The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-04-07

!. -OrlLy
IL inow tberelis a pretence that the members in
,ndiana assembled legally and what is it? The
retence is that the Constitution of the State OF
adiana requires the Speaker to open and publish
,e votes for Governor, in the presence of both
ouses of the General Assembly. That was done
ttrly in January. The returns for Governor of
,diana were sent to the Speaker of the House OF
representatives., who, early in January, opened
7. EN-, and declared the result; and his having
Ssne so affords satisfactory reason to the Sem
nor from Ohio for joint meeting of less than a
9 forum of either House, and less than half the
pembers of the Senate, some time in February,
y defiance of a resolution of the Senate to make
United States Senators.
But, says the Senator from Ohio each House
Congress, by the Constitution, is made the
dge of the qualifications, elections, and returns,
its members, and the Senate have decided this
lestion. Why sir, what sort of power is it that
conferred on the Senate to decide to the cleo
.ons, qualifications, and returns, of its members?
= it plenary authority? Can it make such de-
tsion as it pleases2 Can it decide that, as
qualification, man must be fifty years of age,
when the Constitution of the United States re-
qHires him to be but thirty Not at ALL Can it
.ecide that an election has been held when none
4 IS been held? Can the Senate of the United
< ates make an election of members? 1t can
nply decide upon the regularity irregularity,
g W oSSNiIoth TIC ldStSj W sec WuOIuCA pCiSOh
ZINES up to the qualification prescribed. The
I ,nate can inquire if gentleman sent here is
ilrty years OF age but it cannot elect him a
enator if he is but twenty mine. Such an act
n.ould be utterly void. Where there has been
a, election, the Senate has no jurisdiction.
~ iere has never been an election of Senators in
i. DIANA for the present terms, until the present
Legislature made it, few weeks since. The
b ,dy authorized to elect Senators had never I'M
$40 ban, to oil fhan Thara
t found a decision upon there was no jurisdic-
I IN ID the Senate to decide, at the time it gave
STATS to the sitting Senators. A court might as
" III undertake to decide a case of which it had
a. Jurisdiction, either of the subject-matter or of
TIE parties, as for the Senate to make a decision
al its last session, that should be binding upon
the State Of Indiana, and upon the gentlemen who
pc9sent their claims here at this time.
But the Senator from Ohio finding the decis-
ia Of the House of Representatives in his way,
IL the case of Claiborne and Gholson, from Mis-
sissippi, seeks to remove that out of the way be-
CT use the constituencies ofmembers of the House
OF Representatives different from the constitu-
ei cies of Senator's Does that alter the principle
al al? He goes on to say that the members of
tie House of Representatives are elected by a
p pular vote and it is sometimes difficult to as
c tain how the popular vote is Has that any
t. ng TO do with the question of res adJudicdtd on
" ich he is relying to shield himself in this case
at to protect decision made by the Senate at
it last session. Well, sir, the House of Repre-
sef.tatives did not put their decision on any such
mt as that. He tells us that the House did not
re erse its former decision. | tell you it did re-
VT Sc its decision and for the satisfaction of that
Sc ,atOr, will refer him to the document which
sh Ts that fact. In the sixth volume of the Con-
gr SionaL Globe, at page $50, find in the pro-
ceS Sings of the Twenty-ffth Congress
tSSr. BELL modified his amendment as follows:
Strlke out all after the word ResOlced and insert
the resolution of this House. the Sd of October last
do aTng that Samuel j. GhOlson and John H. Claiborne
duly elected members Of the Twenty fifth Congress
nded and that MeSSrs. GhOlson and Claiborne not
dg elected members Of the Twenty fifth Congress-"
That resolution was adopted, by q vote of ll9.
