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430,000,001 | The Secretary will read the names of the newlyelected Senators. The list was read as follows: lion. Bainbridge Wadleigh. of New Hampshire. Hon. Justin S. Morrill. of Vermont. Hon. Orris S. Ferry. of Connecticut. Hon. Roscoe Coukling. of New York. Hon. Simon Cameron. of Pennsylvania. lan. George h. Dennis. of Maryland. Hon. Augustus S. Merrimon. of North Carolina. Hon. John J. Patterson. of South Carolina. Hon. Simon B. Conover. of Florida. Ion. George E. Spencer. of Alabama. H10a. Stephen WV. Dorsey. of Arkansas. lion. John B. Gordon. of Georgia. Hon. Lewis V. Bogy. of Missouri. Hon. Thomas C. MeCreery. of Kentucky. Hon. John Sherman. of Ohio. Hon. Oliver P1. Morton. of Indiana. Hon. Richard 3. Oglesby. of Illinois. Hon. Timothy 0. Howe. of Wisconsin. Hon. William B. Allison. of Iowa. Hon. John J. Ingalls. of Kansas. Hon. Aaron A. Sargent. of California. Hon. John Il. Mitchell of Oregon. Hon. John P. Jones. otNevada. When the name of Mr. Conkling was called.
| S | "1873-03-04T00:00:00" | 1 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 39 | 65 | 03041873.txt | 972 | 161 |
430,000,002 | said: Mr. President. owing to some inadvertence the credentials of the Senatorelect from Now York have not been presented in this body. It is a matter of public notoriety that he has been elected. and. in accordance with the usage of the body. I move that the oath of office be administered to him.
| S | "1873-03-04T00:00:00" | 2 | Mr. HAMLIN | Unknown | HAMLIN | Unknown | M | 66 | 71 | 03041873.txt | 298 | 54 |
430,000,003 | The question is on the motion of the Senator from Maine.
| S | "1873-03-04T00:00:00" | 3 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 72 | 73 | 03041873.txt | 56 | 11 |
430,000,004 | The order of proceedings will now be formed. for the purpose of repairing to the front of the portico. according to the programme prepared by the Committee of Arrangements. Those assembled in the Senate Chamber proceeded to the platform on the central portico of the Capitol in the following order: The Marshal of the Supreme Court. ExPresidents and exVicePresidents. The Supreme Court of the United States. The SergeantatArms of the Senate. The Committee of Arrangements.
| S | "1873-03-04T00:00:00" | 4 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 137 | 147 | 03041873.txt | 472 | 75 |
430,000,005 | of the United States. the PRESIDENTELEcT. The VIcEPRESIDENT and the Secretary of the Senate. The members of the Sonata. The Diplomatic Corps. Members of the Cabinet and the SolieitorGencral. Exmembers of the House of Representatives. and memberselect of the Fortythird Congress. Governors of States. Officers of the Army and Navy. Other persons admitted to the floor of the Senate Chamber and to the reserved seats at the left of the diploiuatic gallery.
| S | "1873-03-04T00:00:00" | 5 | The PRESIDENT | Unknown | Unknown | Unknown | Special | 148 | 158 | 03041873.txt | 454 | 72 |
430,000,006 | BLECT delivered the following
| S | "1873-03-04T00:00:00" | 6 | The PRESIDENT | Unknown | Unknown | Unknown | Special | 159 | 159 | 03041873.txt | 29 | 4 |
430,000,007 | I move that nntil otherwise ordered the hour of the daily meeting of the Senate be twelve oclock noon.
| S | "1873-03-04T00:00:00" | 7 | Mr. ANTHONY | Unknown | ANTHONY | Unknown | M | 288 | 289 | 03041873.txt | 102 | 19 |
430,000,008 | Now. I move that when the Senate adjourus today it be to meet on Thursday next. the day after tomorrow.
| S | "1873-03-04T00:00:00" | 8 | Mr. ANTHONY | Unknown | ANTHONY | Unknown | M | 292 | 293 | 03041873.txt | 103 | 20 |
430,000,009 | I think we had better meet here to.morrow. ["0. no."] I think we are called upon to notify the President that we are convened pursuant to his proclamation. That certainly ought to be done by tomorrow.
| S | "1873-03-04T00:00:00" | 9 | Mr. RAMLIN | Unknown | RAMLIN | Unknown | M | 294 | 297 | 03041873.txt | 200 | 36 |
430,000,010 | Let that be done today.
| S | "1873-03-04T00:00:00" | 10 | Mr. CONKLING | Unknown | CONKLING | Unknown | M | 298 | 298 | 03041873.txt | 23 | 5 |
430,000,011 | Verywell. If that is agreeable to the Senate. I move that a committee of three be appointed to notify the President that a quorum of the Senate is present and ready to proceed to business.
| S | "1873-03-04T00:00:00" | 11 | Mr.HAMLIN | Unknown | HAMLIN | Unknown | M | 299 | 301 | 03041873.txt | 188 | 35 |
430,000,012 | Does the Senator from Rhode Island withdraw his motion T
| S | "1873-03-04T00:00:00" | 12 | TheVICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 302 | 303 | 03041873.txt | 56 | 10 |
430,000,013 | Certainly. for that purpose.
| S | "1873-03-04T00:00:00" | 13 | Mr. ANTHONY | Unknown | ANTHONY | Unknown | M | 304 | 304 | 03041873.txt | 28 | 4 |
430,000,014 | The Senator from Maine moves that a committee of three be appointed to wait upon the President of the United States and inform him that a quorum of the Senate las assembled. pursuant to his proclamation. and that the Senate is ready to proceed to business.
| S | "1873-03-04T00:00:00" | 14 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 305 | 309 | 03041873.txt | 256 | 46 |
430,000,015 | Now I renew my motion that when the Senate adjourns today it be to meet on Thursday next.
| None | "1873-03-06T00:00:00" | 1 | Mr. ANTHONY | Unknown | ANTHONY | Unknown | M | 8 | 9 | 03061873.txt | 89 | 18 |
430,000,016 | It seems tome that we might as well meet tomorrow. We do not expect.to do much for a day or two. but we can get under way and do something toward facilitating our business tomorrow. We shall not stay here very long at all events. and I think we might as well commence our business. so as to complete it as soon as possible.
| None | "1873-03-06T00:00:00" | 2 | Mr. BOIREMAN | Unknown | BOIREMAN | Unknown | M | 10 | 15 | 03061873.txt | 323 | 64 |
430,000,017 | If my friend from West Virginia had been in a moment before. he would have heard the expression of opinion of various Senators from all over the chamber against meeting tomorrow. the desire being almost universal to have that day for rest. I hope we shall be allowed to veto and not spend time on the question.
