New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-10
XXXIVTH CON CIR ES S.
SECOND SESSION.
OBSERVATION-DISCLOSURES. Feb. Q 1857

~ Fitch setiug forth that he had bsen elected Sens
tor ty the Legislature Of lndians and moved thsi the
Os'h Of flee be administered.
Mr. TRUMBULL sid he had hsd p'scei 10 bis
hsLcs by spesis messeugtr from that ae fhs pro
test of the State 81 nsie agan, ,he Legality of hs cleo
tion ard Protest signed by thrtyt Jur me mDsrs
Of Tie House q Representatives, Of lndliLa, 10 the
ssme tftc Ct.
Dir. BRIGHT said it was not recesssry to resd the
protests, ts he believed his colleague, according T.
precedent lie entitled 10 be sworn IN.
The Or tests we,e read.
Mr. fRUMBIL then objected TO The administration
Of IL o.td.
MIR. DOUGLAS thought it better tina, Mr. Fitch
should be sworn in and that an investigation into tn
LEGALITY Of the elect on should take pace ster"ard, a.
ta. teen the or stom here OfOie
Mr.. TRUMBULL replied that TIE custom bad been
both wsys and cited where the oath had been re
fused until the m,tter had been dis lsssd and decided
lie The Ueht that 10 this no additions light coult
90 tufc or n, 9-- rs 81 ;ne i1cs we're no kuoFn'
Mr. TRtMBtiL took II for grated that no gentle
man desired 10 occut seat in the Senste tor one mo-
men., unless be was le ally entitled 70 H. II "ouiu ve
wrong foI any thus 10 occupy scar i0' s'us.e
dsy ifshe is of such character tna, tDe SENSE
cen DE- eide upon immediately. present .se could
easily be understood end Justice req .ue9 an
d. csion for it was only from the necess. OF e eS'e
that different rule had ever prevailed. nc Soui
mee he Judiciary have recently nvestiga'sN auu
reported upon case involving the sane principles Ia.
volved in the present csse They reported that Mr..
Harlan not entitled to seat, because he had not
been ec cd by aquorum IF each branch OF the Legs
aiure of bic State, and the Senate hsd discussed the
III ,tter and fully tustantd the Committee. How then
could ,bre te doubt in the present case, when smi
lar state Of things il presented
Mr.. TONES thought that there was but one ques-
ton befo the II nate and that was upon the cheney
CT the credeniais Every aguIDen that the Senstor
from Illinois TTumbull edc uced went behind the
dentss and therefore bad no penency to the present
question. He Intended thai the universal rule OF the
Senate bad been that where the credentials were in
1Orr evidence
AIT took bis seat He urged that the oath ought 10 BE-
administered in The present Gaze.
Mr.. SEWARD said II would be better in all cases Of
cohtei ted election that IL investgs should be made
Immediately on the pre- sentatGn of the claim aud the
seat remain until the title 10 II established
He gave the why he thought this prefer
able. Whil- 1t was posslbe that State might be de-
pnved of vote in the ether hand all the
other s ates might have their right impaired sub
v,ited by the tolciDg of . test by person who
not men Der Of the body With regard to the prece.
dent the ST. cd in this way Ia the early history of
the Senate the claimant denied the :. at which
held in allegiance until the investigation made and
III. d. orion prno unced and toen be was admitted or
re cted defn ely finally; but during the later his
tory Of the Government different practice had pre-
vailed. lie oontended that this case did not fall within
the rule and precedent viii h were claimed 10 have
been settled by the Senate and that toe credentials
did not present such prima ace evidence Of title 10
eptitle the gentlemen to a seat.
Mr.. PUGH argued that if the credentials Of Mr..
Fitch were in proper form, he WA entitled TO be
sworn in and hold his seat until his right
tested.
Mr. SEWARD showed the case of Archibald Dixon,
whose claim to a seat as Senator fiom Kentucky was
debated fourteen days before he allowed TO take
the cath of Office.