yeas to III nays as an amendment to the then
pending resolution which was, that Messrs Prem
tios and Word were not entitled to seats. This
W, 3 adopted amendment, and subsequently,
vas concurred in by the House of Representa-
tisya by a decided vote. The case from Missis-
sifp, so far as relates to the binding force Of a
forJer decision, cannot be distinguished from the
present one. That the Senate may have dis
Ii act statement of what the case in Mississippi
was, will read from the argument of Mr.. Bron-
soss of New York, upon that subject, where he
states in very few words, precisely what the case
was; and he advances the same doctrine which
Il Senator from Ohio and the Senator from Del
aware now insist upon, though he was not quite
Sc tonfdent as the Senator from Delaware is
He vas willing to hear and to discuss the ques-
ton Here is what he said
solemn judicial decision was never made by this
House"
That is then, the decision made at previous
session, declaring Gholson and Claiborne duly
elected members of the Twenty fifth Congress
He then goes with the case
Al the very commencement of she extra session evon
be ore the members sworn, objection made to
tbs Tght Of the sitting members to this House At
u erhest practicable moment the matter referred
Ii Committee Of Elections, who directed inquire
re rt as 10 their credentials and ,cher they members
q :s H1e7atyJJh Congress, or not
1hc committee examined into the matter, and reported
on Bic 18Th September, that they duly elected
bees 81 the Twenty nth Congress- and, such, emit
htj their seats This resolution fully debated for
n.ay days both sdes of the question: and after
de- Iteration and full discussion the House adopted the
lutlF, on the Sd October, by vote of lis 10 lOl.
Tns resolution declares the fact that Messrs Claiborne
af Ghoson are duly elected members of the Twenty fifth
Cpes and lis adoption judicial decision of this House,
Wien the highest and only tribunal for the settlement of
sgaa matters"
wish to put that to the Senator from Della
w>le. Judge Bronson, although he argued and
in listed upon the former decision as a settled
oee, says
tlf doubted the proprcty of that decision
-a feel very unwilling TO shield under the plea OF
o. ddjUdiodtd.'"
ask the Senator from Delaware if he does not
doubt the correctness and the propriety of the
former decision of this body in awarding seats to
the sitting Senators / ask him if he does not
deem it unconstitutional, and is he willing to
shield himself under the plea of res ddudicata to
uphold an unconstitutional decision of this body2
| inquire whether, in his opinion, the former de-
cisiOn constitutional or unconstitutional
The "solemn decision" as Judge Bronson called
it, in the Mississippi case, was afterwards re-
versed in the House of Representatives by a
resolution declaring in so many words that it
should be rescinded that Gholson and Claiborne
were not elected members of the Twentv-ffth
Congress; and in looking over the yeas and NAYS
upon that vote, find here in the Senate several
gentlemen who were then members of the House
of Representatives, and who voted to rescind
that resolution. Both the Senators from Virginia
then occupied seats in the other end of the Capt..
toll, and both voted TO rescind that solemn de-
cision. The Senator from Maryland Mr. PEARcE1
also was member Of the House, and voted to
rescind that solemn decision. The Senator from
Tennessee Mr.. BELL was a member of the
House, and voted to rescind that decision.
These gentlemen not only thought the matter
open to discussion, but, upon their constitutional
Oaths and duties, sOlemnly voted to rescind and
annnl a former decision, and to turn Claiborne
and GhOlson out of Congress, after they had been
admitted by solemn decision of the House. on
investigation and examination. appeal to them;
ask the Senators from Virginia and from Mary
land and from Tennessee, will you now refuse to
hear this case Win you refuse to have it ex-
amined, when you gave a decision of this kind in
former case, acting, as you now are under the
obligation of an oath, and, as the Senator from
Ohio insists, in a judicial capacity?
So, sir, this is no new question:; but the cases
OF Gholson and Claiborne, and OF the sitting
Senators from Indiana, are precisely analogous
NO man can draw distinction so far as the
question of res d6udicata is concerned except the
Senator from Ohio. He makes the distinction
and 1t is this: that the same men do not elect
REPRESENTATIVES, that alact Sonnto--. and tha-o