| None | "1873-03-06T00:00:00" | 3 | Mr. CONKLING | Unknown | CONKLING | Unknown | M | 16 | 21 | 03061873.txt | 310 | 57 |
430,000,018 | I shall vote against the motion.but I shall not press any opposition in debate. The question is with the Senate.
| None | "1873-03-06T00:00:00" | 4 | Mr.BOREMAN | Unknown | BOREMAN | Unknown | M | 22 | 23 | 03061873.txt | 112 | 20 |
430,000,019 | The question is on the motion of the Senator from Rhode Island. that when the Senate adjourns today it be to meet on Thursday next.
| S | "1873-03-06T00:00:00" | 5 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 24 | 26 | 03061873.txt | 131 | 25 |
430,000,020 | Now. unless some Senator has another motion to make. I move that the Senate adjourn.
| S | "1873-03-06T00:00:00" | 6 | Mr. CONKLING | Unknown | CONKLING | Unknown | M | 28 | 29 | 03061873.txt | 84 | 15 |
430,000,021 | If there are any Sepatorsolect present who have not been sworn in. they will now advance to the chair.
| S | "1873-03-06T00:00:00" | 7 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 40 | 41 | 03061873.txt | 102 | 19 |
430,000,022 | I ask that the oath be administered to my colleague. Hon. OnsIs S. Fxnuy. from the State of Connecticut. and Hon. JOHN P. JoNEs. from the State of Nevada. advanced to the chair. and the paths prescribed by law having been administered to them. they took their seats in the Senate.
| S | "1873-03-06T00:00:00" | 8 | Mr. STEWART | Unknown | STEWART | Unknown | M | 42 | 47 | 03061873.txt | 280 | 51 |
430,000,023 | I ask that the oath of office be administered to my colleague. Hon. BAiN:cRnl WADLrIG. from the State of New Hampshire. and Hon. George E. Spencer. from the State of Alabama. advanced to the chair.
| S | "1873-03-06T00:00:00" | 9 | Mr. CRAOLN | Unknown | CRAOLN | Unknown | M | 48 | 52 | 03061873.txt | 197 | 35 |
430,000,024 | Do I understand the Senator from Alabama proposes to be sworn in at this time?
| S | "1873-03-06T00:00:00" | 10 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 53 | 54 | 03061873.txt | 78 | 15 |
430,000,025 | The Chair so understands.
| S | "1873-03-06T00:00:00" | 11 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 55 | 55 | 03061873.txt | 25 | 4 |
430,000,026 | I shall object to the swearing in of Hon. George . Spener. from Alabama. until the question of the credentials of another and opposing Senator have been considered. I make no objection to the honorable Senator from Now Hampshire being sworn in. The Chair called the honorable Senator from New Hampshire. but I obser ved Mr. Spencer approach the chair and hold up his hand to be sworn at the same time. He is now aware. if he was not before. that there is objection to his being sworn in as a member of this body until the credentials of a person who claims title to the seat. as well as his own credentials. have been submitted to the scrutiny and the report of a committee of this body. When they have been passed upon and the Senate have niado their order. I think it will be time to swear in whoever was legally elected. As a member of this body. I desire that its proceedings shall be conducted with regularity. The Chair will understand that there is not the least objection to the swearing in of the honorable Senator from New Hampshire. but simply to the proposed member from Alabama. who was not called by the Chair. and yet who approached and raised his hand for time purpose of taking the oath of office.
| S | "1873-03-06T00:00:00" | 12 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 56 | 74 | 03061873.txt | 1,214 | 225 |
430,000,027 | The Chair will first administer the oath to the Senatorelect from New Hampshire.
| S | "1873-03-06T00:00:00" | 13 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 75 | 76 | 03061873.txt | 80 | 13 |
430,000,028 | Allow me a moment. Mr. President. I desire to correct an error made by the Senator from Delaware. The Senator says that the name of George E. Spencer was not called by the VicePresident. I am very much mistaken if his name was not called. both his name and that of the Senator from New Hampsbire. Am I correct?
| S | "1873-03-06T00:00:00" | 14 | Mr. CAMERON | Unknown | CAMERON | Unknown | M | 77 | 82 | 03061873.txt | 310 | 59 |
430,000,029 | The Chair will state that an invitation was extended to Senators who had not been sworn to advance to the chair and have the oath administered. Objection has been made to administering the oath to Mr. Spencer. The Chair therefore will first administer the oath to the Senatorelect from New Hampshire. and then the objection will be considered. The oaths prescribed by law were administered to Mr. WADLEIGH. and he took his seat in the Senate.
| S | "1873-03-06T00:00:00" | 15 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 83 | 91 | 03061873.txt | 442 | 76 |
430,000,030 | If it is in order I offer the followiug resolution and ask for its present consideration.
| S | "1873-03-06T00:00:00" | 16 | Mr. MORTON | Unknown | MORTON | Unknown | M | 93 | 94 | 03061873.txt | 89 | 16 |
430,000,031 | The question before the Senate is on administering the oath to the Senatorelect from Alabama.
| S | "1873-03-06T00:00:00" | 17 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 95 | 96 | 03061873.txt | 93 | 15 |
430,000,032 | Let my resolution be deferred. then.
| S | "1873-03-06T00:00:00" | 18 | Mr. MORTON | Unknown | MORTON | Unknown | M | 97 | 97 | 03061873.txt | 36 | 6 |
430,000,033 | On that matter I desire to say only that the usual practice of the Senate has been. I believe. to administer the oath of office to a Senator who presents himself with credentials in the usual form. Such I understand to be the case with Mr. Spencer . indeed his contestant admitsthat. That in no way and in no mannor involves an examination and discussion of the merits of the case subsequently. I believe. however. precedents may be found in the Senate where credentials have been referred to the Committee on the Judiciary formerly. and since the creation of the new committee. to the Committee on Privileges and Elections. and the oath of office refused. but the usual practice has been the other way. and I am not sure but that the practice has been uniform. At all events it does not involve the question of the right of either party if the member is sworn in upon the credentials presented. It seems to me. therefore. better that the oath of office should be administered and the contest referred to the Committee on Privileges and Elections. where it belongS.
| S | "1873-03-06T00:00:00" | 19 | Mr. HAMLIN | Unknown | HAMLIN | Unknown | M | 98 | 114 | 03061873.txt | 1,065 | 189 |
430,000,034 | I move that the credentials of Mr. Spencer be taken from the table and read for information.
| S | "1873-03-06T00:00:00" | 20 | Mr.ALCORN | Unknown | ALCORN | Unknown | M | 115 | 116 | 03061873.txt | 92 | 17 |
430,000,035 | If I may amend that motion. I propose that the credentials of Mr. Francis W. Sykes be read also in connection with them.
