crimes that prove them unworthy
to fill great political stations. If thus i'm
peached the Senate has the sole power to try
Them and when sitting for that purpose as
court Senators shall be ''on oath or aflrma-
ton The punishment is poliIical, and po-
litieal only. 1t can extend only TO '.remova.
from office and disqualification TO hold and
enjoy any office of trust or profit under the
United States
With the exception named the judicial
power of the United States, and if the Consti-
tuition means anything. its entire Judicial
power is vested in the supreme and inferior
courts. To them is committed the authority
as judicial tribunals to e0nstrue, to expound
and TO ascertain the law, and to enforce its
commands. Ia controversies of every kind sub
ject to their Jurisdiction. In these tribunals
resides the judicial power of the Government,
and by them the axiom and rules relied upon
have been borrowed from like tribunals Of
our mother country.
The Senate, however, is 3 legislative body
Its office and functions are political 1t i
true that In the ordinary course of its pro
ceduge each Senator, and the Senate as body
may ind 1t necessary TO construe laws and
pass npon legal questions Of the most abstrpse