The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-02-03
THE KELLOGG CASE.
THE DANGEROUS PRECEDENT FOR THE
SOUTH.

THE DANGEROUS PfkkCEDEN1 run AEAA@
SOUTH.
We infer that the Kellogg case Is
definitely settled, and settled against
the rights of Louisiana, and further ar
gument ON the subject will not avail to
reverse what appears to be an irreversi- |
BILE judgment. 1t has been urged that
it would be advisable to keep Kellogg
in the nsurped seat as an expedient to
prevent the threatened expulsion of
Southern Democrats from the contested |
seats in Congress as advised by the
acting President in his last message. /
Though it will imperil Democratic as
tendency in the present Senate, and
violate a vital principle, we shall be
gratifed if the concession should temper
the fierce winds of Republican wrath TO
the Representative who have been mark
ed for the slaughter. But let US wait and
see what we will see 1t has been urged
further that the unseating of Kellogg
would be a dangerous precedent"
Ave, the sword has another edge
that the Jealous champions of the Kel-
logg side, have overlooked. But it has
not escaped the keen scrutiny of that
able lawyer and astute Democratic
leader, Senator Ben. Hill, of Georgia.
Here is the way he presents it to a.
correspondent of the Louisville-Courier
Journal:
1t is bad, very bad, to see Democrats
giving votes which declare that under the
power to ''judge of the elections, qualifca-
tions and returns, of its own members
this Senate can also judge of the elections,
returns and qualifications of the members
of the State Legislature, and, il order to
admit a partisan in the Senate, can recog-
nze any mob as a Legislature, and that
such plain usurpation is not only legal, but
irremediable. Yet all these monstrous things
every Democratic Senator does declare who
votes to retain Kellogg in his seat. But
what troubles me more, is the effect such
rule may work in the future, especially on
the Southern States.
Answer-By using this precedent, the
Republicans, after once getting majority
in the Senate, can prevent any Democrat
from the Southern States, especially from
South Carolina, Mississippi, Florida and
Louisiana, from ever again being admitted
into the Senate Under the doctrine of this
Kellogg case they can make the South for
ever solidly Republican in the Senate, and
will thus make the Senate forever Republi-
can.
Question-Will you explain how they
can do this 3?
1t is too plain to need explanation, but 1
will explain it.
In 1876 large majority of Democrats
were actually elected to the Legislature in
Louisiana. But the Republicans declared
that the election was not fair, and that if it
had been fair large majority of Republic
cans would have been elected According
ly the Republicans who were elected united
with a sufficient number of Republican
candidates who were defeated to make
quorum and declared themselves to be the
"rightful Legislature" This motley crowd
elected Kellogg. In 1877 the Senate de-
clared that Kellogg was "rightfully entitled
to his seat" and certain Democrats declare
that this Senate had jurisdiction to treat
this mob as a Legislature, and having done
80, the act becomes not only legal, but
irremediable.
Now apply this rule: In 1892 the people
of South Carolina will elect Legislature.
That I4ezyi=Iattrre elect fsenator=to
succeed Mr.. Butler. Doubtless a majority
of the Legislature actually will be Demo-
Gratis. But the Republicans say that South
Carolina will always be Republican if the
elections are fair. Accordingly the Repub-
licans elected in 1882 can unite with Re-
publcans, who, they will say, would have
been elected if the election had been fair, |
and will elect Senator, and the Republi- /
can majority here will say that such Sena-
tor ''is rightfuly entitled to his seat" and /
both the Democratic Senators now sitting
in the seats of Calhoun and McDuff1e will |
be on record as having declared, under their
oaths, that this will be not only in the
power of our Senate to do, but also beyond
the power of any other Senate to undo
The same process can be applied to Missis-
sippi and other States, and there will be no
remedy"
fBut the State will not allow such a
crowd to assemble 81
''The State cannot prevent.it. They will
assemble peaceably, make their election and
adjourn, and no power can prevent them
Of course they can pass no laws. The
Packard mob made no laws. They dis
banded and admitted their illegality. The
Governors certificate is not essential. Any
other satisfactory evidence of election is
sufficient. No court in Louisiana, State or
Federal, respects single act of the mob
that elected Kellogg. No human being on
earth obeys or respects a single act of that
mob, except the Republicans and few
Democrats in this Senate, and they respect
40 act of tiat mob, except the election of
Kellogg. I tell you, no body of men can '
aver assemble that will have less authority s
20 elect a Senator than had that bribed,
1eriured and viIlainous mob that elected Kel- '
ogg, and if kellogg is to be retained by c
Democratic votes, no Democrat will ever
hereafter be admitted to this Senate from
he States named except by the favor and 1
trace of the Republican majority. If it is :
light to deprive Louisiana of her lawful r
Senator through the agency of the Packard !;
Kellogg mob, it can not be wrong to de-
rive other States of their lawful Senators :.
trough the agencies of similar mobs, some
# which may be better and none of which
an possibly be worse than the one whose c
ction these Democrats now sustain" =
"Mr Hill, please point out in a few words =
be error of course which can work such
esults."
The whole error lies right here. This I
enate is not the power to establish a Leg n
e