| S | "1873-03-06T00:00:00" | 21 | Mr. DAYARD | Unknown | DAYARD | Unknown | M | 117 | 119 | 03061873.txt | 120 | 23 |
430,000,036 | It is moved that the credentials of Mr. Spencer and Mr. Sykes be read.
| S | "1873-03-06T00:00:00" | 22 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 120 | 121 | 03061873.txt | 70 | 14 |
430,000,037 | I do not see the propriety of reading anything but credentials.
| S | "1873-03-06T00:00:00" | 23 | Mr. ALCORN | Unknown | ALCORN | Unknown | M | 122 | 123 | 03061873.txt | 63 | 11 |
430,000,038 | The papers in regard to this case have been ordered to be printed. and have not been returned from the printer.
| S | "1873-03-06T00:00:00" | 24 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 124 | 126 | 03061873.txt | 111 | 21 |
430,000,039 | I understand the Chair to state that the papersthat is to say. the memorials and credentialsof these two parties. Mr. Spencer and Mr. Sykes. have been ordered to be printed for the use of the Senate. and that as yet they have not been returned from the printer.
| S | "1873-03-06T00:00:00" | 25 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 127 | 131 | 03061873.txt | 261 | 48 |
430,000,040 | The Chair is so informed by the Seerotary.
| S | "1873-03-06T00:00:00" | 26 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 132 | 133 | 03061873.txt | 42 | 8 |
430,000,041 | Then. as the subject is filled with grave importance. and as it should be accompanied with all that decorum which befits its gravity. I move that the consideration of the application of Mr. Spencer and of Mr. Sykes to be sworn in be postponed until tomorrow. or such other day as the printer shall have made return of the papers and memorials for the information of the Senate.
| S | "1873-03-06T00:00:00" | 27 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 134 | 139 | 03061873.txt | 377 | 68 |
430,000,042 | It is moved by the Senator from Delaware that the question of administering the oath to ir. Spencer be deferred untiltomorrow. or some day when the papers shall have been returned by the printer.
| S | "1873-03-06T00:00:00" | 28 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 140 | 143 | 03061873.txt | 195 | 34 |
430,000,043 | The suggestion of the Senator from Delaware is made. as to terms and manner. in a way entirely unexceptionable.
| S | "1873-03-06T00:00:00" | 29 | Mr. CONKLING | Unknown | CONKLING | Unknown | M | 144 | 145 | 03061873.txt | 111 | 19 |
430,000,044 | Will the Senator permit me to interrupt him for a moment? I wish to inquire. with the permission of the Senator from New York. whether it is true that there are credentials here for any one but Mr. Spencer?
| S | "1873-03-06T00:00:00" | 30 | Mr. ALCORN | Unknown | ALCORN | Unknown | M | 146 | 149 | 03061873.txt | 206 | 39 |
430,000,045 | Twill come to that in a moment. It was on that point that I rose to speak. I was in the act of observing that the Senator from Delaware has put in the least exceptionable and least offensive form an objection which. in its nature. is somewhat abrupt whenever it is made in either House. In the other Houese it has been made sometimes. always there. I believe. however. in cases growing out of the war. or what I may denominate the reconstruction policy of Congress. My impression is that it has been made here once or twice. as suggested by the Senator from Maine. and always in cases coming from the Southern States at a time when the question of the Statehood or states of those States was in some way involved. The honorable Senator from Delaware deems it his duty to make it now. but I submit to the Senate. and to him. that nothing is to be gained by it. and that upon the state of the case. as I understand it. the Senator need not and ought not to ask even a postponement. It appears from the records of the Senate that credentials are here for Mr. Spencer in the ordinary form and involving on their face no question. There has been laid upon the table of the Senate. not credentials for Mr. Sykes. but a memorial. which the Senator from Delaware has. and which I have.
| S | "1873-03-06T00:00:00" | 31 | Mr. CONKLING | Unknown | CONKLING | Unknown | M | 150 | 169 | 03061873.txt | 1,277 | 241 |
430,000,046 | Allow me to interrupt the honorable Senator from New York.
| S | "1873-03-06T00:00:00" | 32 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 170 | 171 | 03061873.txt | 58 | 10 |
430,000,047 | Certainly.
| S | "1873-03-06T00:00:00" | 33 | Mr. CONKLING | Unknown | CONKLING | Unknown | M | 172 | 172 | 03061873.txt | 10 | 1 |
430,000,048 | The honorable Senator will find upon the front of this memorial. in its very commencement. the credentials. and they will be found in full . that is to say. a certificate of the election by the legislature of Alabama. according to the forms of the Federal law passed in 1866. of Mr. Sykes. and those papers are duly authenticated and are on the Clerks table . it is these papers which were ordered to be printed. as I understand. and to which the Chair referred just now.
| S | "1873-03-06T00:00:00" | 34 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 173 | 190 | 03061873.txt | 471 | 87 |
430,000,049 | I was not going to overlook that fact and comment upon it. I repeat. however. again. as I was in the act of saying. that Mr. Sykes appears here as a memorialist. and he presents" the memorial of Francis W. Sykes to the Senate of the United States." and as a part of the contents and recital of his memorial he sets out the certificate to which the Senator refers. lfe concludes his memorial. showing that he has full knowledge of the practice of the Senate and the fact that he loses nothing by Mr. Speacers being sworn in. He says: 25. Your petitioner respectfully sobmits to the Senate that he is entitled to be seated as the Sonater of she United States for the Stats of Alabaan from and after the 46h of March. 1S3. and he is ready to take the oath o office whenever it shall lahe epleasra of tileaSnate that he shall do so. or. if the Senate shall decide that the credentials presented by Hon. George B. Spencer priea fcgte entitle him to be received and seated as a Se r for Alabama. your petitioner respectfully asks that such action be taken in tha premises by the Senate as will enahle him duly to present. and to prove. and to establish his right to the ofico of Senator. and his right to be received and seated as the Senator from Alabama. for the torn to cminencs on the 4th of March. 1873. in the place of Hen. George 1. Spencer. and notwithstanding the certificate of his election. which be has put in the possession of the Senate. The conclusion of this memorial states exactly. as I endertand it. the practice of the Senate. and calls attention to the fact that under that practice every right is preserved to the contestant. and every right is preserved to the Senate. Nothing is lost. nothing is changed. because Mr. Spencer is simply permitted to take his seat prima ftac upon the evidence which appears on the face of the paper. So it seems to me that the substance being exactly ecquivalent. there being nothing which even the contestant objects to. and there being in the usage of the Senate no objection whatever in the cifect which it is to produce. the smoother way. the better way. is to allow Mr. Spencer to take the oath of office. and then refer this memorial and his credentials. and all other papers relating to the case. to the Committee on Privileges and Elections. which will have the same jurisdiction. with the same force and effect in all regards. as if Mr. Spencer is interrupted upon the threshold and prevented from taking the oath in the ordinary way.
