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

they shall be heard. 1t seems to be assumed
that the matter is decided. Well, sir, | suppos
that assumption would prevent hearing in an.
case but that is the very question in contro
versy. According to the report of the majority
of the committee, the question in controversy Is
whether it has been decided. The State OF In
diana says it has not been decided Ler senators
elected say il has not been decided minority
| of the members of the Committee on the judi
| ciarv saw IL has not been decided but the ma
iority say it has been decided and therefore they
! will not hear; they will hear no argument upon
that question. Why, sir, that is begging the
| whole question. 1t will be very difficult for any
man to ascertain in this case what has been de-
cided. The extraordinary spectacle was pre-
sented here at the last session of Congress, o.
admitting to their seats two gentlemen, as Sen
ators from one of the States of this Union, with
out any report from the committee upon which
the action of the Senate was based, giving them
their seats. No reasons were given for coming
| to such a conclusion.
The majority of the committee contented them
selves by simply reporting resolution declaring
| the gentlemen entitled to seats, without giving
any reasons for arriving at that conclusion. The
majority of the Committee on the Judiciary, who
have now presented this report, do not pretend
that the decision made last year was right. They
place it upon no such ground. The honorable
chairman of the committee who presents the re-
port will not rise in his place and say the decis-
! ion was right; but a decision made without a
reason is not to be interposed as an obstacle TO
! overturning what believe to have been an I'M
constitutional decision. Senators were admitted
to their seats year ago, in violation of the
Constitution, illegally, and that not controverted
by the report of the committee; and we cannot
reach il and correct the wrong Shelter is to be
taken behind this impregnable wall of res d9Ju-
dtcata. Why, sir, what has been decided The
State of Indiana, it is said has insulted the
Senate of the United States, has undertaken to
revise decision of the Senate. Will it be said
that the State of Indiana is not asserting her
constitutional right2 II is all she seeks to do !;
| and is she to be treated as having insuted the
! Senate of the United States, when she claims
| and asserts her constitutional rights, and asks
| nothing more2
Mr.. PUGH. Who made any such statement?
Mr.. TRUMBULL. The report, to which the
Senator from Ohio is party, does not say the
sitting members were legally admitted. 1t places
the whole case upon the ground that resolu-
ton of the Senate, adopted at a former session,
awarded them seats.
Mr.. PUGH. should take that to be legal
admission.
Mr.. TRUMBULL. Yes, sir; and it would
make the Senate of the United States the con-
stituents of the sitting Senators, and not the
sovereign State of Indiana. Do you place it
upon that ground You refuse to open the
case; you refuse to hear the State of Indiana
you refuse to hear her Senators whom she has
sent here; and upon what ground2 Because
the Senate of the United States has adopted a
resolution; not because it is right. If this COM
mittee had reported that the former decision was
correct that there was no reason for re-examining
it, that the case had been decided rightfully,
and the Senate refused further to investigate it,
that would be one thing but that is not pre-
tended. The Senator from Delaware will not
rise in his place, and say that the former decis-
ion was right; but a decision having been OBJ
tanned, right or wrong, and, as the Senator from
Vermont well remarked, no matter even if it
were upon forged papers, the fact that the decis
ion is made is an insurmountabe obstacle in the
way of the assertion of her constitutional rights
by one of the sovereign States of the Union.
Now, sir, we deny that this case has been de-
cided. made the objection last year, that no
reasons were given for the conclusion at which
the committee had arrived. If there had been,
we could have seen the ground on which the de-
cision was made, and could determine at glance
whether anything new was now introduced into
the case. But the main reason which was given
in argument by Senators for allowing the sitting
Senators to hold their seats at that time, has
vanished now. What was the reason, so elo-
quently dwelt upon by the Senator from Georgia,
[Mr. TooMBs, and the Senator from Louisiana,
Mr.. BENJAMIN n Let us see if that reason eX-
lists now. The Senator from Louisiana said:
The State of Indiana has sent as no contest of The rght Of
her Senator'S is floor No her public bodies either
executive, legislative, judicial has asked inquire
into the fact of their election Certain the state have
asked us to investigate il, and ought to investigate
when complaint made by men who themselves here
with clean hands and pure hs but when they here
alter having themselves been guilty Of the very violence
and the very fraud which produded the irregularities Of
which they complain for one that know Of no rule
OF justice of provision OF law, that cOmpes give
to their complaints and, for one, am willing IT,
Congressional GIot Thirty fh Cong First sess page 293O
He was not willing to hear last year Why?
Because the Legislature of Indiana had not COM
planned. He would not give ear to those who
protested then. Why? Because their lips were
polluted. He will not hear now, because be de-
cided last year that he would not hear then.
That is the reason-6rst do a wrong, and then
take shelter behind it, so not afterwards to be
right. This was the reason why the sitting Sen
atOrs were admitted to their seats--the only SUBJ
stantial reason there was. it was alleged as a
reason by the Senator from Louisiana at the
time, and by the Senator from Georgia with still
greater warmth. The Senator from Georgia
said:
We have the highest evidence of the legislative depar
Of Indiana but asked 20 behind that Where
shall we go? To faction? will speak oil them /
think Of them have denouced them when they were with
spare my opponents the deep Indignation which feel
for the trat0rOus OF their Oaths and
ul NV country say Will spare NV opponents though
did spare my friends a like Who comes
herey Is there contestant None Is Indiana here, pro-
testing against this election, through her executive ega
tive judicial departments? Not all these gentlemen
speak for her Not OF her departments their
authority. Who the thai dor They tratorOus,
That was the reason why he would not hear
then. He said, further:
part the members Of the Leg ature come here and
say We did not participate in the election the Constitution
gives the power TO elect to the Legislature; part
the Legislature, and had nothing with H. because
be represented the Senate of the United We
been without one Senator two wears and should be without
another Tor two years, unless election made
this time you honorable Senator's of the United
States representatives Of sovereign States help perpe-
this mquityi 1t would hard with me could
lind place cheat such scoudrcs and defeat
schemes. would lay my hand the law long it
stood by me- and then do know whether should
be provoked 10 stand principles eternal justice before
could submit to IL 1t is not right would not submit
| / care not Who did it,
| There is the priGciple upon which the sitting
| Senators were admitted to their seats last ses-
| sion, because there were scOundrels who objected
to their being admitted. Sir, the Constitution of
the United States tells US who shall elect Sena-
tors 1t says, in so many words, that each State
| shall be entitled TO two Senators, to be chosen
| by the Legislature thereof" The State of Indi-
ana declares that her Legislature shall consist of
| two Houses Senate and a House of Repre-
| sentatves. The sitting Senators from that State
came here elected by the House of Representa-
| tives alone, against the solemn protest of the
| Senate of Indiana. A faction in the Senate less
than half its members unanimously rregularly,
and disorderly, left the body, and united with
| certain members less than a quorum, of the
| House of Representatives., and made the election.
| They were the faction. The Senate as an organ
lied body, quorum being present, resolved that
they would have nothing to do with any such
pretended election. That body passed a solemn
| resolution, in organized Senate, by vote OF
twenty-seven to twenty, repudiating the whole
concern. They did il in sdvance, before the day
when the sitting Senators were elected. 1t was