The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-16
REPLY.

their tendencies and if carried out would
lead to interminable contests over seats.
w. III. REEs.
REPLY.
The inquiries of our correspondent are
proper and will be answered in the spirit
in which they are propounded.
The whole country looks with pro-
found interest to the Kellogg case be-
cause it will probably decide the politi-
cal complexion Of the Senate after the
4th of March. But it will decide great
er question, Shall State be represented
in the United States Senate by person
of its own choice Shall this right,
guaranteed by the Constitution to be so
represented, be annulled ?
Our worthy correspondent overlooking
these paramount considerations, confines
himself to the question, whether if the
right of State to be represented by the
choice of the people under the Constitu-
ton and in accordance with all the forms
of the laws thereof is enforced, is there
not danger of a retaliatory proceeding
when the Republicans get control of the
BODY? We might answer that if theSenate
is so lost to shame, so Indifferent to their
greatrespOnsibility, 50 regardless of the
Constitution its members are sworn to
support, to make the rights Of the States
to representation in that body mere
game of shuttle-cock, the government Is
failure The dangerous precedent is
the denial TO State of the right to be
represented by the man whom she her
self has chosen to represent hes-and
the keeping of an intruder in a seat,
whc was accredited by rabble which
never assumed 9ny other legislative
functions except to go through the farce
of eIecting him, and who has not even
the color Of titla 10 the place. Kellogg's
Legislature was mob, and President
HAYES Commissioners, after full inveS-
tigation, said it had no legal existence.
His credentials were signed by Packard
who played Governor for day and was
then transferred to the Liverpool Con-
suIate. The contestant for the seat
usurped by Kellogg was elected by the
de blre and the de factO Legislature and
his credentials were signed by the duly
elected and recognized Governor
Nobody disputes these propositions.
Louisiana has decided who should be
her representative, and that is conclu-
sive In Luther VS.. Borden, Mr.. Web
ster said: "Rhode Island is competent
to decide the question Gas to her consti-
tuted authorities and everybody else
is bound by her decision" And Mr..
Morton, who probably was more like
the "Godlike Daniel in intellectual
proportions, than any other man of his
day, said;
The Constitution says that the Senate of
the United States shall consist of two Sem
ators from each State, chosen by the Legis-
lature thereof for six years. The manner
of constituting the Legislature is left absO-
lutely to each State and the question of its
organization must be left to be decided by
such tribunals or regulations as are provided
by the Constitution and laws of the State,
and the only question about Ehich the
Senate may inquire in determining the,
admission of Senators Is whether they have
been chosen by the Legislature of the State,
that Legislature recognized by the State or
whose organization has been recognized by
other departments OF the State government
Adopt this rule, and the case US to
Kellogg is settled at once. But to re-
turn TO the alarm cry of retaliatory
proceedings and setting a precedent,
echoed by our correspondent. Here is
the way Senator Hill disposes of it:
Gentlemen are trying to alarm somebody
over here by saying, ooh, what a precedent
you would establish, dangerous precedent,
and if you can reverse the decision of the
Senate nobody is safe in his seat" Is it
possible that any man sitting in the Senate
of the United States can be entrapped by
that sort of an argument? To vacate the
seat of a man not elected by his Legislature,
would that be q precedent to yacate the
seat of man who was elected by the Legis-
lature To vaeate the ssat of a man whose
mob has been dispersed by tke State and
declared not a Legislature, is that to be q |
precedent to vacate the seat of man whose |
Legislature is recognized by the State? Is
the seat cfa man whose Legislature is re-
cognized by the State Is there a man sit
ting here to-day, other tnap the sitting
member from Louisiana, who holds his titie !,
by mob Is there man sitting here to-
day who holds Ais title by body that the |
State has declared was not the Legislature
If so, let that man beware. | tell THAI man
not to seek to secure his own seat by voting
in Kellogg, because if could ascertain that
such was the fact | would vote to exclude
Democrat from his seat as readily as
would Republican. The State of Louis
lana shall not be disfranchised if can help |.
it, say that will not take an oath to
support the Constitution and sit here and
allow man 10 have q seat who was not
chosen BIZ his Legislature if I can help it.
Precedent! Do you know that Men who are
going to do wrong do not want presidents
for it? / declare the idea of being afraid to
give the Republicans precedent is anus
ing. When 9 party has done everything
without precedent DO you talk about their
wanting Democratic precedentP 40. DO
your olsa duty IN the case before yOn. If this!
man was chosen by the Legislature, chosen
fairly, chosen legally. chosen by 2 quorum,
chosen without bribery, let him Stay. III
he was not chosen by his Legislature, I
charge you by that oath which you have
to support tine Constitution to vacate the