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

both houses being $50 Nor were twothirds Of either
I branch present
George G. Dunn received two votes and blank one ma
king il all eghtysx votes and tWenty-three of those
were senators. majority Of the present
majority Of the sixy-two members-were pres
ent but not twothrds which necessary constitute
quorum Of that body. So that there present
quorum of either house and there present
majority Of the senate
We have this exhibition number Of the members Of
the general assembly Of the State of Indiana assembling
together different occasions presided by officer
without any authority, adjourned from time to time with
out authority by that officer and he directing them elect
United States senator and they proceeding cleo
ton without having quorum OF either branch Of the
legislature present majority Of Of lis branches
The person elected under such circumstances here
presents his credentials from the governor and asks 10 be
admitted 10 seat and that his right 20 occupy
may be investigated afterwards and il Is insisted upon,
and for what For what do you wish him be admitted
Do the Judiciary Committee with these facts referred to
Them to make report upon them They have already
ported upon case not Ike this il is true but very
much stronger than this and reported that the party
not entitled TO has seat and the Senate sustained that
The third section of the first article of the constitution
Of the United States declares that the Senate of the Uni
ted States shall be composed Of two from each
State chosen by the legislature thereof
Is il pretended that the legislature of Indiana with the
statement Of facts which bave made uncontradieted
chosen the person whose credentials have been presented
senator from that State
Another clause of the constitution of the United States
declares that
"The times places and manner Of holding elections for
senator's and Representatives shall be prescribed in each
State by the legislature thereof"
Has the legislature Of Indiana prescribed the time and
place and manner Of the election which is said To have
taken placer Does not appear by the papers your
table duly certified by the Of Indiana that that body
protested against election Of senators any of the ad
journed meetings OF the soaled joint convention2 Do
they not repudiate this whole thing There law in
the State OF Indiana prescribing the time the place and
the OF eec.ng senators and the absence Of
he tvgn
less than quorum Of the bodies get together and elect
senator As is said in Of the papers submitted
signed BY hrour members Of the house OF representa-
tyes OF the State of Indiana this election be
tanned 1t is destructive to the legal existence of the general
assembly of that State and instals in B place any mob
which may proper take crcbie possession Of the
house joint convention Of the general assembly with
out the of either body the sanction Of the
sitution, or authority Of law.
But sir this whole question recently before the
Senate and discussed in this body the Of the
tor from Iowa, Mr.. HARLAN and what his case 2
There the Legislature Of lows had prescribed the time
place and for the election OF senator; and by
concurrent vote both houses had agreed to 20 into the
election They met in joint convention quorum Of both
houses being present. and they voted time and again for
senator without being Rhle 10 effect election bct final
y portion Of the members of the absented them
selves from that joint convention by resembling the
resolution which they had gone there but by voluntary
absence leaving present. however majority Of the er
bers Of the general assembly of the State Of Iowa
ory of the members of that assembly their votes for
the senator who then occupied the seat and yet what did
that election invalid because majority OF the senate
Of Iowa WAS not present that II necessary that there
should be present in the joint convention majority of
each branch rather quorum Of each branch the
stuticn of Iowa requiring only majority to constitute
quorum That the solemn decision Of the Senate Of
the United States made not month ago upon due
sidefaron and now, is presented and gentleman
asks seat on this hoor who with altogether
weaker case-who endorsed not by a quorum OF
either body OF the legislature but IN defiance OF majority
of one OF its branches without any resolution having been
passed 90 into joint tconventionwithou any agreement
OF the two bodies Of the general assembly Of the State OF
Indiana go into election at all bur elected by tn
uaulfuous assembly called together the ps dT of the
lieutenant governor who had authority to call
Convention OF to adjourn it to preside than any
other individual in the State of Indiana
We told that the member must be permitted take
his seat and should raise this question afterwards
That sometimes has been the practice Perhaps gen
eral rule it is the better practice but why decide this
now? Why meet it at the threshold Is there
any dispute about the facts Il the senator from Indiana
says there is any necessity TO have Investigation in
order to arrive at the tuth he viii his place and
say that there was joint resolution adopted By the two
branches of the legislature of Indiana that hs
ton was held in pursuance of that joint resolution and
that election has been made by quorum Of the two
branches of that assembly convened together shall have
objection to wait until he procure the evidence
and shall be very happy not only 10 vote with him and
gentleman presenting his credentials permanently
titled to his seat But sir in like this where the
facs are undputed why meet il at once For what
purpose the applicant TO be qualified and the then
referred to committee understand the motion Is to
have the member in and suppose the resolution
dcated by would not be in order.
The PRESIDENT pro tenpore The Chair understood
the motion to be made by the senator from Indiana that
the whose credentials presented should be
| sworn in. The question is on that motion.
Mr. BRIGHT. submitted motion that my colleague
be sworn. ...s -4.-e. 80 -.. 80
Mr. TRUMBULL. object to his being sworn in. sup
pose that raises the question.
Mr. T0OMBS There is but one question now before
the Senate Mr. President and that the sufcency Of
the cedenta Every argument Of the senator from Ii-
nois Mr. TRUMBELL has been behind the credental itself
The to which he alluded and the drift Of his
men5 were another point that is to arise The
of Lanman and others to which he allndes
where appeared the face Of the credenia the
party was not entitled to seat have had occasion at
this session to look pretty fully through all the contested
election cases in this body and whenever the credental
on its face is right the member believe universal
rulet there be any exception have found ittakes
his seat All the points which the senator from Illinois has
urged are behind the credentials--
| Mr.. TRUMBULL VIII the senator allow me to inter
rupt him 2
Mr. To0MRS IwaL
| Mr. TRUMBULL do not understand that the creden-
ta in the first case readthat Of Mr. Johns of Delaware
showed at all that there had an intervening session
OF the legislature II was case OF death and unless
there had been an Intervening legislature after the death
which could have supplied the Vacancy the had
the power undoubtedly to I'll it The credentials are
given but that fact does not appear from the report
think an examination viii show it did not appear Ny
point Is that the prIa fae case which admit Is made
4 by the certificate, is overcome by the record
Mr.. TOOMBS. Then viii to that point The
senator that the pa ocis is by the
evidence Thai what ii amounts he says that be
presents sufficient evidence Then we are to take true
the parte statement Of side which time has
been done to overrule the pra The
tor show since the foundation Of the Anner
rar hazb boo11 uufa