Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-05-14
FORTY-SIXTH CONGRESS.
The Senate.
Second SESSION.

u
from the secretary of the interior recommend
ng an appropriation of$57, 800 TO cover defcien-
cies in appropriations for ssleries and commits
sions of registers and receivers of land Offices
for the fiscal year ending Jdno 30th, 1880. Re-
ferred,
Senator Ingalls, submitted O resolution direct
ing the secretary of the treasury to inform the
Senate whether the bill for repeal of certain
permanent and indefinite appropriations would
effect the appropriation TOR the sinking
fund for the 81: 65 bonds of the District of Col
umbia, provided for by act of Congress of
March Sd, 1879. Adopted.
Senator Plumb submitted resolution direct
ing the secretary of the interior to report the
facts relative to the rejection of certain bids
for wagons for the Indian service, alleged To be
lower than those for which the award was mad.
Adopted.
Senator Voorhees, Submitted resolution di-
recting the secretary Of the interior to report
to the Senate the names Of all railroad cOrpo-
ratiOns in the United States. to whom grants of
land have been made by comp pllance with the
terms of grants within the time specified there
in. Also the number of acres of unsold land
claimed by each of such railroad corporations
and the period of time when their right to
them expired under the limitation contained in
said grants. Adopted,
The Senate, on motion OF Senator Beck. took
Vile & Portland canal after July l, 1880, and
authorizing the secretary of war to draw upon
the treasury for the actual expenses of opera
tion and repairing the same. The bill was
read third time and passed.
On motion of Senator Voorhees,, the bill to
provide additional accommodations for the
library of Congress was taken up. Senator
Morrill, offered an amendment providing for
the committee to select proper site for IL
brary building, and on the conclusion of his
speech, the morning hour having expired, the
Kellogg resolutions were taken up, and Sena-
tor Hampton spoke thereon.
Senator Hampton did not lmpute to SpoitOrd
or his friends any improper motives and there
fore he was panied to differ from them and from
his party associates, with whom he had so many
views in common. They would at least credit
him with sincerity in this difference. He was
not lawyer but proposed to discuss the mat
ter on generally recognized principles of JUS
lice aud right, and endeaVOring to free himself
from partisan feeling party fealiy was often
necessary, but thera were cases. and this was
one, where Senators were called upon CO lay
aside allegiance to party or sectional preiu-
dices. They were bound in dealing with the
rights of States to do Justice to all mpartially.
The traditions and rules which had obtained
in the organization of this august body could
not be tampered with or diEregarded.
Mr.. Hampton could not admit the principle
that the settlement of contested case Oh its
merits could be OVerthrOWn at will upon the
accession of majority Of different party.
The Senate announces rs its deliberate JUdg-
ment that Kellogg was entitled to his seat.
Yet it was now claimed that action had no
binding effect. If this case can be reheard
once, it can be again and again. In all litiga-
ton there must be some end of strife, and in
the spirit of the law this case should rest where
it is. He had carefully avoided the political
aspect of the case. H6edared not trust him.
self tGO deeTlV into that OunstiOn. All his
sympathies were with the contestant in this
case, and with the State of Louisiana, which
had suffered so great wrong, but the Senate
had no power to redress that wrong. Time,
the great healer, could alone assuage her
wounds. He hoped the people Of that State,
with whom his own people had SO much in
common, would not miscOnstrue his action.
The Senator from Georgia (HilD had expressed
the hope that Southern Senators would not ig-
more the right in this case. That Senator would
hardly refuse to admit honesty of motive to
those differing from the committee, when as in
his (Hampton's) case, their sense of duty led
them to sacrifice their personal feeling. The
flag above them was that OF all the States and
all were equal there. The Southern Senators
were not here, as might be inferred from the
report of the minority committee, ,on probation
or temporarily, but as equal representatives. of
sovereign States. They had no need to excuse
OF explain their conduct. They would be
Judged rather by actions than professions. Let
them do their duty and disregard the cOnse-
quences.
He thanked the Senator from Georgia (ailD
for denying the rumor dishonorable to his
State. He was jealous of her honor. He had
fought on bloody fields with her gallant troops,
side by side with those of her sister State of
Georgia, led by the Senator's colleague, Cor
don. If, in thoss dark days, when it was not
my good fortune to enjoy what now do, the
benefit of the precepts and example of the Sen
-
the honor of my State, l trust that shall not
prove recreant to it now. The people of South
Carolina can best judge how their honor is
guarded here and should it ever be my mis-
fortune to misrepresent or disappOint them in
any way, having courage to follow my convic
tions, they will at least say
''Hs braved the shafts of censure and of shame,
And on the field of honor pledged a soldiers
fame"
(Applause.)
Senator Carpenter next took the floor. He
understood the Senator from Georgia (HilI to
have argued that after the Senate had seated a
person it would have to unseat him if the State
recognized another legislature. This would
make the States, not the Senate, Judge of who
shall be Senators. Suppose Louisiana should
get another legislature next year that would
say Packard was Governor and not Nichols.
Then, if we have seated Spofford, he must go
out and Kellogg come back. The Senate would
have nothing to say about its own members.
SenatorOsrpen said no body denied that the
Senate could not go behind returns to deter
mine whether the number of legislature that
chose a Senator were legally elected themselves,
but where there were two bodies claiming to be
legislatures The Senate could not decide for
itself. The general government has to inter
fere to preserve order and decide which is the
legislature, and that settles the matter. Two
things enter into the election of Senator. He
must have been chosen by some body, and that
body must have been the legislature of the
State, and when the Senate DEGREES that a man is
entitled to seat on the merits it DEGREES that
both those requisites have been observed.
Senator Carpenter quoted from various legal
decisions, some of them the same as those
quoted by the Senator from Georgia yesterday,
and held that taken in all their points, they
defeated the latter's argument. As to res Gd-
.iulicdta that Senator had read much to prove
what everybody knew, that judgments made
against jurisdiction were void, but he skipped
the question whether the Senate has iurisdic-
tion. In this matter the Senator had become
facetious and told the Republicans that on
their doctrine, if boy 10 years old were seated,
he became by that action 30 years DID, and if q
woman were seated she would have to stay
there. Tee Senator'S apprehension seemed to
ach its greatest height. Iaughter).
The Senate was not likely to admit women,
but it would be hard TO show that the word
persons" in the constitution meant men only,