The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-05-20
Senator Hampton on Kellogg.

On last Thursday Senator Hampton, oi
this State, made an able speech in oppo-
sition to the effort which is now being
made to unseat Kellogg as Senator from
louisiana, of which the following outline
has been published:
Mr.. Hampton said he was not q lawyer,
but he proposed to discuss the matter on
generally recognized principles of justice
and right, endeavoring to free himself
from partisan feeling. There were cases,
and this was one, where Senators should
lay aside sectional prejudices and party
allegiance. He did not impute to Mr..
Spoford or his friends any improper mo-
tives, and, therefore, he was panied to
differ from them, and from his party as
sociates with whom he held so many
views in common. They would at least
credit him with sincerity in this differ.
ence. Mr.. Kellogg's credentials were
presented in January, 1877, and referred
to the committee in March. Mr.. Spof-
ford's were presented in October. Both
parties consented to a consideration of
certain evidence taken by other investi-
eating committees. The Senate also
passed resolution authorizing the COM
mittee to take full original evidence taken
by other investigating committees
There was no doubt that the committee
had full authority 10 investigate all the
merits of the case. Mr.. SpoAord at one
time filed a request for more evidence,
which was denied by the committee on
the ground that sufficient testimony had
been taken. This ruling, Mr. Hamp-
ton thought, unjust, but it was undoubt-
edly fully competent for the committee
to decide when to stop taking testimony
If committee abuses its power in this
respect, an appeal can be taken to the
Senate. The Senate at that time an
nounced its deliberate judgment that Mr..
Kellogg was entitled to his seat, yet it is
now claimed that that action had no
binding effect. Mr.. Hampton could tad
NIT the principle that the settlement of a
contested case on its merits could be
overthrown at will upon the accession of
majority of a different party. If this
case can be reheard now, what is to pre-
vent its being heard again and again ?
In all litigation there must be some end
of strife, and, in the spirit of law, this
case should rest where tits. Mr.. Hampton
then cited number of authorities and
precedents in this country and England
to show that it was a we'll established
principle, that when q case was once set
tied upon its merits it could not be re-
opened. The consequences of leaving the
title to seats forever to question were
more disastrous than to have an OCCASION
al case wrongly settled. The whole
weight Of authority seemed to MIR:
Hampton to show that the Senate acted
judistally and that its action was final.
He had carefully avoided the political
aspect of the case. He dared not trust
himself to enter too deeply into that
question. All his sympathies were with
the contestant, and with the State OF
Louisiana which had suffered 80 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 this ac-
ton. The Senator from Georgia (Mr.
Hiln had expressed the hope that the
Southern Senators would not ignore the
right in this case. That great Senator
would hardly reft to admit the hon
esty of motive in those differing from
the committee, when, as in MIR. Hamp-
toms case, their sense of duty led them
to sacrifice their personal feeling. The
flag above them was that of all the States
and all we've equal there. Southern Sena-
tors we're not here, as might be inferred
from the reportof the minority ofthe COM
mittee, on probation or temporarily, but
as equal representatives of sovereign
States. They had no need to excuse or
explain their conduct. They would be
judged rather by their acts than their
professions. Let them do their duty and
disregard the consequences: He thanked
the Senator from Georgia (Mr. Hill) 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 (Gen. Gordon =
They went where honor could be gained,
but where personal safety could not be
found. If in those dark days, when it
was not my good fortune to enjoy what
now do, the benefit of the precepts and
example of the Senator from Georgia, L
upheld as best could the honor Of my
State, trust that I shall not prove re-
creant to it now. The people of South
Carolina can best Judge how their honor
is guarded here, and should it ever be
my misfortune to misrepresent or dlsap-
point them in any way by having the
courage 70 follow my convictions, they
will at least say:
"He brayed the shaft of censure and Of shame;
And on the field Of honor pledged soldiers
fame