The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-17

higner anthoriy IMAM the gorerporan authority with
put which the governor has right 10 sign the cert
caetels you that il never acted that il voted
that 1t never agreed TO 60 into convention but protests
against this action and rep1diaes it altogether These
protesants do not that the paper forgery but they
say is as worthless if IL forgery As it
TO me- the presentation of this evidence the part of
.he senate OF Indiana destroys and overwhems at once
the rima fdcis which the governors certificate
makes
word now, sir to precedent We all remember the
famous New Jersey case. THAT think the strongest
case which occurred and hope there gen
temen now on this floor who members of the House
OF Representatives at that time perceive that the hon
orable senator from California Mr. WELLER bows He
was one; and have doubt be might go and with
classic eloquence and truthulness say Magma F
That was case where the certificate good lis face
and admitted to be More than that the officer who
gave the certificate in that instance by law the cer
flying officer He certified that the persons whose names
he set forth elected members of the House of Repre-
senaves and yet the House of Representatives at the
risk of revolution kept the wheels of government blocked
do not know how long and refused 10 swear ii those
men because they believed the certificate Of the governor
TO the contrary Notwithstanding that they had not re-
ceived constitutional majority of votes and such was
the ultimate decision of the House of Representatives On
the question of precedent desire to call the attention Of the
Senate TO case from the State Of Delaware because it is
in point have before the credentials, and Will read
them, for they are brief:
In the of the State of Delaware Joshua Clayton
governor Of said State all to whom these presents shall
come, greeting
Whereas George Read esquire Of the senators Of said
America did, the 18th day OF December last resign the
said office place of SENATOR whereby hath hap
know ye, that the said Joshua Clayton, of
the said State BY virtue Of the powers vested in me BY the
States have and by these presents do in order to
ply the vacancy aforesaid nominate and appoint Kensey
this IN the Of the hereby
vetng the said Kensey Johns with all and singular the
and authorities to the said Office place of senator be-
longing hold the and exercise and discharge the du
ties thereof until the next meeting of the Legislature of the
said State of Delaware. -..... .s. M y..
In testimony whereof Joshua Clayton governor of said
State, have hereunto set my hand, and caused the
great seal Of the State to be Affixed at Newcastle,
H. 81 this the 10th day of March, in the year Of
Lord 1874, and of the Independence Of the United
By the governor: JAMES BOOTH, Secretary.
On the face of these credentials there fault
there exception Nothing appeared the face of
the credentials to nvaldate them more than appears
here; but he allowed to be in because the
Senate believed that behind the credentials there
thing which ought to nvadae the certificate; and,
inquiry they so held We the Judges of election
the judges of the right of any member claiming
bold seat here When may the question of his right be
rased2 May not be raised once and not this the
appropriate place and the appropriate timer Ii man
undertaking nrade himself into the Senate, whom
majority Of the body believe to be Illegally claiming that
place. what rule of courtesy what rule OF precedent there
that calls upon the Senate to let him In when at the
time that they let him they believe that he is not en
tied to be there, or to stay one moment after he gets in
/ Besdes-and upon this point quote the distinguished
chairman OF the Judiciary Committee of the Senatesup
pose you admit him. you do postpone the question five
minutes because the moment after he takes the OATH If he
underaRes 10 vote or TO exercise any oil the 1uncons OF
SENATOR it is competent for any member of the Senate
challenge his right and the challenge raises question OF
privilege which must be settled before anything else
be disposed of for it s the first duty of every Legislative
body to purge itself Of every who is not legally ent
| tied to be there. a
Then what are the facts in this case2 The honorable
senator from indiana Mr. BRIGHT niimate that there
two great offenders here aud ohersI suppose in
Latin it would read ns aiiis who have been parti
csps crminis will plead guilty to as much as this:
have had little counsel, and but little with some gen.
tlemen living in the State of Indiana Gentlemen who
want carried here however, ia the habit
of consulting me- for it is well known that do not belong
10 healthy organization and have Influence here
aside from that which belong TO the force of the
ments which urge have understood from reading the
newspapers that this Gov Willard two years ago
cised this revolutionary prerogave of refusing to
into convention to choose senator. may be misa-
ken only get this get other matters of current in
formation of the day. out of the newspapers believe,
however correct The justification which he had
and undoubtedly it very good justification in the
minds of his political friendswas that if he had per-
mited the senate of Indiana to go into election two
years ago. which be prevented by his casting vote of
those gentlemen who denomnated black republicans
would probably have been elected senator from the State
of Indiana To prevent this dire catastrophe as under
stand by the papers-l have record OF il before me
this very gentleman refused al the senate of Indiana
go into joint convention two years ago But now cir
cumsances being changed and il being probable that
man of different stripe would be elected, be thought he
might go into convention this year without vote of the
senate plead guilty TO this that did tell some of my
friends from Indiana that if they had patient put under
their this year. they had better give him little of the
same medicine which they themselves had to take two
years ago. Laughter. did not think anybody could
complain of that thought that that portion of retrbu-
tive justice which is administered this side the grave might
well be piled in that in any that had be-
observation for advice and told those gentle
men who did me the honor to talk to about it that
thought would be udcous and fair exercise of
sttutonal right to refuse to 60 into convention the other
party having refused to go in two years ago. So far
that renders obnoxious to any censure am willing
to take it now, after the oath shall have been ad-
ministered to Mr. FITCH, at any other time the Senate
may think proper
i am not going to justify either party in point of moras
am not called upon do but question Of legal
right justify them both and leave the question of morals
to those who have take Of their MORALS which, thank
4 God, is not my task simply put it question of po-
cal right and say that il there such majority OF
republicans in the Indiana house of representatives
years ago that If the senate had gone into joint
ton with them, member Of this body would have been
chosen contrary their politics. they had legal and po-
ca right to refuse to go into joint convention and they
exercised that right Further than that have not word
say in regard to their If they had the right
years ago. say the right exists the other side of
the house this year and anything contrary to that is
trsry to what have been accustomed to consider fair
play II seems however that the governor does not think
so this year. shall find fault with that do not hold
that any 10 obliged because he commits error
persevere in it. He has right to be converted the
truth he has right to have the scales fall from his eyes;
and If alteration of circumstances has produced the
change in his mental moral political vision
\ find fault with him.
Then the question of the right of Mr. FrTCH TO
i seat this hoor 1t; and say this is the time,
this the place. and the only appropriate time and place.
to take objections when have knowledge of the facts
which that denial is based What the facts SO far
they have been made to sppeari So far they have
been made to appear you have pria lcie certificate
from the governor: but to meet that you have