The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-03-26

Tho Kellogg Case.
~. cheryeslou Mems says that the I'M
~.s,inx Of sea,tor KELLoS1 by the vote OF
: ess,crity Of the Senate, 70 consormi'y WIN
s,r report Of the Comntstee on Privileges
sra Eletflons, would be. In It's opinions
exceedingly injurious and dangerous 20 'ae
s,cmoerstic party, seeing that u wou'u DC
REGARDED In the Moth as evidence OF '"c ue.
serutna,ion Of the Democrats to preserve
tbSsr majority In thc Senate at any cos'' anu
WIN establish q crecedent that the Kepuph-
,csns will follow Enthusiastically whenever
shey have the power. !.
These two reasons are rot ss"c'eu' ~
shcmselyss co excuse the Democfs's I've
allowing KsssLoGd to reusssn m s's sea. :"
,he senate n he was not swfully elected 70
A. The argument ti,st the unseating Oh
vx,,oca might iniur the Dcmocraticpar-
~ addresses itself to mere partisnns as
does also the argument that the Repuoii-
cans win follow the precedent and 'Inseat
Democrats as soon a@ they get The peweF 10
do so. We, too, arc inclined tc'nF'k 'na'
Che Democrats OF s'ke Senate will end u
dar sTous preceaentto set uulesstbey have
made up their mFsds to unseat Kepuoh'
can whenever that actien may BE necessary
to tie perpe,usaion OF Democratic ascend
eney 10 that badly; but we do not oher ln's
rs reason Why Mr.. KELLOGG should De
allowed to serve out his term.
In the first pace. when senator Is seated,
.lant
especially. when he is seated after contest
ma was the casc with Ms. KELLOGG, the
question ought to be considered as bna''y
settled so fac rs his title to his seat is con-
cerped. II he does anything afterwards
whicb would Justify his exclusion from the
Senate, he ought TO be expelled for that rea-
son, His credentials ought never TO De
called in question again. ilt ought TO be
held In the Senate, as in courts OF justice,
that adiudiested points must stand rs sell
tied. II Mr.. KELLo0G may now be ousted,
there is no reason why Dir. BUTLER should
not also be o.sted II two or three senators
have changed their minds as to bis right TO
his seat since he and KELLOGG were both
declared lawful members OF the Senate.
Messrs. BUTLER aud KEiL0GG were seated.
II surely 10 time that their right to their
seats should be considered as settled.
But convincing reason whv KELLOGG
should not be uuseated is furnished by the
Neus, which clearly shows that Messrs.
BUTLER and KELLOGG were both seated in
accordance with a district understanding
between certain Republican and Demo
cratic senators that both were to share the
same fate. There can be no excuse for an
act Of bad faith; and that the unseating Of
KELLOGG would be such an act appears
from the records OF the Senate. The NewS
quotes full history Of the seating from the
record, and then gives the following rfSumf
of that history:
MIR. SauIsbury's proposition to instruct
The committee to take testimony on tie is
sues Il fact between the contestants, ana
Mr.. MOrgan's proyiso that the admission Of
Kellogg should not preclude an inyesiga-
ton of the charges against him, we're not
agreed 10. Mr.. Hills resolution TO admit
Spofford was voted down. The resolution
firally adopted declares that Kellogg was
entitled to be seated "upon the merits
Of the case" and this resolution was
brought to a vote 10 pursuance of the
proposition, submitted by Mr.. Edmuuds.
which Mr.. Thurman asked the Democrats
to accent. 1t is spoken Of throughout, on
both sides, as al agreement" and an
understanding When Mr.. Meirimon
subsequently moved that Spoford be al
lowed to produce at the bar what we be-
lieve to be the very testimony since taken
by the Committee on Privileges and EIec
items, Mr.. Edmunds objected TO the motion
as "a plain violation Of the understanding"
II IL clear, therefore, that Kellogg was adj
mitted under an agreement between the
Democrats and Republicans, and was adj
mitted upon "the merits Of the case" not
upon prima:f dcie title.