Wabash express. [volume] (Terre-Haute, Vigo Co[unty], Ind.) 1841-186?, 1858-11-17


mond for Lieut. Governor-but who did de
elart the adjournment Of his own accord when.
by The Constitution. the Lieut.. Cover. or. who
was present. was the President Of the Senate.
Aud there were other frauds equally palPable
and other revolutionary measure. adopted
equally violative OF The Constitution aud laws
OF the State.
This being 40. il 1. the duty Of the Senate
OF the United States to review the decision 10
which il has come. That decision wa e
psris. The protest before the Senate wss net
the act Of the Legislature Of the State: a was
merely The act Of the citizens Of the State.
who were members Of The Legislature. To
this the sosersigafy Of the State was not par
~ Aud IL cannot be unless the Legi.ia
turc shall Interfere and make II 30. United
States Senators represent the sovereignty OF
the States in Congress. and the Legislature
represents il a. home. Hence. the Senate can
not recognize a contest With Senator by any
power less than Legislature. But II : L.
gi-lsture Of STATE shall declare that Ssna-
tor has not been siecfsi-that his claim 10 be
Senator Wa. lrssdaisnf-lhat the record which
represented him - be 20. wss fslss-that by
the proceedings under which he set up his
elsim. the constitution. laws and usages of the
State were siolaied-it J. not possible that
he Ssnste 81 the United States would be 80
inseusibl, 10 what Is due 10 the dignity II The
States TO disregard it. Aud il all this or
any one Of these allegations could be ms'"'
iained. il Is not possible that they would hes-
ns.e in turning out Of the Senate any member
thus elected.
Fortunately we sre no. without precsden, in
his matter. and II may remov. soins doubts
from other minds to refer 10 il. /. meets the
case precisely.
In January 1893 The Legislature Of Rhode
Senate OF the United States. for six years from
the 4th Of March, 1893 His credentials were
made out in due form. and being presented to
the Senate he asked to be sworn as Senator.
la oetobar 1893 the Legislature Of Rhode Is
land declared this election rold. on The ground
that. the body el.eting him had no legal exs
teuce. This last body then elected lion Hi
.ha Z Potter Senator for the same term and
he also asked the Senate 10 admit him as Sen
ator. This raised precisely the same question
that would be raised IN the case Of Bright and
Fitch, IL the same Course should be taken by
our Legislaiure-lha, il. to declare their elsc
ton uo.d and elect two Senators in their pla
ces.
L. - II a. :. as
referred TO 4 select committee Of five Senators,
Of which Mr.. Poindexter of Mississippi was
chairman. Mr. Silas Wright Of New York
Was q member OF IL. and certainly no Democrat
can now object to being tried by any doctrine
laid down by him. majority aud minority
report was made-the former by Mr. Poindsx
ter and the latter by Mr. Wright alone. There
were. howe,cr, some points upon which there
was no division Of opinion. These were. first.
that Senator must be elected by "fhe porer
that mskes lars" aud not by a mere majority
OF the members Of The Legislsture--and sec
ond. that If not 80 elected. and also according
to the existing laws Of the State. 1.-The Senate,
Says the majority report) acting under the
power to Judge of the elections. returns. and
qualifications Of its own members might ad
Judge the com mission Of The person elected roid al
though in all other respects it was legal and
constitutional"
Mr.. Wright entered more fully into the
question, and the following is an extract from
hi. report
1.-The facts in this case show that the Legis
laturc Of the State OF Rhode Island declare. III
the solemn form Of law OF the >tste that Mr.
Robbins has not been elected TO the Senate that
the proceedings from which his commission
proceeded were null and void, and Of no VI
feet" because the body taking them were mol
authorized 10 elect a Senator aud that the
place Was vacant" At the time when this dec
this solemn declaration by body conceded
to be The Legislature Of the State. Mr. Robbins
produces TO the Senate. and there IS referred
TO the committees. a commission IN due form
according TO the laws aud practice OF the Gov
eminent of Rhode Island, to show that Dir
Robbins h as been duly elected a Senator to
represent that State in the Senate OF the Uni
ted States. Will the Senate look behind this
commission to determine whether or not u
vas properly granted The undersigned be
lieves that il i. not only the right but the duff
Of the Senate 10 % 90. The commission il on
I ly the evidence of the election Of senator
and II the Senate were 10 limit It's inquiries t.
the proper form and naturalization Of The
commission. il would only make itself ths
jndge Of the evidence Of an election. not tn,
Judge Of the election itself. The undersig ned
supposes that the evidence OF an cleo .iou TO NJ
Office is. in all cases. prims (seie only. and i.
susceptible Of being controveI1sd and contra
dcted before tribunal competent to Judge O.
the election he therefore sspposes that the
regularity Of the &c igesce Of an election may ID
one thing. and that the ,Ieef.,a may be a yer,
different thing and be concludes that a. Ia.
Senate is eonsututed. not the Judge Of the sv
idenee Of the election Of is mcrabers only
but The judge Of the elections" Of its msm
bers, IL may. and. in all cases Of contested
election. where the contest does not arse a. &
The regularity II the evidence simply, should
look b>Aiad fAe eo,d<see. and isfo tie e.seiisa IL
eel. that IL may determine, what IT. - consti
tated the Judge 70 determine. the scs Of slecfiss
er. in other words. that IL may dsisrmi5,
whether the pr,ns fse,e evidence laid before i
frsd,esios ~ iAs fseis"
| Again. summing up his whole Argument
al he close OF his report he sad