| S | "1873-03-06T00:00:00" | 35 | Mr. CONKLING | Unknown | CONKLING | Unknown | M | 191 | 227 | 03061873.txt | 2,492 | 456 |
430,000,050 | Mr. President. of course not for the purpose of confusing or obscuring this question before the Senate. but with that effect nevertheless. as I respectfully submit to him and the Senate. the hlorable Senator from Now York styles Mr. Sykes a momorialist. a petitioner. and he would. in effect. have the Senate believe and act on the belief that Mr. Sykes is here solely in the position of a memorialist. of a petitioner for the right to contest. Not so. Mr. President. Mr. Sykess credentials as a Senator from the State of Alabama are upon the table of the Senate. they have bon read to the Senate. they are entitled to as much consideration from the Senate as those of any other person who may have a formal certificate of election. and the honorable Senator from New York. I think. is in error (although I bow to his longer experience in this body) when he supposes that only in that most abnormal condition of atdlirs. known as the period of reconstruction of the Southern States. has a prinafecie certificate not boon held sufficient for a Senatorelect to have the oath administered to him upon. Why. sir. let me remind him of the case from Oregon of Mr. Stark. Senator from that State. He caine here the only person claiming the seat. the only person certified in the forms of law to the Senate. bat he was refused his seat. and his credentials. in the absence of all contest. with nothing of which the Senate could even take judicial notice. or actual notice. were referred. and the right to a seat denied to him until the committee acted upon his case. There was the case also of our brother from Alabama. In that case there was no contest. no one claiming his seat. no such condition of affairs as exists now. of which I say the Senate is bound to take not only actual notice. they having been clearly and formally notified of the facts. but to take judicial notice. there was no contest there. no suggestion of a contest in regard to Mr. GOLDrTWAIrrS place. and yet how longwas it that he remained out of his seat in this body. and that the State of Alabama was deprived of her representation here by the action of the Senate? It was perhaps a year. certainly many monthsI forget the exact length of timebut the fact of delay. and delay for a considerable period of time. is a fact beyond cavil or doabt. There is hero before the Senate a certificate. in due form. from a governor of Alabama. that Mr. George E. Spencer was elected Senator at u certain time and for a certain period. to commence from the 4th of March instant. But there is no record to sustain that certificate. and. on the contrary. the record. the verity of which cannot be denied. distinctly denies the truth of the governors certificate. There is a certification of the record. of the substance of what was required by the law of Congress passed in 1866. showing that another aud a different person from Mr. Spencer is the legally and duly chosen representative in this body from the State of Alabama for six years from and after the 4th of March instant. The record of the proceedings of the body who alone can choose the Senator are here before you in due form. You have also a certificate from a governor which is contradicted by the record. which alone can speak in regard to the facts contained within it. Nothing can contradict a record. Many things can contradict a certificate. The record imports the highest verity. even in a court of law. and this is a court. the high court of a States judicature. We have the legislative record of that State. showing to this Senate and to the world. by the highest proof known to our system of government. that a person not Mr. Spencer was duly elected. according to the act of Congress. to a seat in this body for six years from and after the 4th day of this present month. So. then. you have 4 certificate which is denied by the record. and you have a record which cannot be set aside by a certificate. Between the two the Senate should choose. between the form that is capable of denial. and that is denied. and the substance which has force of itself. and cannot be denied. Now. sir. I do not wish to argue this case. except sufficiently to show the Senate that it would be a direct violation of the law of the United States. a direct perversion of the will of the people of Alabama. if Mr. George E. Spencer for one moment of time shall be admitted by this Senate. as the case now. without the action of its committee. prima facie. stands before the Senate. It will be. I say. a violation of the rights of the people of that State. a violation of the rights of the people of every other State. if you allow a certificate that is contradicted by the record to take the place of that proof which the record imports. and which cannot be denied. Sir. there neverwas a case which called for more careful and orderly and deliberate proceedings upon the part of this body than this. the case now before you. I am willing to hear. and I can say most candidly that I am in a mental condition fairly to judge between the legal rights of these parties. To me the member who has been sitting here is personally known. The gentleman who claims the place now for the present term is. personally. scarcely known to me. Both are nearly strangers. and to either or to both I feel that I am capable of doing accurate. simple. and yet full justice. and I wish to have the opportunity of doing it. The Senate must have the opportunity. they must have it by necessary and proper delay and examination. and therefore I trust they will not stand upon form. neglecting the substance. when the substance is here before them as formally authenticated as any law could require or as any reasonable demand could suggest. The credentials of Francis W. Sykes as a memberelect of this body as Senator from the State of Alabama. for the term of six years from and after the 4th day of the present month. are upon the table of the Senate. They are there a true and veritable record. duly attested from the body appointed by law alone to choose a Senator. Was it the legislature? That will not be denied Did they choose him? That will not be denied. There stands the record of both facts. How can you with that record permit the certificate of a governor. referring to no record. having no record that he would venture to refer to. a merecertificate of form. to triumph over the substance of a peoples choice? No. Mr. President. I trust that there may be delay for the purpose of due and careful examination and consideration. and that we may have the aid which the care and scrutiny of a body raised by the will of the Seate. its Committee on Privileges and Elections. may give to this case. in order. not only that we may fellow in the path of just precedent. bit that we may stand on the rockc of law and of justice.
