The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-05-19
XLVIra CoNGRESS--SECoND SEES
SION,

SENATE. Mr.. Davis of Illinois, from the !
Judiciary Committee. reported hvoraby on !
the House bill to establish districtand circuit |,
courts at Chattanooga and 10 attach the
county of Grundy u the eastern district Of ,
Tennessee. Passed. ,
Mr.. Bayard, from the Committee on FL
nance, repoi ted, with amendment, the bill ms
heretofore reported concerning bonds for
manufacturers of tobacco, snuff and cigars,
exporting the same, to be Cancelled NJ the
port of clearance. Placed on the calendar.
| The amendments ma the bill conform 10
| the bill r, ported To the House from the Ways
and Means committee, its object being to ia
cililate the passage of bill directly from the
Speakers table.
MIR. Hampton, from the Committee on
Military Affairs, reported favorably on the
bill to furnish bronze statue OF Daniel
Morgan to the Cowpens Centennial com.
mi,tee at Spartansburg, South Caro-
lima, and 1t was passed.
At the OK piratun OF the morning hour the
Senate resumed consideration of the kellogg.
Spotiord resolution,
Mr.. Salisbury, of Delaware, made n long
and elaborate argument in favor of the reso'
luton.
, AT its conclusion the House resolution
providing for adjournment on May 81 was
, laid before the Senate and read for the first
time.
Mr.Conkling called attention 70 The fact that
: thc resolution was worded us u joint, and not
I AS "A concurrent, resolution He objected to
j. its second reading to-day. 1t therefore lies
s on the table.
!. Mr. Morgan, OF Alabama, then proceeded
= to speak upon the Kellogg srot3ri r,s,iu'
uors. he thought it an established fact
that the Packard Legislature was shan
and the Nichols body the true Legis'a
:. ture of Louisiana. Congress ould not g.
!. decide upon the legality of II Legislature IA
- to EXCLUDE the State from deciding o'her
I'd wise for herself All the Senate uit 40 IL
n 1877 was to decide that Tor that part'cula
,s occasion Packard's signature ms Governo
- was sufficient 10 be regarded as Prima iaci
Vi evidence of the genuineness OF Kellogg
IS certificate; afterwards the State decided y
IS favor of the Nichols Legislature, and tina
IA body was recognized by all the world. Tn
a. senate in temporarily recognizing u Pack
m ard government, did not bind liz own futur
IN action. The seating of Kellogg, therefor ri
~ not bind any one, not even the Senate in exec
W. W. utiye session. Mr.. Morgan did not thin
n the Senate should be governed by rule
al
"f illustration he gave on this point to the alter
H. ton of those who did not do so The Rt
n. publicans chiefly relied upon the plnn of res
wa adiudicata, but the constitution made tn
a. Senate at all times the Judge fits own mem
oz bers, and gave the States at all times tn
!, right of representation by Senators chose
i've by their Legislatures. Nothing could act
an estoppel for the enjoyment of their rights
The principles Of sdjudicats could onl
be applied in suits between individuals, nc
& in cases affecting the rights of States and tn
led whole people. Mr.. Morgan said that in admi
led ting MIR. Jonas as Senator, the Senate ha
,ho recognized the Nichols Legislature and in
W" plicitly added that the Packard Legislatul
re- was not legal. All the members of u
nj House from Louisiana were elected with u
ner Nichols government and were seated beir
-, Kellogg was. The action of the Senate
,% seating Kellogg was void. II could not d
-. eide which was a Legislature. 1t could n
,o interfere with the government of Stat
~ The State could be known to the Senate OF
-. ciAlly only through its constitute
ON GOVERNMENTS. its officers 81
or, laws. The Senate could n
N,I rightfully refuse 10 recognize SUI
na governments. 1t should al in harmon
NY With otbor departments of the Governmel
un in recognizing the State Government
III Louisiana. Whatever its opinions,
should recognize facts. Mr.. Morgi
showed that the original inquiry in u
C. State was limited 10 the time of each CO
testsnt That at the time no charges
e'n corruption were brought before the Sena
ury and that il was not proper for the col
INT, mittee 70 entertain such charges until
cen question of a legal Legislature sbol
be decided. 1t is therefore impossible Il
ea' Kellogg's innocence Of bribery could hu
ted. been established by the former report that
in was entitled to seat on his merits. Fur,l
an. Investigation had established his guilt J
.aa Morgan did not think former csses decid
ii, r;s by the Senate had established the practice
i'm. res adjudicais in Congress.
.,a, Al the conclusion OF Mr.. Sorgan's RENAL
arn. the Kellogg-Spoford resolutions were
formally laid aside until Tomorrow, wh
Mr.. Butler, of South Carolina, will speak
them.
as. After the transaction of some unimportt
Jon. pu WnusrWMr T,'bh from he Commit,
his on Appropriations, reported back the p
hich sion Deficiency Appropriation bill. The
~ is similar to the one reported last week, W
~ ~ an additional ca,se::to apply $4,000 to 81
leri- pie we See,y VI sa s ,hn rs,janna mar;
!. now on the Pacific coast, for the relief OF
nrpp officers and crews of the whaling barks,
Walston and Vgilant now imprisoned in
Arctic ocean. The bill was considered in
>. House rs in the Committee of the Whole.
H. Mr.. Chalmers offered an amendment c,
stly STRUNG the act of March Bird, 1873, EMIT
ring an act to place aolored perss. ms who enlis
Soc. IN the army on tho same footing as ot
soldiers as 10 bounty and pension, 50 US
lier' extend its provisions to the heirs Of s,
noes soldiers in their claims for military serv
be. The amendment was ruled out on the pc
on of order. Mr.. Chalmers appealed from
the decision.
s Of Mr. Garfield suggested that The anne
- Il hn MI bd-a,,r ur,h ~