Year: 1877

position was taken up and the Senate
amendments agreed to. The joint res
olution was then read third time and
passed.


| A number of bills were introduced
and referred, when the consideration of
the Kellogg case was resumed, and
| Salisbury spoke in favor of recommit-
ting the subject to- the committee on
privileges and elections, with instruc-
tions to take testimony.


Paddock submitted the following:


WHEREAS, 1t is alleged that the
Union Pacific railroad company, and
its branches have heretofore neg
lected, and still do neglect and re-
fuse to operate their roads in accord
ance with the acts of Congress under
which their constitution was author
lied, and whereas, it is alleged that by
reason of said defaults and on account
of the same the Government of the
United States and the public have been
and still are being damaged and de-
prived of their just and lawful rights
and privileges, stipulated, defined and
agreed upon in said acts aforesaid,
therefore, be it


Resolved, That the President of the
United States be, and he is hereby re-
quested, to inform the Senate what
legal impediments, if any exist, which
prevent him from executing the laws
in accordance with the obligations ac-
cepted and agreements made by said
Union Pacific railroad company and
branches with the United States, as
stipulated and agreed upon in the sew
eral acts aforesaid. Ordered printed
and lie on the table. Paddock gave
notice that he would hereafter submit
a resolution as a substitute for the res
olution of Chaffee on the subject, now
pending.


The Kellogg-Spofford contest was
then resumed, and fillibustering con-
tinued.


Patterson delivered a carefully pre-
pared speech on his action in voting
with the Democrats in favor of Butler,
of South Carolina, to a seat in the
Senate. His effort reflected on the
administration and the Republicans of
the north, for deserting South Carolina
in her hour of need.


Pending discussion, Thurman moved
that the Senate proceed to executive
business. Rejected, yeas, 81; nays,
81. Tie vote. The Vice-President did
not vote; he simply announced that the
Senate refused to go into executive ses-
sion. The Democrats voted in favor of
executive session, and the Republicans
against.


Sargent, from the committee OH Ap-
preparations, reported the deficiency
appropriation bill with amendments.
Placed on calendar.


The Senate then took Il recess until
Up. m.


Upon reassembling, Bayard said he
must solemnly aver that the presenta-
tion of such resolution as that now
before the Senate to seat Kellogg. was
a blow more cruel and unjust than any
other before struck against the people
of Louisiana. He was shocked at such
a proposition. He did not think party
spirit could ever have brought about
such an end as this. He thought after
last spring-after a wise resolution had
induced the Executive to take the hand
of military power from the throat of
the people of that State; when peace
seemed again to hover her blessed
wings over the country the time had
come when reconciliation with the peo-
pie of the South was to be established
on the basis of simple and eternal JUS
tice; but the resolution now before the
Senate disturbed his hopes and called
fourth these sincere expressions OH the
approaching discussion.


Bayard then read extracts from the
opinion of Judge Strong and Bradley,
as members of the Electoral Commits
sion, to show the decision Of the COM
mission regarding the Presidential
vote could have no binding effect on
either house Of Congress in inquiring
into the election and qualifications of
one of its members. 1t had been at
tempted to show that the decision was
binding in this case. 1t was totally
mistaken idea that the judgment of
that commission could in any degree in
law, or in fact, touch an election Of a
member of either house Of Congress.


Hoar, Garfield and other members of
the commission took the same ground,
that had the Electoral commission
thought itself authorized to make Il
scrutiny into the Presidential election,
which the two Houses Of Congress can
do in regard to its own members, that
scrutiny would have made the result
arrived at impossible. The Congress
under whose control the Electoral COM
mission bill was passed had ceased to
exist, but the law which organized it
had warrant in the constitution,
although the result met all the opposi-