Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-03-14

then, for grated that under the Consti-
tuition every State that is In the Union
has an indisputable and unquestioned
constitutional right to be represented in
the Senate, and its Senators have the up-
questioned, the constitutional right,
when the Senate forms itself into court
| for the trial OF any impeachment, to be
component parts Of that court Of i'm
parchment That certainly is the OBJ
vious meaning and effect Of the Consti-
tuition. Without it, there is no safety in
the tenure Of office Of the President or
any other high officer Of the Government.
Instead Of holding his office by constitu-
| tional tenure, subject to be impeaehed by
majority Of the House, all the States
being represented according to the APP
portionment of representation among
them, and to be tried by the Senate as q
court Of impeachment with all the States
represented in the Senate, and each
State having two Senators, the whole
would be resolved to come within the
factious power Of a majority Of the two
Houses of Congress. % aar
i presume the proposition which l
make will not be controverted by any
honorable Senator; that every State in
| the Union has the constitutional right to
have two Senators upon the floor OF the
Senate, and the Senators representing
that State have the constitutional right to
form component parts of the court of
impeachment upon the present or any
other occasion for the trial of any officer
Of the Government impeached. II that
principle be conceded, it seems to me
that it is about TO be violated upon the
present occasion. Is Virginia State in
the Union2 In July, 1861, there was an
extra session of Congress called by the
late President. Who appeared in that
Congress as Senators and Representatives.
from the State of Virginia and the State
of Tennessee, and who as Representa-
tives from the State of Louisiana On
the first day ofthe extra session appeared
Andrew johnson as Senator from Ten
nessce. He was permitted to take his
seat. He sat throughout that session as
a member of the Senate representing the
State of Tennessee. At that same ses-
sion who appeared from the State of Vir-
| ginia as Senators, and who as Represen-
tatives 2 My respected and honorable
| friend, Senator Wiley, and the late
Senator from that State, Senator Carlile,
appeared with the credentials of the
State of Virginia as her Senators in Con-
gress. yt 1~f
| The honorable Senator from Delaware
TMr. Bayard] made objection to the ad-
mission of those two gentlemen from the
State of Virginia. That objection was
argued at length by some OF the abisst
members Of the Senate. recollect that
one of his particular objections was that
the signature of the Governor to the
credentials of those Senators was not the
certificate of the true Governor of the
State of Virginia; but that objection
and the suggestion whether Virginia was
a State in the Union were all considered
in the debate,- and passed upon by the
Senate, and the Senate decided by a gem
eral vote, all the Republicans voting in
the affirmative, in favor of the admission
of Senators Carlile and Wiley. They
came to the bar of the Senate, took the
oath to support the Constitution of the
United States, and were admitted as the
representatives Of the State of Virginia
on this floor. My honorable friend
[Mr. Willey] continued a member
at each succeeding session and
served as Senator from Vir-
ginia until West Virginia was erected
into State, when, as he resided within
the boun iaries of West Virginia, he re-
signed his seat as Senator from the State
of Virginia, and in his stead was elected
Mr.. Bowden, by what was termed the
Legislature of Virginia. Mr.. Bowden
presented himself and took his seat as the
successor of the Hon. Mr.. Wiley, on the
commission of the Governor of the State
of Virginia, Governor Pierpont, under
the great seal of that State, and the Sen
ate Of the United States admitted him to
his seat, and he continued to hold that
seat until he died, some months after
ward. Mr.. Carlile had been elected to
fill the vacancy occasioned by the expul-
sion of either Mr.. Hunter or Mr.. Mason,
| do not recollect which. He was elected
to fill the residue of the term, nearly five
years and during every session of the
Senate Throughout that period, Mr.. Car
lille appeared regularly, like any other
Senator, was admitted to his seat, en-
joyed all the rights and privileges OF
member of the Senate, equally with
every other member of the body, and
continued to serve until the expiration
of his term. If Mr.. Bowdeu had lived, l
believe his term would not yet have ex-
pired, and he would still be a Senator
from the State of Virginia, associating
with, and being received by all the SEN
ate as Senator from that State.
For two or three different sessions
after the ordinance of secession had been
passed by that State, and while the rebel.
lion was raging, four or five members OF
the House Of Representatives appeared
from the State of Virginia and were ad'
mitted to seats, and believe some were
received at sessions subsequent to the
surrender of Lee and Johnston; but that
is not material. Certainly, for three or
four distinct sessions after the secession
of Virginia, from three to five Represent
atives from the State of Virginia appeared
at the bar of the House of Representatives
and were sworn in as Representatives
from that State, and continued to serve.
At the second session of the Thirty
seventh Congress, beginning in Decem-
Der, 1861, q gentleman whose name L
cannot now remember appeared as
Representative from the State of Ten
nessee. =.
Mr.. Patterson, of Tennessee. Mr..
Maynard was here from Tennessee.
Mr.. Davis. ! am not now referring to
Mr.. Maynard, but to another gentleman
who appeared at the December session
of 1861 with his credentials as recently
elected Representative from the State of
Tennessee,
Mr.. Patterson, Of Tennessee. Mr..
MAYNARD was elected in August, 1861.
Mr.. Davis I am referring to small
man. who was here at the December ses-