| S | "1873-03-06T00:00:00" | 36 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 228 | 332 | 03061873.txt | 6,815 | 1,254 |
430,000,051 | Mr. President. I shall occupy but a few minites of the time of the Senate on this subject. Technically speaking. the credentials of the gentleman who claims to be Senator. Mr. Spencer. are not correet. It is not a certificate to the President of the Senate of the United States. as the law requires it to be. but rather a certificate at large. or a commsissioa. I am frank to say that for my own part I attach very little importance to that. the commission being in every other respect regular. and I should be inclined. were there nothing in the case but that. to say that the greater includes the less. and when the governor certifies to everybody he certifies to the President of the Senate. although the credentials are really not addressed to anybody. I believe. Technically. as I said. they are not correct. and it might be worthy of the consideration of the Committee on Privileges and Elections whether they do come withiu the statute. for the statute asserts in very plain wordsThat it shall be the duty of the governor of the State from which any Senator shall have boon chsee as aloresaid. to certify his election. undir the seal of the State. to the Iesident of the Senate of the United States. That is not doue here in terms. whether it is in substance or not might be worthy of consideration. I repeat. however. that not having any love for technicalities. were there nothing else in this case. I should be inclined to overlook such a mere matter of form as the want of a certificate to the President of the Senate. Now. I wish to say. in very few words. that I think the credentials of Mr. Spencer. and the credentials. if they are credentials. of Mr. Sykes. should both go to the Committee on Privileges and Elections. I hold this to be the settled practice of the Senate. that where there is but one legislature. no question as to the validity of that legislature. and a gentleman presents himself here with a certificate in due form. purporting to show his election by that logislature to a seat in the Senate. he makes a primafacic case. and is entitled to take his seat here. of course his qualifications being such as the Constitution requires i and if there be reason for contesting his seat. that is to be a matter of subsequent examination. and that for the reason that a pieisf~icc case is a good title. unless a better case is shown to overthrow it. and for the farther reason that where an individual comes with a priefocic ease it is not right to keep his State in part unrepresented because some contest may be made about the validity of his title. I think that that is reasonable. andI think that that is the MARC 6. practice of the Senate. and has been from its foundation with scarcely an exception. There have been some cases that might seem to establish a contrary doctrine. but they do not when carefully examined. The only one that I now recollect of. apart from Shaws case. which I have not carefully examined. was the case of the Senator from Alabama. [Mr. Goum-
| S | "1873-03-06T00:00:00" | 37 | Mir. THUR]MAN | Unknown | THUR]MAN | Unknown | M | 333 | 387 | 03061873.txt | 3,000 | 544 |
430,000,052 | ] He came here with credentials perfectly regular. showing an election by the only legislature in Alabama. a legislature whose constitutional validity no man questioned. and he was kept out of his seat for nearly a year. upon simply the remonstrance of a set ofI was going to sayirresponsible memorialists to the Senate. with no pretense that any other man was elected. with no pretense that Mr. UOLDTHWAITE was not the Senator if anybody was chosen. and no pretense that the legislature by which he was elected was not a legal. valid. and constitutional legislature. I thought that was wrong. 1 battled against it for a long time. and at last successfully. and he was allowed to take his seat. But. ir. President. while it is true that the practice of the Senate has ieen. and rightfully think. to admit a person whoss credentias prime fae show his right to a scat w th here is a competen valid legislature to elect him. and where the State is entitled to representation. it is equally true that where there wa no valid legislture to elect hin. or where the State was not entitled to representation. the Senate has looked behind the credentials and refused to let the bearer of them. however regular on their face. take his seat. Thus the Senators from Georgia were kept out for a long time. on the ground that the State was not yet entitled to representation. although the State had been declared to be entitled to representation. and bad actually been represented a whole session in the other House of Congress. Ani so with much more reason must we say. whore it is in evidence before us that there are in a State two bodies. each of which claims to be the legislature of the State. and one person is elected by one and another person elected by the other. that we are not concluded by the formal credentials that one of the parties may present signed by the governor of the State. but we have a right to look behind and see whether the legislature. or body called the legislature. that elected the bearer of those credentials. was the proper legislature or not. and that it is which distinguishes this case from those that have preceded it. Here we know that there arc two bodies in the State of Alabama. or have been. each claiming to be the legislature of that State. I say we know it . we have the evidence of it on our table in the most authentic form . and in addition to that it is one of those facts of which the Senate historically can take notice. that there were at. the time of the election of Mr. Spencer by one of these bodies. and at the time of the election of Mr. Sykes by the other of these bodies. two bodies in Alabama. each of which claimed to be the lawful legislature of that State. And it is a singular fact. if I am not mistaken or misinformed. that this very governor. who certifies to the election of Air. Spencer. was counted into office by the legislature or the senate of the legislature by which Mr. Sykes was elected. The very power whichho got to give a certificate of election to a Senator sias derived from a canvass of his vote. and a declaration that he was elected governor of Alabama by the senate of the very legislature by which Mr. Sykes was elected. Now. Mr. President. in a ease of this kind. where two bodies claim each to be the legislature of a State. the Senate. I think. is not at all concluded by the credentials. signed by the governor. that any gentleman may present. but in such a case as that. making an exception to the general rule. it is proper to refer the credentials of both persons claiming to be Senators to the Committee on Privileges and Elclioru. in order that an examination may be made. But. sir. this question is a large one. and cannot be too well considered. for we have precisely the same thing in the case of Louisiana. Here are two gentlemen. each claiming to be Senatorelect from the State of Louisiana. One of them. I presum. has the certificate of Governor Kellogg. and how much of a governor. by what right he is governor. by what claim of right he is governor. by what less than shadow of right he is governor. we have the unanimous report of our Committee on .Privileges and Elections. and yet. a man comes here with eredentials signed by him as the governor of the State! Another gentleman comes here with his credentials. net regalar. not in form such as the act of Congress require]. but all that. under the circumstances of the case. could be obtainedthe certificate of his election by another body calling itself the legislature of Louisiana. Now. are we to seat Mr. Pinehback upon the certificate of Governor Kellogg. when we have the fact before us by the unanimous report of our own committee that Kellogg is only governor there by force of usurpation I When we have that clearly before us. and when there are other circumstances that go to show that the election of Pinehbck is utterly and entirely void. are we to stick in the bark in a case like that ? No. sir. The only way for the Senate to act wisely in these two cases is to refer the credentials from both the States. Alabama and Louisiaaa. to the Committee on Privileges and Elections. and have a report upon the facts of both. I therefore hope. Mr. President. that my friend from Delaware will move to refer the credentials of Mr. Spencer and the credentials of Mr. Sykes to the Committee ofd Privileges and Elections.
| S | "1873-03-06T00:00:00" | 38 | TreWAITE | Unknown | Unknown | Unknown | Special | 388 | 469 | 03061873.txt | 5,368 | 979 |
430,000,053 | I an willing to withdraw my motion for that purpose.
| S | "1873-03-06T00:00:00" | 39 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 470 | 471 | 03061873.txt | 52 | 10 |
430,000,054 | Then I make the motion that the credentials of Mr. Spencer and the memorial and accompanying papers of Mr. Sykes be referred to the Committee on Privileges and Elections.
| S | "1873-03-06T00:00:00" | 40 | Mr. THURMAN | Unknown | THURMAN | Unknown | M | 472 | 475 | 03061873.txt | 170 | 29 |
430,000,055 | The committees are not yet organized.
| S | "1873-03-06T00:00:00" | 41 | Mr. SHERMAN | Unknown | SHERMAN | Unknown | M | 476 | 476 | 03061873.txt | 37 | 6 |
430,000,056 | Then they must lie on the table. I think. until such a committee is appointed.
| S | "1873-03-06T00:00:00" | 42 | Mr. THURMAN | Unknown | THURMAN | Unknown | M | 477 | 478 | 03061873.txt | 78 | 15 |
430,000,057 | Does the Senator from Delaware withdraw his motion ?
| S | "1873-03-06T00:00:00" | 43 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 479 | 480 | 03061873.txt | 52 | 9 |
430,000,058 | He withdrew it. thinking there was a committee.