Mr. RUSK said there analogy between that
and the present Then there were two Senstors
from Kentucky on the floor, and If Mr.. Dixon had been
az nitted there would have been three Senators from
the same State at the same time.
Mr.. BRIGHT cid not intend now Ia be betrayed
into any hing like argument relative 10 this matter for
haf hsa furi IN no
which be had the honor 10 represent. Mr. Fitch claimed
10 be elected by the msjor vote which be TecelS sd
At the proper time he would chow that this protest was
fake from beg inning TO end He would not go into
colleague, as was the uniform custom. lie WAS OF the
opinion that the object of this argument in advance
was to reoocupy the public mind az 10 prevent an
in partial investigation II biz opinion that the Sen
aitrs from New York and Illinois Mr.. SeEard and Mr.
Tr ambul had been the coupsecrs and advisers In en-
deay ORIG 10 prevent an election of Senators In indiana
and that they sought 10 take advantage OF the stae OF
things which now existed that State. In spite OF their
Efforts however there had been an election. Mr..
Fitch received 20 out of $50 votes OF the regular CON-
misoned 81 Dators and Representatives Of the State OF
Indiana. When this question shall have been lnyesl-
gated by the proper Committee, and all the fary
sanvssstd, there CT aid be doubt ta. the Sen,te
would decide in favor OF the Legality and constitution
Atty Of the election He charged that the course OF TIE
two Senators above named in Directing 70 the admins
alton OF the oath, WAS unpNsmentary and IN
10 sustain the coure vhich he nov proposed MI.
Bright Concluded by offering resolution ma the
President pro tenn administer the oath repaired BY law
to Grshsm n. Fitch as Senator from Indians
Mr.. BUTLER wished 10 look into facts be-
fore expressing judgment on the csse. he
cited seversl cues in which gentlemen hed D zen
sworn in and taken seats where the evidence 1t h.d
been disclosed 10 the Senate, would have ien-
eered il very apparent that they not entitled TO
those seat He vas in favor OF regarding the Cover
nors certificate as prima fsce evidences OF An election,
saying, they may call me an old iogy If they cho'se
but viii adhere to the primitive simplicity Of oai
fslers WI en- Governors were representatives OF cam
mouwealibs and Sovereigntes-
Mr. CASS al the cOLclusion OF the sentence, hastily
advanced and gave Mr.. Butler firm grNp of bis
hand if indors ng the later reference TO old f)ge,
The Senate ard der sly crowded galleries were in
me dsiey convul.ed wiLh lsughter, in which the
venerable Senators hear i y lined.
Mr.. HALE ssld the credentials OF Mr.. Fitch pre-
septed 9 prima facie case, hat tbs: was good for
nothing soon a. It was met BY stronger case. II
cert fca,e ike this was presented and the Governor
should say that il Q forgery would the Senate sd
minister the oatn on that prms iacie evidence Blu,
here was protest rom the very body whose duty Il
was to elect Senators, and without vhoee Concurrence
no S<ns,or could be elected remsrking they hsd not
participated in the election Of tbs gentleman who
claims the seat, and that the Governor had right 70
give that certificate.
Mr.. MALLORY referred tos speech Of Mr. Hale in
1851 for the purpose Of showing that he 81 that ne
assumed erour contrary 70 thoee noS heid by him.
Nj NOCRSE remarked that the Prina facie evi ,ence
vas ell tie evidence which wss pre-en.ed If one tine.
lhe protests pre- ehted y me seeaef nSn lAnoi'
the rsht Of Mr. Fitch 10 seat, and the Question for
TIE St ns,e TO decide wss DO they believe from al the
e,iderce bef,e them, that be Is entitled to seat
Mr.. BENJAMIN read extracts from the credentials
CT the Senators in the First Congress to show that the
pfessrt were similar N form 70 those origin
ay pit SET ted by Sens;ors from Virginia
Mr.. TRUMBULL urged thsi the election of Mr..