The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1880-05-21
THE sPoFfoRD-KELLoaQ SENATE
f,;.s.s RIAL CONTEXT.


tsl5s IL ..ifit.;;; -. 'r..f3.iV p" 50 q.
The election Of 1875 resulted In a
very decided majority tor the Demo,
cratic Presidential Electors. and for
Francis T. Nichols ~ Governor, and
the Democratic candidates for the Cen
eraI Assembly. *. e.s,...s. ~ 81;
90 Under the manipuIatlons Of the Re-
turning Board, not orgaui1ed accord
. ingto the express provisions of law,
the Democratic majorittes In many of
the parishes were thrown. out upon
the ground of naturalization and bull
doziDg, and the result was, that Pack
ard was declared Governor by that
board, the State given to the Republi-
CABS, and the Republican Presidential
Electors were certified to the Presi-
dent of the Senate of the United
States. Both governors were sworn In
and assumed the exercise of guberna-
toral authority, and two legislatures
assembled In the city of New Orleans In
January, 1877, viz: The Packard and
Nichols General Assembly.
. 49, ~UUss~1Jl5 w 1AOsAo1S8 VIVID
declared elected to the Senate
OF the United States for six
years from the >4th Of March, 1877,
and received his credentials from
Packard. In April, 1877, Henry M.
spo6ord was elected by the Nichols
legislature United States Senator for
the term of six years from the same
date, aud 4eceived his certificate from
Gov. Francis T. Nichols. The Pack
ard legislature fell rspidly to pieces
during the winter and Spring of 1877,
and the Democratic members became
the <1e facto, as they had been by the
known result of the election, the
de jure General Assembly OF the State.
Kellogg presented his credentials to the
Senate, but was not admitted, his
case having been referred to the Com
mittee on Privileges and Elections.
Spodord and Kellogg both appeared,
the former as contestant, before that
coamiAtee ut the extra session of Con-
gress In 1877, which COMMITTEES had q
majority OF Republicans. They had
been directed BY resolution OF the SEN
ate to inquire into the validity, of the
claims of the contestants, and report.
Much Of the testimony to be used be-
fore the committee was agreed upon by
spofiord and Kellogg. The former
asked that he might have process to
produce before them such witnesses
as he required, and his application
was flrst considered, but afterwards
denied. On the Goth day of Novem-
Der 1877, Kellogg was seated by strict
party vote, 80 to %, and has up to the
present time been one of the accredited
Senators from this State.
..i During the present session, Judge
spofford again presented his claims,
as,the duly elected Senator from the
State OF Louisiana, which were referred
to the Committee on Privileges and
Elections, % now organised, and thus
this case has been fe-opened, and is
now being discussed before the Sem
ate. '.' ."
The conclusion at which the Senate
may arrive by an actual vote, is In
great doubt. The Republicans claim
that kellogg can not be unseated by
the renewed contest of Judge spofford,
because the Senate seated him upon
the merits Of his claim on the a0th of
November, 1877, aud his case has be-
come what is known I'm law as res otl.
js'dsossa. On the contrary, those of
the Democratic Senators who advo-
cate the claims Of Judge Spofford as
the, rightfulIy elected Senator argue
ii that the powers Of both Houses of
Congress, to judge, each for itself, of
the election and qualifications of its
members, arc not. judicial in their
character that the Senate can act as a
D court only in cases of Impeachment,
and that Senators must then be spe-
ciaify sworn for tho purpose, and be
presided, over by the Chief Justice or
senior Associate Justice OF the Su.
pfeme Court of the United States !;
that the term, res aeUudicata, is pecu-
marry and Technically and only prop
0elY oDHllKCAh1e IN &l,s, S~~,.>,a. ~.>~s -