The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-04-07
INDIANA SENATORIAL CONTEST.
Senators Collamer, Trumbull, Seward,
Hale, Fesserden, and Harlan.
STRETCHES OF
In the Senate Of the United states, February a. 1883

Hale, keSSeE0en, anu darlan.
In the Senate Of the United states February H. 1859
Mr. COLLAMER It is, Mr.. President, with
me, especially at this stage OF the session, an
unpleasant task to trouble the Senate by occu-
pying any time, for | hardly expect to obtain
much attention in relation to this topic. have
desired that the Legislature of the State OF lndi-
ana might have an opportunity of being heard
through the men whom they have sent. here to
represent them. | desired that they should be
heard through their own agents through their
own organs, and heard upon the very question
which the Senator from Delaware seems to sup
pose has been decided by decision which is res
adjudicata, and as | understand him, incapable
of revision; or, if capable of revision, possessing
such infallibility that the Senate will not permit
ANYBODY TO be heard about it, lnasmuch as the
course taken here now is with evident and
avowed intention to prevent their being heard at
ALL cannot permit the subject to pass by entirely
in silence. If the State of Indiana cannot be
heard by her proper organs, suppose she must
be heard, if at all, by improper ones.
/ was one of the minority of the Judiciary
Committee who concurred in the minority report
presenting our views I do not ask the Senate
20 take up time by readiag that report, although
1t embodies brief of the argument of these gen.
tlemen in support of their right. do not ask
the Senate now to listen indirectly, by the read
ing of that report to an argument which they do
not choose TO hear directly; but | must be per-
mitted TO say a word or two.
cannot regard it true that decision made
by either House of Congress in relation to
members right to a seat is conclusive The
power of the Senate TO Judge of the elections
and qualifications of its members is not exhaust
ed by once resolving upon the subject. 1t is an
abiding and continuing power. | DO not hold
that an election, in itself unlawful can be made
lawful by resolution Of the Senate. The Sem
ate does not, by resolution, make an election
1t merely expresses an opinion upon the legality
of an election; but the power to Judge still re-
mains in way exhausted. Snch "A continuing
power is absolutely necessary TO us. Suppose
il were suggested to US that member sitting
here had once, if you please, obtained a resolu-
1iOn IN his favor by set of forged, simulated
and fraudulent papers, by which we had been i'm
posed upon must not the Senate have the power
TO revise its decision Most unquestonably. !
do not present that as a case parallel to this |
merely cite it for the purpose of showing the alb
solute necessity of the existence and continuance
of the power of revision.
The first question that arises is, has the Sen
ate the power of revision or re-examination Of
ats decisions On that DO not choose to take
up any more time In the next place, what is
the proper occasion on which they will put in
exercise this power? When will they do it?
take i, whenever they are addressed respectfully
by a body of people who have the right to be
represented in the Senate, and asked to
make a REORGANIZATION, they should do it and
If that body, who had the right to elect consid-
ering that there has been election, make one,
and send it here TO be examined into, contend
ing that the former election was illegal and the
present legal, it is the duty of the Senate to ex-
anime it canddy and fairly. If they do not
find any different presentation of facts, they may
affirm their former decision. If they find a man.
ifest difference, or if they find on examination
that they themselves have been mistaken-mis-
taken as TO a matter of fact, as to a matter of
law, on the consequence of what took place.
take it they will correct that mistake and they
ought to have the eandor to correct it. They at
least ought not, / think, Ia assume the ground
that they have made an inialible decision, and
that they are unwilling to correct it, and unwill-
ing even 10 hear the subject argued. The claim
of infallibiiity does not become any human be-
5ng. We are all fallible creatures
Nor, sir is the preseat case at all without
precedent cannot but regard the precedent
which was cited here before, OF the Mississippi
members OF the House of Representatives. as per-
fectly in point this subject. On that occa-
sion, Messrs. Claiborne and Gholson were elect
ed, at a special election, members of the House
of Representatives for the Twenty-ffth Congress
there being special session. When the session
came their rights TO seats were objected to
ground taken was, that the Governor had &c
power TO call special election for the purpose Of
of electincr members to n called session of Con-
syress: that meinbers could only be elected at 8
regular legal eiecfiOn. On examination, how
ever, the committee reported that those members
thus chosen by the people Eere elected TO, and
were entitled 10 seats as mspbeEs Of the TWEEN.
ty-ifth COngress-the whole Congress They
took their seats members of the Congress
This was in September. in November after
wards, came the regular election of the State
and the people elected two different men, Mr.
Word and Mr.. PrentiSs. They came to the othe
House with their credentials, and claimed thei
seats The subject was taken up, re-examined
argued at great length and the House revised
its former decision, and rescinded the first reso
lutiou. This was done by the very House o
REPRESENTATIVES, which had decided, by a resolu
ton placed upon record, the question of thu
election of these members. There was no new
fact involved in the second decision, There haC
been a new election in the mean time, in despite
as gentlemen here would say In contempt of tn
decision of the House; but the people made tn
election, and sent different persons here. Oh
that occasion the House of Representatives di'
not refuse to examine into the subject. 1t wa
insisted that no new matter could be shown il
relation TO the right of Messrs. Gholson an
Claiborne to their seats but still the House re
examined the subject and rescinded the forme
resolution entirely. And why because the
found they had been mistaken In relation to tn
legal consequences and effects of the election
They had decided them 20 be entitled to tn
seats as members of the TweEty-ffth Congress
when they were not entitled to them; The re
suit was, that the election was sent back 70 ID
people again; but of that part of the case hav
nothing now to say, for it is not Involved here.
Now, Mr.. President, the question is, have tn
Senate the right and power, and is 1t their duty
when respectfully applied TO, to re-examine thei
decision in relation TO the seats of Senators2
think they have tie power. think they shoult
perform il. Whether, when the examination ha
been made, and the State CT Indiana has beer
heard in relation TO that point, the Senate viii
reafirm their former decision, it is not now TO
me to say. All ask is, that the subject may b.
fairly and candidly examined.
Mr.. TRUMBULL. Mr.. President, it seems Il
he determined 10 force debate on this question
without allowing The Senators elected from In
diana to be heard or even an opportunity to tn