Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-02-13


Washington on the fast line, on Wednes-
day evening, after the caucus adjourned.
A special messenger left, shortly after or
with them bearing tho protest Of tho SEN
ate, that Il might be presented when their
sham credentials were presented. The
following is the action Of tho senate on
Fitcho's case
Congressional Proceedings.
WASHINGTON, Feb. o.-SESATE-Mr.
Bright presented the credentials Of Gm-
ham n. Fitch, setting forth that he was
elected senator by tho Legislature Of In
diana. and moved that tho oath be admin
lstcred TO him.
Mr. Trumbull said he had placed In
his hands by q special messenger from
that state, tho protest Of the senate against
the legality Of the election, and also
protest signed by thIrty.four members Of
tho House Of Representatives Of Indiana
to the same effect.
Mr.. Bright said twas not necessary to
read the protest. and ho believed his col
league, according to precedent was enti-
tied to be sworn in.
The protest was read.
Trumbull objected to administering the
oath. =.
Douglas thought II best that Fitch be
sworn in. and the senate investigate the
legality Of the election afterwards, as had
been the custom heretofore.
Trumbal replied that custom had been
both ways, and cited cases where the ad-
ministration Of the oath had been refused
until the matter had been discussed and
decided. He thought that no additional
light could be shed on this matter. as all
the facts are known.
Trumbull took Il for granted that no
gentleman deserved to occupy seat In
tho senate for moment unless he was
legally entitled to 1t.
II would be wrong FOR any ono thus to
occupy seat FOR a single day II the case
Is Of such character that the senate can
decide upon It Immediately. The pres
cnt case could DO easily understood, and
justice required its immediate decision,
for II was only from the necessity Of the
case that different rule had ever prevail.
cd. The committee on Judiciary have
recently Investigated and reported upon
case involving tho Same principles which
arc involved in the present case. They
decided that Harlan was not entitled to a
seat because no had not been elected by q
quorum Of each branch OF tho Legislature
Of his state, and the senate had discussed
tho matter fully, aud sustained tho com.
mfttcc. How, then, could there be n
doubt in the present case, when a similar
state OF things Is presented :?
Toombs thought there was but ono ques-
ton before tho senate, and that was on the
suliclency Of tho credentials. The scna.
tor from lllnoif (Ma. T. } had advanced
from behind the credentials. and therefore
had no pcrtinoncy to the present question.
III contonded that tho universal rulo Of
the Senate had been, that where creden-
tials are IN proper form, upon that prima
facIa evidence the claimant took his seat.
he urged that the oath ought to DO admin
sterod in the present case.
Seward said It would be better, In all
cases OF contested elections, that the In
vestigation be mado immediately upon
the presentation OF the claims, and the
seat remain vacant until tho claimants H..
tic was established. Tho precedent cases
stood in this way; In the early history Of
tho senate the claimant was denied n seat,
which was held in allowance until the in
vestlgation was made and n decision pro.
nounccd, and then he was admitted or rc-
iectel definitely or finally; but during tho
latter history Of the Government differ
cnt practice has prevailed.
He contcndcd that the case did not fall
within tho rule and precedent which
were claimed TO have been settled by the
Senate, and that the credentials did not
present such prima facim evidence Of title
as to entitlc the gentleman 10 q seat.
Mr.. pngh argued that II the credentials
of Mr.. Fitch were in proper form, no was
entitled TO be sworn In and hold his seat
until his right WAS contested.
Seward showed the case OF Archibald
Dixon. whose claim to seat rs Senator
from Kentucky was debated fourteen days
before he was allowed to take the oath.
After further debate tho Senate. by a
vote Of 32 to IL, refused to refer the crc-
dentials and protests to the judiciary Com.
mittee, and Mr.. Fitch took tho oath. Ad-
Ijourned.