Saint Paul weekly Minnesotian. [volume] (Saint Paul, Minn.) 1858-1859, 1858-05-22


# there be any fact going to his right to seat
n which you should judicially notice, then YOU
c are bound to decide the question before vsu
C admit him; but if it causes any inauir,
5 which is subject-matter Of proof, and is not
r matter which you can judically notice, then
: he is entitled to his seat under his proper
! credentials, and the inquiry must come sub
f sequcntly. On no other principle can the
action Of the Senate be sustained in case
, from my own State, where q Senator was
5 appointed by the Governor after the State
Legislature had met and adjourned; and the
Senate on objection being made, iudiciallv
noticed the fact that the State Legislature
had been in session, and, of course, that the
, executive power of appointment was gone
) 80 in the case Of Mr. Lanman, of Connecti-
) ticnt, when he presented himself under an
; executive appointment, not for broken
term, but for the whole term, without the
term having been previously filled, the Sen
ate took Judicial knowledge Of the facts, and
refused to admit him to seat. think the
distinction is very apparent one, and when
ever such case arose, L should hold myself
bound to object to the admission.
Mr.. BRIGHT. should like to INQUIRE of
the Senator from Iowa how long he has had
these papers in his possession
Mr. HARLAN. l think the memorial of
the claimants en- these lands was forwarded
perhaps with as much promptitute as the
mails could bring them after their date. |
find the date to be the 4th of January, 1888.
Mr.. BRIGHT. How lorg since the Sena-
tor received them?
Mr.. HARLAN. am unable to state how
long, but have had them in my possession
some days.
Mr.. BRIGHT. Has the Senator from
Iowa informed the Senator from Minnesota of
the receipt of these papers, and of the char
ges contained in them
Mr.. HALE. rise to question of order
| think this catechisng Senators across the
Senate is out Of order.
Mr.. HARLAN. l am willing to answer
the question.
Mr.. HALE. 1 am not.
Mr.. BRIGHT. My object in making the
inquiry was to ascertain whetherit could be
possible that any gentleman holding COM
mission as a Senator on this floor could re-
ceive papers containing charges as grave as
those made in the papers presented against a
brother Senator, and conceal all knowledge
Of the fact from the party charged until
period of time like this. l think such con-
duct unprecedented, supplementary and I'M
senatorial. If the Senator from Iowa was in
possession of those papers, 1 submit to the
consideration Of every Senator whether it was
not proper, whether it was not respectful,
whether it was not due to gentlemen interest
ed, and If he was not acquainted with him,
whether it was not at least due from him to
the friends of the party assailed, that he
should have made known the contents of
those papers, the character of those charges,
that opportunity of explanation might be Civ
en-, if it could be, as | doubt not it can and
will be in proper time, and thus have avoided
so unpleasant and may add cruel assault
upon the conduct of a member of this body
at a time. and under circumstances so mort.
flying as the present.
Sir, ! endorse every word that has been
said by the Senator from Michigan, and the
Senator from Mississippi, as to the irIeproach-
able character of the Senator from Minnesota,
and his antecedents alone should have shield
cd him from this blow but he needs no en-
dorsement from any one where lie is known.
His history, as public man and as private
citizen, places him above reproach. | can
well imagine how he must feel, assailed in this
snrreptitious manner without even the priv
lcae Of speaking in his own defence.
1t would have been much more appropriate.
and in much better taste, if the Senator from
Iowa had permitted the Senator from Min
nesota to have been sworn, that he might had
an opportunity Of explaining this NATTER
Mr.. President, know nothing of the duties
OF this transactions: but 1 do know enough
Of the character of the gentlemen whose
conduct is brought in question, to warrant
me in saying that he will, in due time, ex-
plain satisfactory to the country every charge
preferred against him. l set up his exalted
character, as q private citizen and public man.
against the insidiOus assaults that are para
ded here, in the form of affliavits made nv
persons whom even the Senator from Iowa
himself seems to know nothing about, and
who may or may not have an existence. |
only rose, sir, for the purpose of expressing
my surprise at the mode and manner of this
attack and Of saying that, in due time. |
have the fullest faith that these charges will
he met and explained, and that the Senator
from Minnesota will stand indicated before
the country.
Mr.. DAVIS, Of Miss. Whatever NAV
have been the original merits of the case, |
think the side of cruelty is changed. One at:
ter another Senator rises and assas the Sen.
ator from Iowa because he has presented
case here which his constituents made it his
duty to present. AS to whether he should
have done it before the Senator elect was
sworn in or not, is question which | hold
he had right to decide for himself. If he
considered the accusation such as disqualified
him for seat, the Senate being the Judge of
the qualification of it's own members he had
a right to raise that question before the SEN
ator elect was sworn in If he preferred to
present the question in that form, rather than
to ask after lie mad been sworn in that he
should be expelled from the Senate, do not
see what right there is to arraign the Sena-
tor from Iowa for the act. A duty was i'm
posed upon him, and ], for one, cannot sub
scribe TO this general arraignment of the
Senator for the manner in which he has Der
formed it.
The VICE PRESIDENT. 7, is moved
and seconded that the Ho.... Henry NJ. RICE,
one Ct the Senator: from Minnesota. whose
credentials l,;:vo been read, be now sworn in
as T,oinber of the Senate. The question is
upon that motion.
The motion was agreed to and Mr.. RICE
having taken the oath prescribed by law, was
admitted to his scat in the Senate
Mr.. TOOMBS. The Legislature Of the
State of Minnesota, in the joint connection
which elected Senators, passed Il resolution
on the subject of their tenure. 1t is ques-
ton of some trouble and difficulty, and /
move that it be referred to the Committee On
the judiciary.
The VICE PRESIDENT. The Senator
from Georgia moves that certain resolution
of the Legislature of Minnesota be referred to
the Committee on the Judiciary.
Mr.. HALE. Let it be read.
The Secretary read the following paper
, attcsted by the Speaker of the House OF
Representatives ard President of the State
OF Minnesota.
"At regular session of the Legislature of Min
nesota, convened in joint convention in the Hall o
the House Of Representatives, Saturday, the