| S | "1873-03-06T00:00:00" | 44 | Mr. TIURMAN | Unknown | TIURMAN | Unknown | M | 481 | 481 | 03061873.txt | 47 | 8 |
430,000,059 | No such committee has yet been raised by the body. I understand. Therefore. it occurs to me that the proper motion is the one suggested by me originally. that the papers of both these parties. the credentials and records presented by Mr. Sykes and the certificate presented by Mr. Spencer. be printedbut I believe the order has been given for priutingand that the jurisdiction of the question of their election be postponed until these papers shall be returned from the printer. in order that the Senate may have better opportunity to understand the precise facts of the case.
| S | "1873-03-06T00:00:00" | 45 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 482 | 490 | 03061873.txt | 576 | 98 |
430,000,060 | Allow me to interrupt try friend to make an inquiry. Do not the credentials of Mr. Spencer and the memorial and accompanying papers of Mr. Sykes now he on the table. and is it not necessary to take them up in order that either onro of them may be admittedY
| S | "1873-03-06T00:00:00" | 46 | Mr. THURMAN | Unknown | THURMAN | Unknown | M | 491 | 495 | 03061873.txt | 256 | 50 |
430,000,061 | That motion is necessary. if the Senator desires to take up both cases. They are on the table at this time.
| S | "1873-03-06T00:00:00" | 47 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 496 | 497 | 03061873.txt | 107 | 21 |
430,000,062 | I moved that thie credentials of Hon. George E. Spencer be taken from the table and read for the information of the Senate. I apprehend that my motion was misunderstood. for the reason that it was reported that the credentials wore in the hands of the printer. I am informed by the Clerk tlat the credentials are in his possession. and I ask that they be lead for the information of the Senate.
| S | "1873-03-06T00:00:00" | 48 | Mr. ALCORN | Unknown | ALCORN | Unknown | M | 498 | 504 | 03061873.txt | 394 | 73 |
430,000,063 | The Senator from Mississippi moves that the credentials of Mr. Spencer be taken from the table and read.
| S | "1873-03-06T00:00:00" | 49 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 505 | 506 | 03061873.txt | 104 | 18 |
430,000,064 | Before that motion is put to the Senate. I beg to romind the Chair that I proposed to maend it by including in that rading the credentials of Mr. Sykes.
| S | "1873-03-06T00:00:00" | 50 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 507 | 509 | 03061873.txt | 152 | 30 |
430,000,065 | If there are ary credentials of Mr. Sykes attested by the governor of the State of Alabama and the secretary of state. I have no objection to their being read. but I do protest that it is not proper to read a memorial. and an address. and the argument of counsel. as an amendment to a simple request that credentials shall be read for the information of the Senate. and I therefore ask only that the credottials be read. They are here. an official document for the consideration of the Senate. and now it is proposed to add the reading of a memorial as an amendment tothat. You might as well propose to offer to have read. as an amendment. the Congressional Globe for the last session of Congress. or any newspaper that is published iu this or any other partof the country. I simply ask that the credentials be read. and I hope that there will be nothing read unless that which is germane. If credentials are offered. signed by the gov(rnor of Alabana and the secretary ef state. or any one else. I am willing they shall be read.
| S | "1873-03-06T00:00:00" | 51 | Mr. ALCORN | Unknown | ALCORN | Unknown | M | 510 | 525 | 03061873.txt | 1,029 | 191 |
430,000,066 | It was the suggestion of the Senator from Mississippi alone.
| S | "1873-03-06T00:00:00" | 52 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 526 | 527 | 03061873.txt | 60 | 10 |
430,000,067 | The Senator from Delaware will pause for aisoitet. Objection was made to administering the oath to Mr. Spencer by the Senator from Delaware. and a motion entered that the case be postponed until tomorrow or some subsequent day. when the papers could be before the Senate. The Senator from Missisippi called for the reading of the papers in the case of Mr. Spencer. Tlat is the call now before the Senate . and the Chair rules that it is proper that the call should be made. as objection has been made to administering the oath. The question before the Senate is on the motion of the Senator from Delaware to postpone.
| S | "1873-03-06T00:00:00" | 53 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 528 | 537 | 03061873.txt | 617 | 111 |
430,000,068 | The pending question I presume to be on my metion. the earlier one in point of time. to postpone the consideration of this question until the printer shall have returned those documents which have been. given into his custody for the purpose of printing them for the information of the Senate. Now. sir. in speaking of that. I also desire here to make a reply. if reply be necessary. to the reiarks of the honorable Senator from Mississippi. Ho and he alone has spoken of having the memorial and petition of Mir. Sykes read. Certainly I did not.
| S | "1873-03-06T00:00:00" | 54 | ir. BAYARD | Unknown | BAYARD | Unknown | M | 538 | 546 | 03061873.txt | 545 | 98 |
430,000,069 | The Senator will pardon me.. I wish to raise a question of order. I dislike to interrupt the Senator but I rise to a question of order. A Senatorelect. as he claims. whose credentials lie upon the table. presented himself to be sworn in. Objection was made. The Senator from Mississippi demanded that the credentials should be reported. I insist upon it. as a matter of order. that. without any motion. he is entitled to have these iredentials read. and then. if my honorable friend from Delaware wants to postpone them. or to lay them on the table. or to discuss them doubtless he has a right to do that. but the matter being before the Aenate. and it being a matter of privilege. I submit as a question of order that any Senator has a right to demand the readingof these credentials.
| S | "1873-03-06T00:00:00" | 55 | Mr. CONKLING | Unknown | CONKLING | Unknown | M | 547 | 558 | 03061873.txt | 785 | 143 |
430,000,070 | The Chair has decided that the Senator from Mississippi has a right under the pending motion to call for the reading of those papers.
| S | "1873-03-06T00:00:00" | 56 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 559 | 561 | 03061873.txt | 133 | 24 |
430,000,071 | Let them be read.
| S | "1873-03-06T00:00:00" | 57 | Mr. CONKLiNG | Unknown | CONKLING | Unknown | M | 562 | 562 | 03061873.txt | 17 | 4 |
430,000,072 | Mr. President. I had a motion before the Senate.
| S | "1873-03-06T00:00:00" | 58 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 563 | 563 | 03061873.txt | 48 | 9 |
430,000,073 | What is the objection to having the credentials read?
| S | "1873-03-06T00:00:00" | 59 | Mr. MORTON | Unknown | MORTON | Unknown | M | 564 | 574 | 03061873.txt | 53 | 9 |
430,000,074 | I have no objection to the reading.
| S | "1873-03-06T00:00:00" | 60 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 575 | 575 | 03061873.txt | 35 | 7 |
430,000,075 | The Senator from Delaware withdraws his objection. The Secretary will read the credentials.
| S | "1873-03-06T00:00:00" | 61 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 576 | 577 | 03061873.txt | 91 | 13 |
430,000,076 | One word.
