National Republican., 1880-03-26
SENATOR KELLOGG'S SEAT.
Some Practical Views by a Leading
Bourbon Organ.
The Tinality of the Settlement Conceded
The Danger of the Precedent Sought to
be Now Established Recognized
The Record of Democratic
Senators Cited-A square
Vote Wanted, Etc.
The Louisiana senntorrllIp.

be employed to accomplish political omds, but
which probably has more discornment rs to
natural consequences than some Of its fellow
Bourbous, has the following in its issue Of
March 81:
THE KELLOGG CASE AND TIE AGREEMENT
UNDER WHICH HE AND SENATOR BUTLER
WERE SEATED.
Tho unseating of Senator Kellogg by the
vote of majority of the Senate in conformity
with the report of the Committee on Privileges
and Elections will be, in our opinion, exceed
ingly Injurious and dangerous to the Demo-
cratic party 1t will be regarded in the North
rs evidence of the determination Of the Demo-
Gratis to preserve their majority in the Senate
Mt any cost, and it will establish precedent
that the Republicans will follow unhesitatugly
whenever they have the power. We are not
governed in forming our conclusions by these
considerations alone. As wo understand 1t,
Senator Kellogg was seated, Mt u time when the
Republicans had majority in the Senate, by
virtue of an arrangement or understanding
between the Senators on both sides, The Dem
ocratic minority could have prevented tho ad-
mission of Kellogg and the Republicans were
bent on excluding Butler. 1t is true that
Senator Butler was assured Of the votes of
Senators Conovcr and Patterson, but by the
arrangement for closing the debate in each
case tho opportunity was given to admit him
by making that support available. We give
the facts rs shown in the Congressional Record /:
As early us March 5, 1877, the credentials of
Senators Butler aud Kellogg were presented
10 the Senate. On motion of Senator Bayald
they were referred to the Committee on Priv
ileges aud Elections. This committee sub.
mitted majority and minority report as to
Kellogg. The majority report recommended
that hc be seated while the minority report
recommended that II. NJ. Spotiord, tho con.
testant, he allowed to submit testimony. This
privilege tho majority of the committee had
refused. On the goth Of November, 1877, the
following resolution was introduced by Mr..
Wadleigh, from the Committee on Privileges
and Elcctons:
Rcsotrcd, That william Pitt kellogg is, upon he
merits ne case idtGfv entitled to seat in the SEN
ate of the United States from the state of Louisiana,
for the term of six years commencing on the 4th
day of March, 1877, and that he be admitted there.
to upon taking the proper oath.
When the resolution was under consideration
on November 30th, Mr.. Salisbury, of Della.
ware, offered the following amendment:
Resolred, That the credentials of William Pitt
Kellogg and of Henry NJ. SpOtiord the contestants
for the seat in the Senate from the State of Louisi
ana, be recOmmitted TO the Committee OH Privi-
legcs and Elections with all the papers relating to
said contest with instructions 10 said committee to
take testimony on the issues of fact between the
contestants.
This amendment was discussed by Senators
Salisbury. Hill, Howe, Patterson. Sargent and
others, and was finally lost by u tie vote.
The Wadleigh resolution. from the Commit
teo on Privileges and Elections, was next
taken up, md Mr.. Morgan offered the follow
ing amendment thereto:
Prouidcd, That nothing in this resolution shall
be construed rs TO preclude the Senate from its
right to demand an investigation of tho chUrgcs
ator from Delaware, and upon which u vote Of the
Senate has Just been taken, as affecting the right
Of William r. Kellogg to scat in the Senate.
A debate between Senators Conklng and
Morgan eusued, which was continued up TO
the taking of q recess by the Senate.
Upon the assembling of the Senate at p. m.
on the same day, the resolution to admit Kcl-
logg, upon the merits of the case, to n seat in
the Senate was brought up again.
Senators Bayard, Hoar, Wadlcigh and Thur.
man freely discussed tho resolution, and rs
there seemed to be no likelihood that n salts.
factory conclusion would be reached, motion
to adjourn was made. There being but one
end, Mr.. Conklmg urged the necessity of
taking a vote upon the pending resolution.
At this juncture Mr.. Thurman said:
am very sorry that the Senate should adjourn
until one more effort is made 10 see whether WG
cannot come to some agreement that shall save us
from the necessity OF sitting here MI night think
myself that such an agreement can be QrtJsd at ii
can keep in session for little While longer.
The discussion was resumed, and was par.
ticipatod in by Senators Hill, Lamar, Thur.
man, Edmunds and others. Senator Hill theu
introduced tho following resolution;
Rrsoirsd That Henry NJ. spoRord bo admitted as
q Senator from the state of Louisiana on Il priQd
tacic title and subject to the right Of William Pitt
Kellogg to contest his seat.
After another lengthy discussion of this
resolution, Mr.. Edmuuds said;
ask unanimous consent be given to come 10 an
among the Senators: First, 10 vote
on the Kellogg SpuAord case at or before O'clock
and thirty minutes II. M to-day, the chairman Of
the committee or any one allowed by him to have
the last hour to sum up If desired Second, To vote
on the Buter-COTbiu case ut or before the eXplra-
ton of one hour after the KelogR.,pOford case Is
disposed Of, the time TO bo equally divided the
chairman Of the committee or some one for him to
have the last thirty minutes to close the debate.
Mr.. Thurman, upon this proposition being
mad Q, said:
| hope ne proposition WW be agreed TO- and ask
my Democratic iriends on this floor 10 agree 10 Il,
aud 10 trust to me that II VIII result IN on arrange
iRfntperfccuy honorable aud fair TO both parties.
No objection being made, the vote was
taken on Mr.. Hills motion to seat Spofford
on DIimd Jicis title and subject to the right
of Kellogg to contest his seat, This amond-
ment was lost; yeas, 81; nays, 20. Mr.. Mer-
rimon then moved that SpoiIOrd be allowed
to produce ut tho bar OF tho Senate the testi-
mony he offered to produce before tho Com
mittce on Privileges and Elections, and that
the further consideration oil tho subject be
postponed until such testimony could be
takon. Mr.. Edmunds Immediately stated to
the Senate that such course would be "a
plain piola'iOn Of The understanding which had
Just been had, that the Senate would vote
square aud straight on the case"
Mr.. Merrmon, upon being reminded of this
agreement, stated that he withdrew his mo-
tion. The Wadlcigh resolution, originally
submitted by the committee, was then voted
upon directly and adopted,
In furtheranco of tho understanding Mr.,
Thurman then arose aud said 81 move that
NJ. c. Butler of South Carolina, be sworn in as
Senator from that State" Upon this motion
Mr.. Edmunds demanded tho yeas aud nays,
which resullod--yeas, 80; nays, 2S, Messrs.
Butler aud Kellogg being present were then
both SWORN in,
1t will be noted that Mr., Saulsbury's prOpo.
stion to instruct tho oommtto to take testi-
mony on the issues of fact between the contest.
ants, aud Mr.. MOrgau's proviso that tho admis.
sion of Kellogg should not preclude an investi-
cation Of tho charges against him, were not
agreed to. Mr.. Ilill's resolution TO admit
Spoliord was voted down. The resolution
finally adopted declares that Kellogg was en-
titled to be seated upon the merits of the
casen and this resolution was brought
to vote In pursuance OF tho prupo-
stion, submitted by Mr.. Edmunds, which
Mr.. Thurman asked the Democrats
to accept, 1t is spoken of throughout on both