Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-03-27

tue+ sAS - s7tsHfs w. " nc k1ttieoig HA'e
been usurped in defiance Of the people and 10
.yiOIStiOn Of The Law; tha. thess usurPers have
unlaEfully legislatsd; and that because Of this
usutpaIiOn their legislation is void. as well as
because It is not consistent with the organic &C;
or the constitution The minority say you
cannot inquire into this. If we can then it
seems TO be admitted that We should.
Ihave given my reasons for holding that We
, have the power to make this Investigation. /
Only add, upon this point that even where
sovereign State has chosen to legislats and en-
se;, in formal manner, that an election made
+ by previous Assembly was void, and has,
acting upon such Legislation, chosen u. s.
Senator, that election as we'll as the statute Of
the State, has been declared imperative and
void by the United States Senate, in the ex-
ercise Of the power ito judge q the qualieca.
ton, election, and returns fits members" l
alule TO the case Of Potter Us. Robbins, re.
ported in the cases Of Contested Elections, p.
876. The facts were these: on the 18th of
Of Rhode Island, elected Archer Robbins SEN
atOr in Congress for SIX years, from the 4Ih Of
March following. At the October session, A.
J D. 1888, the General Assembly of that State
enacted a statute which after reciting said e.
r lection of Rob bins, declared "lhat the said e.
1 lection be, and the same is hereby declared to
l. - 4 y A,l
d same session, the said Legislature elected Pot
ter Senator from said State in Congress- for
six years commencing on the 4th of March,
e 1888, and be received certificate under the
y great seal Of the State. On the motion to ad-
u NIT Robbins to his seat, Mr. Kane said Should
8 the Senate be SO kind to Rhode Island as to
IT take the appointment OF Senator out of their
70 hands and to say that, when she declared the
70 frsL election (Robbins) null and void, she had
made false declaration? This was point in
, volVing the sovereignty of tie STATS" The
Senate in the exercise of its constitutional pow.
u or to inquire into the election of its members,
went behind the statute of Rhode Island de-
claring the election of Robbins void, and dec-
u ded that the statute had no effect that it was
= unconstitutional, and that Robbins was entitled
: to his seat, and he was accordingly confirmed
II by the Senate.
= , If, in the exercise Of its powers, the Senate
'' could go back Of this statute, and fad that
% under the Constitution Of the United States
% the Legislature of Rhode Island had no author
- ity to pass this statute. why may not the Senat
il The organization of that State Legislature
. had been IN any manner controlled by th,
u Constitution or law of the United States, hav
u 1, inquired into that also, upon the question o
l the validity Of the election ola Senator? AL
oil though the majority of the committee in tha
IN case did not go this length, ] find report il
ne the case submitted by that eminent and dNeE
ly .lamented man, the Hon. Silas Wright. Jr
% late Of NewYork, wherein the entire ques!io
ed OF the power of the Senate in the premises
n discussed with signal ability. The majority i
~ their report had said
~ at is ageneral principle Of national law Gp
10 plcable 10 oil distinct and independent govern
ie ments, that il there arise any disputes in
re State on the fundamental laws and administra
ut ton, or on the prorogatives of the different
IN powers of which it is composed, it IS the bust
e ness Of The State alone to judge and determine
! them in conformity to its political constitution.
n Upon this Mr.. Wright remarked:
l. "These principles may be perfectly SOUND
t. when applied to nations wholly disconnected
or with, and independent Of each other; but lht
10 undersigned respectfully submits that they cal
J. not be applicable to governments related tC
Id and connected with each other as are the gov
IN ernments OF the States of this Confederacy
H. and tho Federal Government, of which tn,
ID States are component parts. and especially wher
le the question is the proper representation o
u the State in that branch Of the Federal Legis
r ture where its sovereignty is represented in th,
Is particular manner pointed out by the Fedora
70 Constitution. Upon such question. that in
N strument, and not the ge neral principles of in
B. ternational law, must govern the decision =
Of We have already seen that the Constilu;io
i makes it The duty oi the Senate to Judge Of tn
er "elections" of its members. Another provi,
10 ion Of that instrument says Ghe Senate Of th
as United states shall be composed Of two Sens
C. tors from each State chosen by The Legislatur
be thereof and the question now directly pre-
ch 'ented is, was Mr. Robbins chosen by the Leg
- isature Of The State of Rhode Island?
RS at would seem to the undersigned, with a
d. Difference to the opinion expressed by the ms
'e' jorty of the committee, that the Senate cannC
,s' judge Of the election of that individual unles
~ it look into and decide this question and thl
his to determine ,b;s % ha an vno,tho.;.oJ IT,,