In January, 1877, a Republican Legislature was organized
in Louisiana, which recognized Mr. Packard as the lawful Governor
of the State. Packard had been elected, according to the
claim of the Republicans, at the same election at which the
Republican electors, who cast their votes for President Hayes,
had been chosen. That Legislature elected Kellogg. When
President Hayes refused to continue his support of the Republican
government in Louisiana by military force, the Democrats organized
the Legislature, a Democratic Governor took possession of
power, and the Republican State Legislature melted away. It
had done little or nothing, except to elect Mr. Kellogg.
Under these circumstances, the Democrats on the Committee
on Privileges and Elections, and in the Senate, claimed that
the recognition of the Democratic Governor had an ex post
facto operation which determined the title and right of the
Legislature who undertook to elect Mr. Spofford, Mr. Kellogg's
competitor. The Republicans, on the other hand, claimed that
nothing which occurred afterward could operate to determine
the question of the lawfulness of the Kellogg Legislature,
or its power to elect a Senator.
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