| S | "1873-03-06T00:00:00" | 62 | Mr. THURMAN | Unknown | THURMAN | Unknown | M | 578 | 578 | 03061873.txt | 9 | 2 |
430,000,077 | No. sir. I do not withdraw my objection to Mr. Spencer being sworn in. TheVICliPRESIDENT. The Chair didnotso understand. but the Chair understands that the Senator from Delaware withdraws his objction to the reading of the credentials askedfor by the Senator from ississippi. The question before the Senate is on the motion of the Senator from Delaware to postpone the further consideration of the subject until tomorrow.
| S | "1873-03-06T00:00:00" | 63 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 579 | 586 | 03061873.txt | 421 | 67 |
430,000,078 | That is it.
| S | "1873-03-06T00:00:00" | 64 | Mr. THURMAN | Unknown | THURMAN | Unknown | M | 587 | 587 | 03061873.txt | 11 | 3 |
430,000,079 | Now. let us hear them read.
| S | "1873-03-06T00:00:00" | 65 | Mr. CONKCLING | Unknown | CONKCLING | Unknown | M | 588 | 588 | 03061873.txt | 27 | 6 |
430,000,080 | Then anybody can ask that the other be read.
| S | "1873-03-06T00:00:00" | 66 | Mr. THURMAN | Unknown | THURMAN | Unknown | M | 589 | 589 | 03061873.txt | 44 | 9 |
430,000,081 | That may be. but both cannot be read at once. The chief clerk read as follows: SreTs OF Azn4ntA: I. David P. Lewis. governor of the State of Alabama. in pursuance of acts of Congress and the Constitution of the United States. do hereby certify that. on Tuesday. the 3d day of December. A. D. 1872. being the second Tusday after the meeting and organization of the general assembly of the State of Alabama. both houses of the sad gennl assembly voted for a Senator of the State of Alabama. to represent the said State of Alabama in the Congress of the United Stata6. which said vote was spread upen the journalo of cacdihouse . ad said vote having been compared and counted y the general assembly of the State of Alabama in convention assembled. on Wednesday.. the 4th day of December. A. . 187O. at twelve oclock meridian. it was ascertained and delnrod. by said convention of the generat nesoebty of the Stats of Ainba. that George E. Spencer. having recoted a njertyof al the otes in beth houses. was daly elected Scnoter to represent the Stain of Alabama in the Congress of the United Sintes far the term of sir years. emmeneingen the 4th day of March. A. B. 0873. In testimony whereefI lave given this certificae under my hand and the great soal of the Sthte of Alabama. this the 4th day of Desimber. sone Dommsi 187t. [snaL.DAI)Z.L P. LE WIS. I5OA~l Goeor af Alcaaa. By the govoerr: r. RAGLAND. Secretary .1 .State of the .Ste el Atlaaia.
| S | "1873-03-06T00:00:00" | 67 | Mr. CONILING | Unknown | CONILING | Unknown | M | 590 | 613 | 03061873.txt | 1,443 | 261 |
430,000,082 | I now ask for thce reading of rte certificate from the president of the senate and the secretary of the senate of the State of Alabama and the speaker of rho house of representatives of the State of Alabama and the clerk of the house of representatives of Alabama. duly attested and before the Senate.
| S | "1873-03-06T00:00:00" | 68 | Mr. BATARD | Unknown | BATARD | Unknown | M | 614 | 618 | 03061873.txt | 301 | 55 |
430,000,083 | The Chair understands that those papers are not before the Senate now. are not on the table. but arc in the hands of the printer.
| S | "1873-03-06T00:00:00" | 69 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 619 | 621 | 03061873.txt | 129 | 25 |
430,000,084 | That being the fact. although I believe that I hold in my hand a true and full copy of those credentials and certificates by the officers of the legislature of the State of Alabama. certifying the election of Mr. Francis W. Sykes. yet. as the original paper has. by the action of the Senate. passed into the hands of the officer. for the purpose of being printed for the inlformation of the Senate. I think the strong reason for the propriety of the motion that I made is made manifest to the Senate. These credentials of Mr. Sykes. this transcript of the record of the proceedings of the legislature of Alabama in the Premises having passed out of the hands of the Senate temporarily for the purpose of being printed. I ask that the question now be postponed until the papers shall be returned from the printer. in order that the Senate may act advisedly upon it. and have the original paper before it.
| S | "1873-03-06T00:00:00" | 70 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 622 | 635 | 03061873.txt | 903 | 164 |
430,000,085 | Would there be any objection to having that paper read from the printed memorial in the Sonators hands 7 I presume it is a verbatim copy.
| S | "1873-03-06T00:00:00" | 71 | Mr. MORTON | Unknown | MORTON | Unknown | M | 636 | 638 | 03061873.txt | 137 | 26 |
430,000,086 | The Senate may. if they choose. take this memorial. which I believe to he entirely correct. as the true statement. although in matters of this kind I must say that I think it is always better to speak in the face and in the presence of the original paper. I am willing for all practical purposes to treat it as if it were the original. and have no disposition to delay the matter on account of the absence of the original. as by an accident probably it is absent. I prefer its presence. but still. if the Senate are willing to accept this copy as a true copy. I do not know that I shall object. although I state that I do so reluctantly upon principle.
| S | "1873-03-06T00:00:00" | 72 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 639 | 648 | 03061873.txt | 652 | 126 |
430,000,087 | If there be no objection-
| S | "1873-03-06T00:00:00" | 73 | The VICE-PRESIDENT | Unknown | Unknown | Unknown | Special | 649 | 649 | 03061873.txt | 25 | 5 |
430,000,088 | I shall not object to the reading of this paper. certainly. not because it is a copy rather than the original. which I conceive to be a very formal and unimportant matter. I say. however. in the interest of the rules of the Senate. that this paper. if it be read at all. must be read just as the Senator from Delaware woid have any other paper read. as a part of his remarks. or would ask to have that read for information by the Secretary. in order to save himself trouble. It is no part of the matter upon which the Senate is acting. and it is not to be read in any sense upon the same footing with the credentials. Why ? Because upon its face it is a mere petition. a memorial. which has been presented as a memorial. and. under the rues of the Senate. when it was presented it could not be read. but the rule required the Senator presenting it to give a brief synopsis of its contents. Therefore there is no rule which entitles it to be read as a memorial. And hero follows. as a friend reminds me. in a pamphlet very like the other. the argument of the connsel of this petitioner in support of the memorial. I repeat again that he is a memorialist. a petitioner. and nothing else. If the Senator from Delaware wants this paper read for inimation. I am not going to object to it. and certainly [ will not object to his employing the Secretary to read this paper rather than reading it himself. but I do protest. in the interest of the rules of the Senate. that when credentials lie upon the table. and no other credentials lie here touching that seat. the question is whether the person named in those credentials shall be sworn in when objection is made. and it is the right of any Senator to claim. as the Senator from Mississippi has done. the reading of those credentials. Then in argument against the right of the Senator to be sworn in. the Senator from Delaware. or anybody else. has a right to introduce any matter. so that it is relevant and respectful to the Senate. and he has a right to read it. or cause it to be read. unless objection is made. as a part of his remarks. In that view I do not object to it. But if this memorial or argument is to be read as if it were in any way tantamount or equivalent to credentials. or to be treated as credentials. then I do object to it.
