Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-02-11


SRNATE.-Mr Bright presented the ereden-
tials of Graham n. Fitch. setting forth that
he had been elected senator BY the Legisla,
ture of Indiana, and moved that the oath of
office be administered.
Mr.. Trumbull said he had placed in his
hands, by special messenger from that State.
/ the protest of the Senate against the Legality
of the action, and also protest signed by thir-
| ty four members of the House o Representa-
tives of Indiana to the same effect.
Mr.. Trumbull objected to the admission of
the oath.
Mr.. Douglas thought it better that Mr..
Fitch be sworn in, and that investigation
into the legality of the election should take
| place afterward, as has been the custom here
tofore.
Mr.. Trumbull replied that the custom had
been both ways, and cited cases where the
oath had been refused until the matter had
been discussed and decided. He thought that
in this case no additional light could be shed.
! ON the matter. as all the facts were known.
The Committee on the Judiciary have re-
Gently investigated and reported upon case
involving the same principles involved i'll
the present case. They reported that Mr..
Harlan was not entitled to a seat because he
had not been elected by a quorum OF each
branch of the Legislature of his State, and the
Senate had discussed the matter and fully
sustained the committee How then could
there be doubt in the present case, where
similar state of things is presented
Mr. Toombs thought there was but one
question before the Senate. He commended
that the universal rule of the Senate has been
that where the credentials were in proper
form, upon that prima facie evidence, the
claimant took his seat
M &attr a,-I -a,I ~ 4 hattie -, oil
cases of contested election that The investiga-
ton should be made Immediately on the pre-
sentation of the claim, and the seat remain
vacant until the title to it was established
He gave the reasons why he thought this
course preferable While il was possible that
State might be deprived of her vote in one
case, on the other hand all The other States
might have their rights impaired or subverted
by the holding of seat by person who was
not member of the body. With regard to
the precedent, the case stood in this way =
In the early history of the Senate the appli-
cant was denied the seat which was held in
allegiance until the investi alton was made and
the decision pronounced, and then he was ad-
mitted or rejected definitely, or finally.
MIR. Pugh argued that if the credentials of
Mr.. Fitch were in proper form he was en-
titled to be sworn in and hold his seat until
his rights were contested.
Mr.. Seward showed the case of Archibald
Dixon, whose claim to a seat as senator from
Kentucky was debated fourteen days before
he was allowed to take the oath of Office.
The matter was further debated by Rusk,
Bright, and others, when the Senate, by vote
OF 80 to II, refused to refer the credentials
and protest to the Judiciary Committee. Fitch
took the oath.
Adjourned.
HOUSE, The House passed, by 119 against
As, Mr.. Chapman's bill for a wagon road to
the Pacific. 1t appropriates 100000 for
wagon road from Fort Kearney, in Nebraska,
via the south pass of the Rocky Mountains, to
the eastern boundary line of California, via
Honey Lake, the said road to connect and
form an extension the road already author
lied from Fort Ridgly to the aforesaid south
pass.
The next question was motion of Mr.. Bar
bour to suspend the rules to enable him to in
troduce the resolution from the Judiciary
Committee, that John c. Watrous, United
States District Judge for the district of Texas,
be impeached for high crimes and misdemean-
ors.
Mr.. Letcher said the charges were serious,
and demanded that the report of the Commit
tee in this case be read.
Mr.. Boyce remarked that gentleman had
informed him that Judge Watrous was one of
the most high-minded men in the United
States. and by the Supreme Court believed
to be one of the ablest judges in the country.
Mr.. Evans said Mr.. Watrous had been Judge
ever since the admission OF Texas, and that
Immediately after his appointment suspicion
regarding his integrity took place in the pub
lie mind, No one, in Texas, except a few
persons engaged in litigation. pretend to de-
fend him. 1t was due to the purity of the
country and courts, and to the administration
OF justice, that Judge Watrous should be put
on trial, in order that he may show whether
the charges result from persecution, prejudice,
or combination of circumstances. 1t was
mockery for the DISCREET Judge, in whom the
public have no confidence, to be continued IN
Office against the remonstraDces of the Legis-
lature of Texas, the bar, and the people.
The rules were then suspended by vote of
1856 against 80, and the resolution reported.
The further consideration of the subject was
then postponed to Saturday week.
Mr.. Campbell OF Ohio offered resolution
that the daily hour of meeting hereafter be IL
instead of II o'clock. The resolution passed.