The Whig standard. [volume] (Washington, D.C.) 1843-1844, 1844-05-01
TWENTY.EIGHTH CONGRESS-,
one M..N "a FIRST SESSION. ~. IL
TUESDAY, APRIL 80, 1874.
SENATE

TUESDAY, APRIL 80, 1874.
SENATE.
Mr.. FAIRFIELD presented the credentials of
the Hon. JOHN M. NILES, of Conneo ticut, who,
ne said, was now present, and ready to be sworn
in.
Mr.. JARNAGIN rose and remarked that there
were circumstances connected with this case
which made 1t his mperious duty to interpose
objections. 1t was well known that the gentle
man whose credentials had just been presented
had been some time in this city without, thus far,
having claimed his seat it was equally notorious
that he had been afflicted by a dispensaton of
Providence. He should therefore move the APP
pointment of Select Committee te investigate
the circumstances of this case. He did this,
both as an act of justice to the individual himself
and to the American people, whose representative
he claimed to become.
Mr. FAIRFIELD said that, having been fell
low boarder for some time past with the Senator
elect, and having been formerly well acquainted
with him. he would undertake to pronounce that
he was as capable of performing his duties here
as any member Of this body. That he had been
afflicted, and still labored under physical debility,
he did not deny. While he protested against the
right of the Senate to adopt the course proposed,
he was instructed by the Senator from Connect
cut to say that he waived all objection, and would
freely accede to the investigation.
The CHAIR asked if the Senator from Ten
nessee would reduce his proposition to writing
After brief pause, the resolution was sent tie
the desk, and read. as follows:
ResoLred, That the credentials of the Hon. ].
M. NILES be referred to Select Committee of
ye whose duty it shall be to inquire into the cleo
ton returns and qualifications of said Senator
elect, and his capacity, at this time, to take the
oath required by the Constitution.
Mr.. FAIRFIELD thought the latter clause of
the resolution respecting the capacity, &c. might
properly be omitted the resolution was sufficient
ly comprehensive without it.
Mr. JARNAGIN consented 10 the modification.
Mr.. FAIRFIELD rose again TO say that some
Of the Senators around him were not entirely sat-
isfed with the resolution even in this form; he
would suggest the addition of these words
:" Said Senator waving all Constitutional obec-
tions.'' @
The CHAIR asked if the Senator from Ten
nessee accepted the amendment.
Mr.. JARNAGIN replied that it could not make
part Of his resolution.
Mr.. FAIRFIELD then declined to press it.
The question being on the adoption of the re-
solution, Mr.. CRITTENDEN said it struck him
that the resolution as it now stood, was defective,
as it only embraced the legal qualifications con
templated in the Consttution-snch as age, citi-
zenship, &c. The question that arose was novel,
and Of great delicacy. He would suggest, as the
Senate was thin, that the whole subject should
lie on the table for the present. e.
Mr.. ALLEN urged that there should be no de-
lay. If the difficulty was merely as to the form
of the resolution, the Senator from Kentucky
could amend it by inserting such language as,
not being repugnant to the Constitution, might
satisfy himself. s
Mr.. CRITTENDEN thought the resolution,
as it had been modified, was only Of technical
character, and that it ought to embrace the con
sideration Of mental competency. Here Mr..
ALLEN interrupted him to say that, at the re-
quest of the individual most interested, chr.
Niles sat by his sde,) he would restore the clause
which had been omitted, and let the inquiry
(touching his forehead Significantly 90 to the
head. eT.a
The resolution was then before the Senate
again in the form in which it was first presented,
Mr.TAPPAN said he must oppose it. lfa
precedent of this kind was established, the time
might arrive when corrupt men would take ad-
vantage Of it, in order to retain numerical SUI
periority. Besides, he thought the question, which
was proposed to be determined by the Senate,
properly belonged to the constituents of the party
interested.
Mr. CRITTENDEN said the suggestions of
the Senator from Ohio, were well worthy of con-
sderation. The question was equally novel and
important, and he should therefore move that the
credentials, resolution, and the whole subject, lie
on the table until Monday next
Mr.. Blu CHANAN would desire that the SEN
ate should act with perfect unanmity on this sub
iect, and that it should be decided with as little
delay as possible. 1t was placing the honorable
Senator in very awkward position to hang it up
until Monday. The constitutional question might
not arise at all in this case He adverted to the
fact that he had entered into an implied under
standing with several Senators on that side of the
Chamber, that no question of Importance should
be taken up during their absence.
Mr. CRlTTENDEN said that some IF the
very gentlemen who had thought most deeply on
'tthis subject were now absent, and they might
constitute part of the proposed committee.
Certainly this question was supposed to be en-
braced among those which the Senator was under
obligations not to take up. &
Mr.. WRIGHT desired to say single word.
He knew nothing of the arrangement which had
been alluded to, but it was not necessary that the
Senate should take any final action in this case
let the investigation proceed, and action might be