Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-02-12

III LCSIotS1iuIS " -"
that the oath be administered to him.
Mr.. Trumbull said hH had placed in
his hands, by a special messenger from
that State, the protest of the Senate
against the legality Of the election; and
also a protest, signed by thirty-four
members of the House Of Represent
atives of Indiana to the same effect.
Mr.. Bright said it was not necessary
to read the protests, and he believed his
colleague, according to precedent, was
entitled to be sworn in.
The protest was read.
Mr.. Trumbull objected to administer
ing the oath.
Mr.. Douglas though it best that Mr..
Fitch be sworn in, and the Senate in
vestigate the legality of the election af-
forward, rs had been the custom hereto
fore.
Mr.. Trunbull replied, that custom
lad Eecn both ways, and citel eases
where the administration 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. Mr.. Trum3ull took for grant
ed that no gentleman desired to occupy
Il scat in the Senate for Il moment unless
he was legally entitled to it, 1t would
be wrong for any one thus to occupy a
seat for IA single day if the case is OF
such Z character that the Senate can de-
eide upon it Immediately. The present
case could be easily understood, and
justice required its Immediate decision,
for it was only from the necessity of the
case that a different rule had even pre-
vailed. The Committee on Judiciary
have recently investigated and reported
upon 4 case involving the same princi-
pics which are inyolged III the present
cascs They decided that Mr.. Harlan
was not entitled to Il seat because he had
not been elected by 4 quorum OF each
branch Of Legislature of his State, and
the Senate had discussed the matter fu!-
ly, and sustained the committee. How
then could there be Il doubt in the pres
cnt case, where Il similar state Of things
is presented?
Mr.. Toonbs thought there was but
one question before the Senate, and that
was on the suiiciency of the credentials.
bulD had advanced from behind the ere
dentia!s, and, therefore, had no peril
uency to the presentqucstioa. He con-
tended that the universal rule of the
Senate hal been that where credentials
are in proper form, upon that priaa IT,
CT. evidence the cliimant took his seat.
He urged that the oath ought to be ad-
min:stered iii the present case.
Mr.. Seward SAID it would be better in
all cases Of contested elections that the
Investigation be made Immediately upon
the presentation Of the claim, and the
seat remain vacant until the claimants
title Was established. The precedent
eases stood i'll this way. In the early
history OF the Senate, the claimant WAS
denied Il seat, which was held in obey
anca until the investigation was made
and n decision pvono2acel, and then he
las adnitt5G o. rcztcI definitely or t.,
nally; but during the latter history o.!
the Government, q different practice hes
prevailed. He contentel that the case
did not fall within the rule and p~ccc-
dent which were c%lainle to have been
settled by the Senate, and that the ere
dcntials did not present such priD,a f.
Gle evidence of sitle as to cntitlc the gen
tleman to Il seat.
Mr.. Pugh argued that if the credan-
tails Of Mr.. Fitch We're in proper form,
lac was entitled to be sworn in, and
hold his seat until his right was contest
ed.
Mr.. Seward showed the rightof Arch
ibald Dixon, whose claim to 4 seat as
from Kentucky was debated
days before lie was allowed to
take the oath.
After fuather debate. the Senate, by
a voth of 33 to II, refused to refer the
credentials and protests to the Judiciary
and Mr.. Fitch took the
oath.
Adjourned.
Nothing of Importance transpircd in
the House on this dag. except Mr.. Chap
bill for a wagon-road to the Pacif-
.e, which passed by vote of 119against
%. Ed. Dem.