New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-17

co. 10 ....iop had been declared fral TIeyoesoe
I'd Therefore infalbble. he deried tost tais oo'J
IL rer made sucb q thing, or could ever MAKE sncn
h"u n;g a. fns and mrevocsble decision: Inc
&C. did no. pogsess 30 much wiscom ina, ], was
,mnoss bic for them 20 err Tney sere habfe as r91
once said 10 the British PAriameIt, Waen us' p1ny
nsbt N d,po,sess him Of his sestthey we're liable
90 der the influence of prejutice, OF PASSION, o.
nov,er ay and sometimes even OF corruption. Inc
Senate was not above haman fIailties., Ard 1t was
tie rgh, Of States, be begged 10 reu1rd SeLatofs 70
arrapn this Senate for ts errors II was thsT rght
10 teach this Senate tbs. ia creation OF the states
not a crestor-s servant, and not master, OF the
soveTeisn States OF tbis c)nfedeIacy. Tue osa'es
were rot - be tlenced and stlhed by resou'Gn or
mandate of the Senate. The power by which
complaints are stifed ia the power which makes
revolutions. They might strike but the! m9s' nrst
hear. Not even in desp0tism was il safe To s,riAs
without first according 20 The victim an opportunity 10
be heard He denied the position assumed BY some
Senator'S that the decsion OF the last session wa OF
the nHture of Judgment There could be 10 jafgmsnt
pronounced except by Judicial power; ana, DOT
being clothed with Judicial power by the Consttuticn
the Senate could not therefore, pronounce jung nen,
He argued at some length that the Senate was purely
legislative body and incapable, under the Ccnstitu.
ton, Of sTy acts bot legislative acts lie pro1need
the Senate journals containing The record OF re .oo
ton passed by the Senate in 1871, censlnIng Gen.
jackson for the removal Of the deposits. Three years
afterwsrd he found another resolution, ordering taat
the resolution Of cersure passed by the former BODY
be e1pmges ard then il wss, With deep BLACK mes
drawn around it, and the words "e1puDged oy order
Of tie Ssnase, written across IT, tie expected 70 De
borne down here, but be wished 70 give the Senate
notice that he should follow the example Of the prec5
cent to which he had referred and offer the following
resolution:
Ryes Tia. the resolution adopted by the Senate on the
1h of June 1855 which resolution ia these words 20 wit:
Resovfd That Graham N. Fitch and Jesse Bs1 SENATORS
resumed and adued from The state Of isdisns ne entitled
sep,1s Aforesaid the former until The 4ts Of March, lse
end until the ih 81 March. 1855 aocor5De TO the
NJ
ouos and for that puTpse, the Secretary Of the Sene a.
S S H. the ssEse Of s tie sn ,d I
seDce Of the Senate draw bst hnes ROM the sai res
op write the face thereof IN sroDg tsr the o
lowing words:
IN THE YEAR or OUR LORD EiGhTETs HUsDRs AND"
And every succeeding sessioD, 80 long "a be should
remain here he would call for the passage OF this rt
luton and when the time should come Tor him TO
leave that chamber, he doabted not that ne would
leave behind him member VINO would persist IN
pressing this resolution, until the period which Was
not far dtaut-should when this final, irTevocs-
bic and nfalfbe resolution, as IT was nov proclaimed
here 10 be, should be Iecentdered, and not Only re-
Mr.. GRrFN saidNe bad acted, on his side of the
chamber as they believed 10 be night, and supposed
the Senator from New York had done the same. He
deprecated these appeals 10 popular passion and preu-
dice. While be was in Government be would submit
70 Government, and when be tired Of Government
he would leave it. He denied that all legislative acts
were Tepealabe. For iDstance the repeal OF the act
conveying vested rights dd not affect the nights con-
yeytd. All legislative power is vested In the two
Houses Of CoplTess and therefore the passing upon
the question of the election Of member by one House
was not legislative act. 1t was special power con-
ferred by the Constitution. IL was unquestlonably
right TO repeal the resolution about Gen jackson and
the depoeits for the Senate bad right 10 pass it
