The news and herald. (Winnsboro, S.C.) 1877-1900, 1880-05-15
TIE KELEOG CIfST.

both may reap the reward. W. L.
THE KELLOG CASE.
Speech of Senator Wade Hampton on the
Proposition to Unseat tho Louisiana III
cumbent.
The United States Senate has for
somo days had before it the question
of gushing Kellogg and seating Spof-
ford as Senator from Louisiana. On
Thursday Senator Hampton delivered
speech iavoring Kellogg's claims, of
which the Associated Press dispatches
give the following synopsis:
Mr.. Hampton said he was not Il
lawyer, but proposed TO discuss
the matter Oh generally recognized
principles Of justice and right, en-
dcavoring to free himself from Darti-
san feeling. There were cases and
this was one, where Senators should
lay aside sectional prcjudices and
party Allegiance. lie did not impu:c
to Mr.. Spoflord and his friends any
improper motives, aud therefore he
was panied TO diner from them and
MS party associates with whom he
held SO many views in common. Thcy
would at least credit him with sinccri-
ty III this difference. Mr.. Kclloug's
credentials were presented in january,
1877, and referred to II committee in
March: Mr.. Spollord's were presented
in October. Both parties consented
to the consideration Of certain cvi-
dencc taken by other investigating
committees. The Senate also passed
a resolution authorizing the committee
to take full and original evidence.
There was no doubt that the commit
tee has full authority to investigate all
the merits Of the case. Mr.. Spofforl
at one time filed a request for more
evidence, which was denied bv the
the committee on the ground that suC.
ficiom testimony had been taken. This
ruling Mr.. Hampton thought unjust.
but it was undoubtedly fully connpe-
tent for tbc committee to decide when
to stop taking testimony, If a COM
mittcc abuses its power in this respect,
an appeal can be taken. The Senate
at that time announced its deliberate
judgmcnt tl!at Mr.: Kellogg was enti-
tied to his scat, yot it is now claimed
that that action had no binding effect.
Mr.. Hampton could not admit the
principle that the settlement of the
contested case on its merits could be
ovcrtEroWn ut will upon the accession
OF majority OLA different party. If
this case can be rc-hcard now, what is
to prevent its being heard again and
again? In all litigation there must be
some end of tho strife, and in The spirit
oflaw, this case should rest where tits.
Mr.. Hampton then cited II number Of
authorities and prccedonts in this
country and England to shoy that it
was y Wcll-cstablishcd principle that
Whcn case was once settled upon
its merits, it could not be re-opencd.
The consequences Of leaving tit les to
seats forever open to question
were more disastrous than to have an
occasional case wrongly settled. The
whole weight Of authority seemed to
him Olampton) to show that the Sell
ate acted judiciously and that its action
was final. lie had carefully avoided
the political aspect of the case. lie
dared not trust himself to enter too
deeply into that question. All his
syinpqthlcs were with the contestant
and with the State of Louisiana, which
had suffered so great a wrong; but
the Senate had no power to redress
the wrong; time, the great healer,
could alone assuagc her wounds. lie
hoped the people Of that State, with
whom his own people had so much
III common, would not miscontrue his
action.
AT the conclusion of IIampton's
speech Carpenter took the floor and
occupied the remainder of The after
noon with an argument in support of
Kcllogg's right to the seat.