The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-02-14

credentials OF G. N. Fitch, setting. forth
that he was elected Senator by the Legie-
lature Of Indiana, and moved that the oath
be administered TO him.
Mr. TrumbulI said. that he had placed in
his hands by special messenger from that
State, q protest OF the Senate against the
legality Of the election, and also, q protest
signed BY - members Of the House OF
Re representatives, Of Indiana to the same ei-
feet.
Mr.. Bright said il was not necessary TO
read the protest a. he believed HE colleague
according TO precedent, WAS entitled to be
sworn 10.
The protest was read.
Mr.. Trumbull objected to the adminisra-
ton Of the oath.
Mr.. Douglass thought it better that Mr..
Fitch should be sworn, and the Senate in
vesfiga'e the legality Of the election after.
wards, a. had been the custom heretofore.
Mr.. Trumbull replied that the custom had
been both ways. and cited cases where the
administration Of the oath had been refused
until the matter had been discussed and de-
cided. He thought in this case no addition.
al light could be shed on the matter, Us all
the facts are now known.
Mr. Trumbull took II for granted that no
gentleman desired 10 occupy seat In the
Senate for momen, unless he was legally
entitled TO il, and it would be wrong for any
one to thus occupy a seat for single day
if the case 10 of such a character that tn
Senate can decide upon it Immediately
The present case could be easily Understood,
nd justice required il imm rebate decision,
for il was only from the necessity lof the
case tina, different rule had ever prevailed.
The COMMITTEES on judiciary have recently
investigated and reported upon case in
goiving the same principle which 10 involved
in this case. They reported that Mr.. Hsr
| Ian was not entitled 10 seat because he
had not been elected by quorum of each
branch oflhe Legislature OF his State, and
| the Senate had discussed the matter fully
| and sustained the Committee. How then
could there be doubt in the present ease
where similar state Of things was pre-.
scented.
Mr.. Toombs thought there was but one
| question before the SENATE, and that was Oh
The sufieency OF the credentials. Every ar.
gument the Senator from Illinois (Mr
TrumbulD mad advanced, was from behint
Il
| eney to the present question. He eontende.
hat the universal rule Of the Senate ha,
been that, where credentials are in props
form, upon that prima facie evidence III.
ciaimsnt took his seat. He urged that ,h'
oath ough, 10 be administered in the pfesen
| case.
Dir. Seward said it would be better, il
0llcases OF contested elections, that hi
investigation should be made mmediateI,
| ya the presentation OF the claim, and III,
-est remain vacant until the claimants It'll,
vas established. He gave reasons why h,
| thought this course was preferable -
While il was possible a State night be de-
| pFissd OF her vote in one case, on the nthe
hand all other States might hay. thei
| right impaired or subserled, by the holdiu,
Of . seat by q person who wae not a mem
Der Of this body. With regard TO prece
dent, tha ease stood in this wise: in the ear
" history Of the Senate. the claimant VIZ
dcnied 3 seat, which he held in abeyanee
until an investigation was made, and d.,
cision pronounced, and then he was adm
ted orrejected definitely or finally but du
ring the latter history of the Government,
different practice has prevailed. He cUu
tsaded that the case did not fslI within tn
rule and precedent which were claimed 4
have been started by the Senate, and tina
the credentials did not present such prim,
facle evidence Of title as entitled the gen
tienan 70 a seat.
Mr.. Pugh argued that if The credsn,ial
u MIR. Fitch were Ia proper form he wa
entitled TO be sworn and 10 hold his tea
until bis right was contested.
1 Mr.. Seward cited the Gaze Of Archiba
Dixon, whose claim TO seat ss Senate
from Kentucky was debated fourteen day
before he was allowed totake the oath.
| EAter further debate the Senate, by yot
Of 81 to IL, refused 10 refer the eredentisl
and pro,es. to the Committee on judiciary
Mr Fitch took the oath. Adjourned.