originally; but this subject clearly within the
jurisdiction of Congress, ana an entirely different
mattel
Mr. Hale ssd the difference was Il g same as 10 the
cese Of the bull that gOIed the In the Of the
resolution Of 1884 it was he Whig OK that vas gored
Mr. GREEN inquired on v hich side the Senstor from
New. Hampshire Was then-the gored or the gorer
Mr. Hale said be was then Democrat without
refpect 10 complexion. A man in those days al
lowed to believe that " all men are born free and
equal" without interpolating the word white. y
He looked upon this question Of the grayest that
could be brought before the Senate. u the first
tep toward the perpetu9tOn Of the power of the Sen
ate Independent Ofthe will of the sovereign States. 1t
was the arbitrary will Of the majority bringing men
upon that floor who had no night there. 1t beg
grg the question to assert that there csss at
all. To offset that he would give HE opinion that the
sitting members had no right at ALL The Senate had
committed papable usnrpaton, ano the Legislature
Of diana would be recresnt 10 duty If it had not done
what it has done to vipdcste the sovereignty OF the
State. He believed the rights of the States Were beng
rodden down by the Senate and he hoped the people
would teach them that Senators are servsnta, lot
masters Of the people. In a moment OF fancied omni
potence the Senate had committed ths usurpadon and
now in their fancied nfalhbity they would refuse TO
undo il. The only appeal was to the tribunal of popu
lar opinion, where neither plea OF omnIpotenee nor
iufalhbihty will avail.
MIR. HARIAH moved that the subject be reconmitted
TO the judiciary COMMITTEES with instructions TO To-
qure whether Messrs. Fitch and Bright or Messrs
Lane and Mccarthy or either Of Them have been CON-
stuonaly and legally elected, and report the facts
and the Law bearing the subject TO the Senate, and
that the contestants be SLOWED TO appear when the
report shall be made and argue the question OF their
right TO seats.
IT, - came x,sx, o., G va tbase contrast snts an
opportunity to be heard courtesy which had never
before been enied any contested election He pTo.
eeeded 20 argue that the contestants were legally
elected, and that the case now presented was differ
ent ore from that presented a. the last session.
Mr.. PUGE referred 10 the Rhode lslsnd case, when
one Legislature undertook TO snnul election by the
preceding Ia gssture, but was not sustained by the
Senate lie wac ready to meet the SNator from New.
Hampshire when he SHOULD appeal to tue people. lie
had not by his votes made these contested elections
party questions and would refer TO show that fact to
his vote IN the case OF the Iowa contest.
Mr.. FEssENDES defended his action in the Iowa
and showed the distinction between that case and
this. In the Of Iowa there legislative action;
in the case Of Ineians there was none. The Demo-
cratic Sensors had distinctly repudlated in this
the principle they sought TO establish in the ether.
He argued th6t the fact there power which
could revise their decision ought 10 induce them 20
wise their own decision, and cOntended that the sitting
members had no more constitutional night 10 their
seats than any other two men who might spply TOR
them
Mr.. BENJAMIN inside q weak attempt TO defend the
consituiionaty of the election of the Senator'S from
indiana, and charged the Republican SET s.ors with
being influenced by partisan motives.
Mr.. FESsENDEN rejoined in a clear and statesman
ike exposition OF the facts, showing that Mr.. Benja
mir's declarations not only unlawyerlike, bat
that they were not true.
Mr. SEWARD said he did not propose TO assai the
votes of other Senators 70 defend his votes;
tie record would speak upon that point. lie was not
disposed TO leave this subject TO the lawyers of any
party; they had had too much Of lawyers already,
and he hao no confidence in them whatever. Lawyers
are alxAns Aisnnsnd 10 favor The CONCENTRATION NJ