The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-04-02
Report of the Senate Committee
on Privileges and Elections
ON the Spotford-kel-
logg Senatorial
Contest.
They Decide that Kellogg's Claims
Are Fraudulent and that Henry
M. 5pofford Was Chosen
United States Senator
by the Legislature
OF Louisiana.

The Senate Committee on Privileges and
Elections. to whom was referred the memorial
OF Henry M. Spoff)rd. claiming to be entitled to
the seat In the Senate from the State OF Louisi-
ana now occupied by VIM P. Kellogg. on the
twenty second ultlmo. through Mr.. Hill. OF
Georgia. submitted a majority report. which
was read and ordered to be printed. The com
rnittee. after reeiting the steps pursued by them
for complete and thorough Investigation OF
the case. state that. In their opinion. the evil
denee now for the first time taken clearly and
abundantly establishes the following faets
l. That said William Pitt Kellogg, then hold
Ing the Office of Governor OF the state OF Il ,u-
isians, and pending tho oinvsss In sail cleo
ton Of 1876. aid oonspfre wi divers persons,
and In aid of such conspiracy, did Il audulentlv
use the influence and power OF hls office of
Governor to prevent u fair. frs o and legal cleo
ton ia said State to the END that y q mght pro
return of q Legislature, n majority OF whose
members should be Of the Republican party.
and presumed to be favorable 10 his election to
.. That. having failed ip this. the said VIII.
liam Pitt Kellogg, still holding the office Of
and In aid of such conspiracy did frauiulently
use the influence and power OF his 0tfioe OF
Governor to change the result as returned by
the commissioners OF election, to tho end
that he might procure through false certin-
Gates Of election. the organization of q pretend-
s6 be- II the pa ana
posed to be favorable to his election to the
benats
spre i vii with divers offers to prevent and, By
force, through the Metropolitan Police, aids d
by the army OF the United states. did prevent
tage e ,s and especially T toso Of The Democratic
party, from assembling In the halls of the SEN
ate and House 9f kepresentatives In the state z, {,
by threats. by the uss OF money, By the promise
OF offices. and by other corrupt practices
and induce to - zen IN sad
against the will OF the people of Louisiana.
many OF whom had not been elected, and some
to she YV end m shat he might procure % al pretended
Legislature for the Inauguration Of Stephen b.
Packard as Governor. who. be we'll knew. had
procure ths form Of his own, election TO the
senate, and which pretended eiection he knew
such R Rreendedy n2ysrnor I would certify;
| corruptly procured the assembling OF q body Of
persons pretending. to be q Legislature. fn
which were included Ss pefs2ns not elected and
who had been elected and certified as mem.
bers. did. By bribery. by the use Of money and
ora pracioea. induce said boay q persons to 20
through the. form OF choosing him to q seat In
| the Senate OF the United States.
s. That said William Pitt Kellogg. well know
ing that the facts now proven to exist did exist,
did falsely represent that no such facts existed
or could be proven. seeking thereby TO Induce a
| majority of the committee. without taking the
evidence which has now been taken, to make o
report declaring his title to the seat. and with
intent to induce meiority Of the Senate t2 ad-
Q. That to prevent the dscovary OF the
frauds sns Nqd nST
~ ,eIas ns' nnmbsr Of the persons csmposns eaid
| pretended Legislature to be appointed to pub
| lie offices Of profit In the Customhouse at New
disclose the truth. That after other persons.
officers and members OF said pretended Legis-
iature had freely and voluntarily admitted. un,.
corruptions, and had been summoned to ap.
pear as witnesses before your com mittee, and
we're under the protection Of the Senate. said
VIM. Pitt Kellogg did. by bribery ana corrupt
practices. induce uchwitnesses to testify false
ly that they had not made such admissions, or
that. X they had made them. they were not true.
This is followed by coplous extracts from the
abundant evidence. which very clearly estab-
lish the justice Of the conclusions. The COM
mittee admit that great number OF the wit
nesses examined on both sides were of very
bad character. not only for truth. but for every
other virtue, and IL their credibility depended
solely upon character theY ought not to be be-
lieved. But the rules OF law furnish safe guides
In weighing this evidence. The accomplice oil
q criminal. they say. 10 not necessarily Of bad
character. for he Is criminal himself. II he is
not to be believed because he Is an accompliee.
and therefore of bad character. then an ac-
eomplice In no case ought 70 pc allowed
they are often the only accessible witnesses
and their evidence Is. often most sat.
isfactory. We're l. otherwise. those criminals
est. Mn this case nearly all the witnesses ex
amined were the accomplices OF Kellogg In the
spa 5aua % % Ths1 Rerg s
| conspirators against the people OF Louisiana.
The very fact that they were associates and ac-
most 'e Conclusive ' proof Of bad character. No
other proof was needed to establish such bad
character. The conspirators were surrounded
himself, by his power as Governor. and the
army was employed to protect them day and
night from Intrusion by people worthy Of
al aii'DlIsp good - people. TIE tie Chief Chance
nstaes hdOe Oe ss Would sshesa
and eorruptions which cemsnted them for
and the committee do not doubt would far more
abundantly appear IL the Federal adninistra-
tion would withdraw the patronage which has
of the gang. Stated : In the light Of the
facts now known, and embodied In their
report to the -, Senate. the = ueonmmittee comm
follows: That though the sitting member was
not in fact chosen by the LEGISLATURE Of Louisi-
ana, ana tn0ugn the Dody OF men alleged to
have elected him was assembled through fraud
was held together By force. and was controlled
by bribery and corruption. and all this was
accom- plished by a conspiracy to defraud the
State and the people OF Louisiana, of which
conspiracy the sitting member was himself the
chief yet the Senate having decided In ignor-
| anee and By the suppression of these facts that
the sitting member was entitled on the merits
| TO the seat, the Senate Is compelled to allow
him to retain the sear. after full knowledge that
every fact which was assumed to exist wnen he
was admitted is and was false and untrue
committee. is sufficiently furnished In the
statement OF the position itself; hut they do not
eess dae s ee he5e put
law. The committee freely admit that q
decision rendered on the merits ought not to
be afterwards reviewed and reversed on light
or even doubtful grounds. In the courts the
familiar rule is that new evidence 10 authorize
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