The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-14

rum Where does be get that he refer TO the laws
of Indiana prove be mast take the statement the
senate Of Indiana for the facial behind the eredentias
The presented exactly his year ago
The protest Of his opponents that BY the constitution
Of that State be ineligible 10 take his seat believed
50 then and believe do not believe the
entitled his ssat but the Senate decided in his
favor On that point clearly Of opinion that the
constitution Of illinois, which excluded him, was good
and valid law on the subject
We come TO the case OF the senator from Iowa Mr.
HARLAE There the same thing occurred II was said
thai there quorum of the Iowa senate present
That was the case There new facts but be sat
here months and months during the whole session. until
the committee reported. II question of great diff
Guilty.
The declaration Of the senator that nobody wants 10
hold seat here to which be is not entitled wt enough
buf that is matter or the Senate 10 decide As stated
70 aim, do not think he isened 70 his seat That
my opinion in the Judiciary Committee. believed
the senator from Iowa entitled TO his seat but the
Senate decided otherwise They decided that the senator
from Illinois and the senator from Iowa not ent
tied To the seat
Ny argument is to show thai in both the most recent
cases Of the senators from Illinois and Iowa the only
tons on which their elections turned presented BY the
legislature branch Of the legislature the beginning
In his case the Of his State protested then
Mr.. TRuMBuLL There was no protest Of the senate
but of individuals.
Mr.. ToOMBS do not care who presents protest
An individual citizen has much right senator TO
contest the legality Of the seat Of any member do not
who does it, II is question whether you shall take
the testimony OF the protestant conclusive That 10 not
legislative duty they do it as individuals they do
il in other way. Bat in the Of the senator from
lows the protest legislative Then here the
il directly the which that presented The Of
Iowa in that case and the senate Of Indiana in this pro-
tesdeclaring that be not legally elected that there
was quorum that they not in joint convention
that they never did go into joint eonvenon that they
heard Of Il casually as these gentlemen say they dd and
that election did take place according the law
OF Iowa In my judgment it did. majority of the Sen
ate said it did NOT and turned out the member All this is
behind the credentials, however.
SEall be driven preulaturey determine
poat which the senator makes 10 what is quorum in
the Indiana legislature In my Judgment the rule Of the
constitution OF Indiana requiring twohrds TO be present
to constitute quorum in each branch relates to egsa
ton. The senator goes into long argument to show
that they could not pass joint resolution without two
thirds Who pretends that joint resolution is necessary
TO elect United States senator III branch sends
notice the other HWe are ready you and dis
charge this duty and they have law to do it bat they
do actually go in is joint 1uton necessary? Is it not
the members Of the body who yoe No Legislative act 10
required there concurrence of both bodies the
most extreme gentleman who argued the lows said
that sufficient In this case, majority Of one body
had sent to the other messenger to say we ready 10
meet you at twelve o'clock without passing resolution,
and the senate had gone into convention IN obedience 10
that request il s coutenaed by any that the legs
lature would have made the election But the
from Illinois goes into long argument to show that two
thirds cf each branch necessary to form bat
the constitution Of Indiana requires that exclusively for
legislative action; at least il silent in regard to United
States senator's
The Senate wiz readily perceive that we are going into
high constitutional questions You called upon to in
vestgae this differently from the Of the senator's
from Illinois and Iowa, who allowed to take their
and keep them for months and in the Judgment OF
the Senate entitled TO his seat and il il the nag
mont Of OF that the other lot entitled TO his seat
to-day That is my opinion about itthat the constitu-
ton Of Illinois is good law in this respect think the
SENATE should proceed usual in this Whatever
may be the merits of the question do not wish TO pre-
Judge them by argument 1t possible they may
come before Of the standing committees of which am
member; but say the uniform rulethe rule in those
cases to which have auded-is to in the per-
tbe n
their election apparent and matters of record and
there dispute about the facts in either was
on the committee by which the report made in both
cases and had witness bur took the documentary
evidence presented to There not solitary diff
Guilty about fact in the Of either Of the genemen
but allowed them both to be sworn and one 70 SIT here
for months who suffered under the terrible incton to
which the senator from Illinois audes Of holding seat
to which majority Of the Senate said he was not entitled
Tint question TO be determined The of the SEN
ate and the right Of the Is that the member presenting
prd aeie fair credentials takes his seat and II there is
any question: it s decided by the Senate Il is Uniform
rule sound rule proper rule because while all this in
veshgaton going the member having PTs1ad Jacse
case should sit here and represent his State.
Mr. SEWARD. Mr.. President the gentleman who comes
from the State Of Indiana claims TO be admitted to seat
the hoor Of ths chamber senator from that State
It is very clear that he is really senator If be has been
duly elected he ought TO be entitled TO take his seat as
speedily possible That is of justice to him and
act Of Justice to the State, and the public welfare re-
qures IT 1t just clear the other side that he
has not been duly constituted senator and thus entitled
to seat on this feor he ought not to be allowed TO take
seat here and 10 upon questions which affect the well
fare not merely Of the State of Indiana by whca in that
he is not elected but the welfare Of the people OF this
whole country. When he presents this claim senator
who is responsible SUCH objects TO his bting sworn In
upon the ground that be has not been daily elected and
that objection sustained by proofs which show that there
Is reason to doubt and drus not to ovepower or over
come the evidence which be presents in favor OF his claim
The question then arises, what shall be donef That
must be investigated and the title ascertaned and deter
mined all agree The question is when shall that in
vestgaton be made and what shall be the position Of the
ing made2 This Is the only question before the Senate
is conended By the senator from Indiana and the
senator from Georgia that the should be made
at future period and that in the time the person
whose title denied shall be entitled TO enjoy the benefits
privileges and powers which belong to the seat ne Claims
In my Judgment this is question ofrigh and expediency
in ITSELF in the first place and then OF precedent AS an
original question Of right and expedency with regard
the puAHe welfare doubt not that it would be better
in all that the Investigation should be made imme-
diately upon the presentation Of the claim, and that IL
should be decided upon that investigation and that the
seat should remain vacant until it decided and until
the title established reversed There many re-
why this would be the best One E that while
it possible the State may be deprived of vote here IN
States may have their rights impaired and subvered BY
the votes Of the person holding seat here who not en-
titled to seat AZ al member Of the body II Is une
quail in relation TO the other members and TO the Senate II
self Each Of is obliged establish his title before ne
takes here Each Of States bound TO estao
sh the title by which hold seats But in the case
Of contested election where the adudcatou Is suspended
Judgment Is rendered d 5ee favor Of the client and
then the delay occurs sometimes month, sometimes
year sometimes for aught / know, two years know
that il is best for the public welfare that Il s not inst
and equal that by the operation OF delays the seats In