The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-10
IN CONGRESS OF THE q. STATES.
Thirty Fourth Congress-Thirds session.
MONDAY, FEBRUARY ., 1887,
sENATE,
EtEottltK ooaMraItArloNs, tTl


compliance WIN ~ certain drawings and estimates for
The construction Of iron suspension bridge and also for
stone arched bridge across the Potomac river which was
mIttee the bis,rcSf G0idba hs had the subject in
charge TO that tbs report be printed TO the end that
the committee might have before them their next meet
ing which will be On Wednesday next and the motion
The PRESIDENT pro ep also laid before the Senate
communication from the Secretary of the Navy, transmit
ting eighty copies of the official Navy Register for the year
1851
The PRESIDENT pro TEN. also presented memorials
from The territorial legislature Of New Mexico praying the
adoption Of for preventing Indian depredaons
upon The inhabitants OF that Territory also praying APP.
preparations Of money instead of laud for the immediate
establishment of schools and praying appropriation for
the completion Of the Staehouse in that Territory which
severay referred TO the Committee on Territories
SENATOR ISDASA.
Mr. BRIGHT presented the credentials Of Hon. GaAHts
~ Fne elected the Senate by the legislature of the
State o. Indiana for the remainder of fhe constitutional
term ending On the 18th of March, 1866 which were
read.
Mr.. TRUMBULL said that he had had placed in his
bands BY special messenger who had been Gent here
that State duly certified proet against the legality of
the election OF Mr. FiTc and also protest signed BY thirty
four members Of the Indiana house Of repre- senaves TO
the effect lie asksd that these documents might be
read and gave notice that he should object the admins
tering OF the oath to the claimant and should offer
ouiion declaring the election unconstitutional and void
these protests read He believed his colleague ent
tied to be in under the rules and pecedents Of the
Senate and the case could be investigated afterwards
| Mr. TRUMBULL insisted on having III protests read ;
! and they read accordingly.
| Mr. DOUGLAS desired to state, without intending TO
PREJUDICE this case or to express any opinion whether The
gentleman whose credentials presented was
not legally and consttnonaly elected that ii had
beer the general Pr cce il not the invapablc practice OF
the Senate to regard the credentials Pa ace evidence
of the right Of the claimant to the seat and ii there
any question raised the matter subsequently nves
gated and decided He referred to several instances to
illustrate this fact among which were those OF Gen Shields
Mr. TRUMBuLL, and Mr. HARLAN In each of these the
seat given to the claimant the presentation Of his
credentials and be continued hold until decision Of
The made which sometimes did not take place
until after the lapse Of year more.
Mr. TRUMBCLL admitted that the practice had been to
admit the gentleman his certificate OF election and to
investigate the afterwards hut that had been
adopted in consequence of the diff uy of investigating
aad deciding the case at once. Bat there positive
rule to this effect had 1t by any been the uni
form practice OF the Senate DO The practice bad
been both ways. lie then proceeded read extracts
from The book of sled elections commencing with
the cpse Of Mr. Johns OF Delaware who was appoint
ed In the place of George Reed, in l79l, aud also
citing the cases of Mr.. Grswod of Ohio in 1900,
and Mr. Lanman of Connecticut, in 1920 In each OF
these cases the oath was not administered until the de-
cson in regard to the legality OF the claim was made He
took it for granted that no gentleman desired 10 occupy
seat 10 the Senate for moment unless he legally
entitled to it, Il would be wrong for any thus 10
cupy seat for single day. If the is Of such char
that the Senate decide upon it Immediately. He
thought the present which could be easily under
stood and that Justice required immediate decision
for only from the netessi,ytf the that differ
en rule had prevailed. TIC facts in this
well understood and he could how additional
light could be thrown upon it by delay reference Of
the subject to the Committee NE Judiciary. That COM
mt,ee have receu,y investigated and reported upon case
involving bcsame principles at involved 10 the present
They reported that Mr.. Harlan entitled to his
because be bad been elected by quorum of each
branch OF the legislature of his State and the Senate had
discussed the matter fully ard sustained the committee
How then could there he dout in the present
where similar state OF things presented? He proceeded
at length TO give history OF the circumstance
der which The election took place.
/ Mr.. TOOMBS said that there but question
before the Senate and that upon the sucency OF the
credentials Every argument that the senator from ILL.,
nos Mr.. TRuMnrL had adduced went behind the ceden
tails aud Thus had pertinency TO the present question.
He commended that the universal rule of the Senate had
been that where The credentials in proper FORM upon
that prma aes evidence the claimant took his seat, lie
belieye that to be sound and proper principle to act
upon and therefore urged that the oath ought TO be ad
mnistered in the present
Mr. SEWARD thought it would be better in all of
contested election that the investigation should be made
Immediately the presentation OF the claim and that the
should remain until the claimants title
established He proceeded to give the why he
gar ed that the preferable While ii
possible that State might be deprived of her vote in the
case the other hand all the States might have their
rights impaired subvtrted by the holding OF seat by
per- who was member OF the body. As prece
dent the stood in this way In the early history Of
the Senate the claimant denied the scat and it
|
decision pronounced, and then be admitted reject
ed definitely and finally but during the later history Of
! the government different practice has prevailed. He
then went show that this did not fall within the
rule and presidents which taiIn,d have been
tied by the Senate and con nded that the credentials did
not present such rRa fdcie evidence Of title to ene
| the gentleman TO the seat 4
Mr.. PUGil urged That il tue credentials Of Mr. Fncn
in proper form, he eottled be in and
bold the 8, at until his right contested.
| Mr. SEWARD cited the of Hon. Archibald Dixon,
whose claim TO SCAT as senator rom Kentucky de-
bacd for fourteen days before he allowed take the
oath.
| Mr. RUSk replied that there was no analogy between
that and The present Then there two
from kentucky The floor, aud il Mr. Dixon had been adj
mted there would have been three from that
| State on The floor ata i've
Mr. BRIGHT said that he did not intend to be betrayed
into thing like argument in relation 10 this matter
now for the that would he indgDiiy 10 the
State which he bad the honor TO represent Mr. FITCH
claimed 10 be elected by majority vote and he bad
ceieed It. AT the proper time he would chow that this
90 into the argument until the oath should have been adj
mnisered to his colleague The uniform custom
and be thought the object OF this argument in advance
preoccupy the public mind prevent impartial
Investigation OF the eis in the He expressed the
opinion that the senators from New York and Illinois,
GMesss SEsARD and TRUMBuL had been the councillors
aud advisers in cpdoavorng prevent eleCtoa OF
ators in Indiana and sought take advantage of the
state OF things which existed in that State But in
spite of their efforts thec had been election Mr. Fitch
received S3 out OF OF the regularly commissioned
senators representatives of the State OF adana aud
when this question ghoud have been investigated by the
proper committee and all the facts fairly canvased he
thought there could be doubt but that the Senate would
decide in favor OF the legality and stutonay of the
the above