The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-04-14

notice or to respond, and bar a motion, on his
part to set aside Judgment, if made in reason
able time after the legal ability returned, or
acquired, to make an appearance
You directed testimony to be taken in this case,
during the recess of the Indiana Legislature, and
gave notice by publication you made your de-
cision when it was legally incompetent to receive
notice and to act At the first session thereafter,
as soon as she possessed legal ability to notice
your adjudication, she makes her appearance by
memorial and by her Representatives, and moves
for rehearing. What is your response, by your
judicial organ2 "That she is forever barred by
your ex parte adjudication so efectually barred,
that ysu will not entertain motion for rehesr-
ing so effectually barred that you will not suf-
fer her to make the motion, nor hear her on the
question of her right to make the motion! And
this on the ground that your decision was "ju-
dicial in its nature ]"
1t seems to me to be an act of courtesy due to
the claimants, an act Of justice to the State of
Indiana, and duty which the Senate of the
United States owes to itself, as tn: most dgni-
fed and august legislative tribunal of the nation,
to so far reopen this case as to hear the parties
who represent the State in interest. And ar
ray the argument presented by the honorable
Senator from Louisiana "that our votes are too
likely to be controlled by our political opinions"
though introduced by him in different connec-
ton, as a controlling reason for this position.
1t should be grave consideration with the ma
jority, whether they have not prejudged the case
through prejudice. The applicants are your po-
litieal opponents. The case has been referred
to committee composed largely of political OPP
ponents, with whom it is possible that political
dislikes may have given perverted or distorted
coloring to the facts and law of the case. The
| sitting Senators are your political friends. You
have much to lose by displacing them, and ad-
hitting the more recent claimants. 1t may ma
| nE
Senate to make change of four in its political
| complexion. This might especially weigh mate
rally with majority that is rapidly waning
| from other causes. Hence, if you would act
justly, it is due to yourselves that you should ex
tend every opportunity to the claimants to throw
| light on the subject, that your minds may be dis
| abused of any possible party bias against them.
| All these considerations appeal strongly to the
| majority to allow them to be heard on the
| merits of the case, but especially on the ques-
| ton of their right to a rehearing; whether a
| motion for a rehearing, made by the Legisla-
| ture of State, affecting the legitimacy of its
representation this floor, will lie before this
| tribunal whether such motion can be enter
| tanned. If you are sitting a court you GER
| tainly will not dismiss the motion without a
| hearing. A party making this motion in a court
of justice would hardly be spurned from its
| presence unheard. His motion would be enter
| ed his allegations would be heard and if, in
the opinion OF the court, the allegations suf-
fcent issue is joined, and if sustained, the case
| is reopened, and the parties are then heard on
the merits
| In this case, you say you sat as court; from
| your decision there is no appeal. Then the only
| possible mode of correcting error in this
| court is by a review of its own decisions by it
self. If it possesses such power, it is unlike
any court of original Jurisdiction that ever exist
| ed. But if it cannot why not? 1t is not pro-
hibited by any law of Congress; it is not prohib-
tied by the Constitution; by it, plenary power
is conferred to Judge of the qualification, returns,
| and election, of its own members. 1t is not pro-
hibited by public policy; justice to any one OF
| the thirty-three sovereign States may at any
| time demand it and denial is in the nature OF
| reward for temporary success obtained by
| fraud
But, if it is possible for allegations to be made
sufficiently strong to justify rehearing in any
| case, do they exist in this2
The Legislature of Indiana alleges that no cleo
ton to fill vacancies existing two years since has
been held by it, until Messrs. McCarty and Lane
were chosen, few weeks since. Is this suffi-
GENTLY strong2 If true, act of yours could, by
possibility fill these seats with legal incumbents
for the Constitution provides " that each State
shall be entitled to two Senators, to be elected by
the Legislature thereof" If the sitting Senators
| were not elected by the Legislature of Indiana,
are entitled to their seats. This allegation has
been made by the proper party, and it has been
made at the first moment after your decision that
it possessed the legal ability to make its appear
anre at your har. Then why not permit them tn
be- heard? On what principle OF law or equity
or public policy will you exclude the hearing
lcannot exclude sovereign State from hear
ing with such allegations by her Legislature. By
this declaration intend no disrespect to the hon
orable gentlemen from Indiana now occupying
seats on this floor. They both know that none
other than the kindest relations exist between
them and myself; but, as member of this body,
| never will deny State the right to be heard
here by legislative memorial or by her represent
| atives whom she commissions and sends here as
members of this body. Had not these seats been
| preoccupied by gentlemen purporting to repre-
sent Indiana in the Senate, the credentials pre-
scented by Messrs. McCarty and Lane would have
| entitled them to be sworn at once as Senators.
| No doubts it; but with those full credentials
| from sovereign State, backed by memorial of
the Legislature declaring that the incumbents
were never elected by the Legislature of the
State, you propose to deny to them the ordinary
| courtesy which has never before been denied to an
applicant for seat in either branch of Congress
| you propose to deny them the right to be heard,
and also to exclude them from the portals of the
| Senate Chamber. They come with credentials
| as full and complete as any member of this body
ever presented AT your secretary desk, and they
are thrust aside on the poor plea that the Senate
is full, by an act of the Senate itself on the
ground that there are no vacant seats, though
| the Legislature of Indiana alleges that the in
| cumbents were never elected by her act. 1t
seems to me that every principle of magnanimity,
of courtesy, of justice, of duty, and of public
policy, conspires to induce the majority to per-
nit this case to be reviewed, and to allow these
gentlemen to be heard.
LAw-ABIDNG.-The following paragraph from