| S | "1873-03-06T00:00:00" | 74 | ir. CONKLING | Unknown | CONKLING | Unknown | M | 650 | 685 | 03061873.txt | 2,293 | 441 |
430,000,089 | I rise merely for the purpose of obtaining a clear apprehension of the matter in dispute between the Senator from Now York and the Senator from Delaware. I understand that the Senator from Delaware desired to have read a document purporting to be the original credentials of F. W. Sykes as a Senatorelect from Alabama.
| S | "1873-03-06T00:00:00" | 75 | Mr. FERRY. of Connecticut | Unknown | FERRY | Connecticut | M | 686 | 691 | 03061873.txt | 318 | 55 |
430,000,090 | That is so. sir.
| S | "1873-03-06T00:00:00" | 76 | Mr. BAYARD | Unknown | BAYARD | Unknown | M | 692 | 692 | 03061873.txt | 16 | 4 |
430,000,091 | That it turned out that that document was not here. having. by the order of the Senate. been sent to the printer. to b printed for the use of the Senate. It was. thereupon. suggested that there was upon onr tables a memorial which contained an aceurate copy of the credentials of Mr. Sykes. and it was suggested that that copy of the credentials of Mr. Sykes should be read. instead of the original document. which is in the hands of the printer. and to that there seemed to be general assent. Now. the Senator from New York insists that it is not a copy of the credentials of Mr. Sykes that is asked to be read. but this whole document. entitled a memorial. which I do not understand to be the case at all. It simply contains a copy of the credentials. and because the original is not hereo. and because as in mry judgment any Senator has the same right to call for the reading of the credentials of Mr. Sykes that any one had to call for the reading of the credentials of Mr. Spencer. therefore. merely for convenience. we propose to use the copy embodied in this pamphlet. instead of using the original.
| S | "1873-03-06T00:00:00" | 77 | Mr. FERRY. of Connecticut | Unknown | FERRY | Connecticut | M | 693 | 709 | 03061873.txt | 1,106 | 207 |
430,000,092 | Will my friend allow me to correct him at that pointI
| S | "1873-03-06T00:00:00" | 78 | Mr. CONKLING | Unknown | CONKLING | Unknown | M | 710 | 711 | 03061873.txt | 53 | 11 |
430,000,093 | Certainly.
| S | "1873-03-06T00:00:00" | 79 | Mr. FERRY of Connecticut | Unknown | FERRY | Connecticut | M | 712 | 712 | 03061873.txt | 10 | 1 |
430,000,094 | I make no objection whatever to the copy rather than the original being read. My statement is this: Mir. Sykes has not presented himself to be sworn in. the question is not upon Mr. Sykes. and. in addition to that. there are no credentials of Mr. Sykes hers by copy or otherwise. Why? Because I turn to the act of Congress and I find what credentials must be. namely: It shall lie thi duty of ths governor of the State from which any Scrntor shall have boon chosen as afercsaid. to certify his election. I take up this paper and I find a memorial. a petition. in which is embodied or set forth. what? Credentials? No. sir. Iask nay friend to look at page 2 of the memoriala paper signed by "R. H. Erwin. president of the senate. Mike L. Wood. secretary of the senate. Lewis M. Stone. speaker of the house of representatives. Ellis Phelan. clerk of the house." I do not stop to appeal to the fact that the existence of these men as such officers is denied. but I look at the statute and find that these cannot be credentials. and they are not presented as credentials. but as a memorial. and then I say that. while I do not object to the reading at all. or the reading at this moment. or the reading from a copy. I insist upon it that the reading is to be. not of credentials. but of a paper which the Sehator wants read for information. that is all.
| S | "1873-03-06T00:00:00" | 80 | Mr. CONIKLiNG | Unknown | CONIKLING | Unknown | M | 713 | 733 | 03061873.txt | 1,349 | 258 |
430,000,095 | Very well. Then if I understand the position of the Senator from New York. if the original document were here. he would object to the reading of that document as credentials. proper to be read as such in the Senate of the United States.
| S | "1873-03-06T00:00:00" | 81 | Mr. FERRY. of Connecticut | Unknown | FERRY | Connecticut | M | 734 | 737 | 03061873.txt | 236 | 44 |
430,000,096 | Upon the swearing in of Mr. Spencer.
| S | "1873-03-06T00:00:00" | 82 | Mr. CONKLING | Unknown | CONKLING | Unknown | M | 738 | 738 | 03061873.txt | 36 | 7 |
430,000,097 | Or anybody else. Now. the question whether Mr. Sykes is here or not is immaterial. Hero is a matter to be decided by the Senate of the United States as to the! admission into this body of a Senatorelect from the State of Alabama. It is claimed that the body named in the credentials of Mr. Spencer as the general assembly of Alabama. which elected Mr. Spencer. was not the legislature of Alabama. and had not the electoral c.pacity to choose a Senator at all. and there is also. having been presented here in due season. a paper purporting to be credentials of Itir. Sykes. and the matter now is to obtain offictal knowledge by this body of the contents of the paper presented by Mr. Sykes. and which is the only paper that is presented here as his credentials. by its actual reading. If any other objection is made by the Senator from New York to the reading of this matter from the printed pamphlet before ns than would have been made to the reading of the original document. then the matter ought to be postponed until the original document is here.
| S | "1873-03-06T00:00:00" | 83 | Mr. FERRY. of Connecticut | Unknown | FERRY | Connecticut | M | 739 | 755 | 03061873.txt | 1,052 | 193 |
430,000,098 | Not at all. if my friend will pardon me.
| S | "1873-03-06T00:00:00" | 84 | Mr. CONKLING | Unknown | CONKLING | Unknown | M | 756 | 756 | 03061873.txt | 40 | 9 |
430,000,099 | If there is no reason advanced except such as would be advanced against the original docament. then this can be read without harm to anybody.
| S | "1873-03-06T00:00:00" | 85 | Mr. FERRY. of Connecticut | Unknown | FERRY | Connecticut | M | 757 | 760 | 03061873.txt | 141 | 25 |
430,000,100 | Certainly.
| S | "1873-03-06T00:00:00" | 86 | Mr. CONKLING | Unknown | CONKLING | Unknown | M | 770 | 770 | 03061873.txt | 10 | 1 |