The national Republican., 1862-01-13
The Contested ssasieriai seat F,oa9

hns CoaeeeteA 9enat0rial Seat Fioo
In SENATE Wedsvdov. Jan. g, 1867. Al
q gsrpotS enter }Ssc a. Sssu.ent 4 . I on iSe
SAs9 9SaIolsry we're III ldsd u1sS sSs aussticc,
elan3.eE foY6 20 thre4 and . ] hsSpen 70 g
tSe Pn'y ofShas oo1ritteS, It is dte
HEFSsrlk. wsSths ,.s,s 81 d. sssssor %
nom New York, wish merely, not by any
msans, Of course, to cast any doubt or question
York; but a. II has been sometimes matter OF
Doubt have heard II doubted here xtlesst-l
whether what takes place In committee Is
proper TO be alluded TO here, wish the opin.
/, bs proper Tor us thus TO state namssiosliy
how our committees are divided on any ques
II. PREslplsG OFFICER, tMr. sHs.x An in
The chair) 1hope the Senator will excuse the
point. The oocupsn, cf !ihs CHAIR, tsmporari.
ly, 70 not familiar with the rules of the Senate.
in the House Of Representatives, I believe, n
10 not within the rules 10 speak of the doings
oo% sns.. 'Ss S ss .Ds
~. MARHl1. AZ there 10 no report Of the
mloorty. "a felt called upon 10 state the views
q that minority on this occasion. I suppose,
4 ths Mtncrtty had made . written report, as
appeared o, the face Of the report itself how
tho comri tee stood. I had no intention OF
violating any rule Of the Senate, or any rule Of
order, with reference 10 this subject. I was
on The question. desire 10 state that was one
Of the minority; and under those circumstances,
that ieel ca led upon TO state the Views of that
minority. III written report had been made
By them, ! should have oontentsd myself by
simply voting on the question.
NJ. FOSTER. Isuppose, Mr. President, that
We can have but one report from a committee;
that minority cannot report TO the Senate.
That has been question me ewhat discussed
here, and believe the decision uniformly has
been that there can be but one report from u
committee. II there Is anything additional.
there may be viewsof other persons; but there
can BE- but one report.
Mr.. HARRIS. Certainly the minority Of the
committee may be allowed In some form TO
dissent from the conclusions Of the majority,
and whether II be called \ report or dissent, ~
question which do not propose to discuss.
nor do deem II worth while to consider 1t.
'ih not care whether the Senator from Con.
repert.
ihe ground on which the minority of the
committee place their conclusion is this II is
provided In the Constitution that no person
holding any office under tbs United States shall
have seat in this body. That Is The only pro
vision in the Constitution applicable 10 this
i question. No person holding any office under
the United States shall have n seat in this body.
II Senator accepts An ONCE after he has be. n
| elected u Senator, that Office beiIg incompati
BILE with his right to seat in this body, he
thereby, ipso fdcto, per SO vacates his seat rs II
| Senator; and II ia only in that way that the
| scat Of the Senator from Kansas can be con
tested or questioned. II is because he has
accepted another Office incompatible with his
seat rs u Senator, incompatible with his Office
a Senator, thereby vacsting his right TO a
scat in this body, that the claimant here can
contest his seat.
Il a .so 80 A. ~
tuition. which is invoked here for the purpose
| Of displacing General Lane and placing In his
| seat Mr.. Stant1n, there are three conditions I:
There must be an office, there must be an ap.
pointment to that office, and there must be an
acceptance Of that appointment. Without at
sll considering the latter two Of these conditions
insist that there WAS no such Office on the
10th Of june as that TO which General Lane Ia
alleged to have been appointed, and which, I,
10 alleged, he accepted. On the Sd of May, the
President issued his proclamation calling for
sevonty-fve thousand Of the militia of the
country TO defend the capital. They we're Ia
be apportioned among the States. On the 10th
Of June, the President made the appointment
In question, In which he appoints General Lane
j.brisadier general In the volunteer force to be
| raised under the proclamation Ofthe Sd Of May
That 10 the form Of the appointment. Hislet,e'
Of appointment 30 expresses II: Brigadier
under the proclamation ofths I'd Of May" Now
! insist that that WAS no appointment to any
Office. An cfiioe confers upon man right, i
title which may be enforced, which may be
defended, for which he may sue to recover the
Office, and 70 recover which he may expel al
intruder. There WIS no such office. 1t was Y
! | thing entirely In anticipation of the act o.
Congress; the ONCE could only be created b.
act Of Congress-; an Office under the United
States /" is the language of the Constitution
There was no such once as brigadisr genera
| Of the volunteer force 10 be raised under thu
proclamation of the I'd of May; and II this re
bellion had subsidized. II 1t had ceased to exis
before the assembling Of Congress IN July. o
II Congress had not seen At to pass the act O
, July %, by which the President WAS author
! lied to appoint brigadier generals Ct volun
b teers, there never would have been such Al
=, once.
3 man holding Nm office de fdcto. understan
is when the ofios exists. The ofios must ex
ist before . man can hold an Office de tacto
: The cases to which he referred are cases wher
there was an ONCE. but where the man wa
;. not legally entitled to the Office where he as
A sumed 10 offiGiate In the office. Here WAS
case where the President assumed the power
r and II WAS perfectly understood by the Who'll
ONCE xhioh did not exist and could only sxis
| by act Of Congress. Whether or no such u
Office should ever exist, depended entirely o
the vOlittOn Of Congress, and not Of the Pres
! dent. Under these circumstances, Geners
I'll Douo haNtbS oooh "ppoiutOuB vi tuV t"o'
tieth OF June, to an Ofice which did nc
exist-brigadier general of the forces to b
raised under the proclamation of the Sd May
. Mr.. Stanton WAS appointed by the Governor &
: Kansas on the sth Of July, before tho act {
Congress was passed creating this Office of bril-
4 adler general Of volunteers. The Governor {
= Kansas had no authority 70 make such an Al
n nointment; there WAS no vacancy for him l
all.
This is ALL desire to say on the subject. 7
mo II 10 4 question of the most entire indifle
ence which of these gentlemen holds the sea
Either Ia abundantly competent. Either
!. werthy Of the place. 1t is a mere naked que,
ton Of law, and in my judgment 1t is y very clea
!. case. ] put my vote entirely on the groun
n that there was no Office TO which General Ian
was appointed on the Goth of June; that, ther
:. being no office, then the Governor of Kansi
u had no authority to appoint Mr.. Stanton on u
:. 9Th Of July. II was only by the act Of the q
a Of July that the tfiGe WAS created, and befOI
that act was passed, General Lane had mo-
emphatioRlly repudiated the appointment. u
der these circumstances, l cannot vote that
was then y person holding IN office und6r III