Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-03-14
SPEECH OF SENATOR DAVIS.
The IllegaIity of the Present
Congress. fgis

Mr.. Davis-Before the Senate re-
solves itself into Committee of the Whole
| will make motion, with view to
bringing up question in regard to
which am not satisfied that / shall re-
ceive any support in the Senate. How
ever, / will make my proposition.
move to recommit this report back to the
select committee, with special instruc-
tons, which l send to the Chair aud ask
to have read.
The President pro tempore-Thc SEN
ator from Kentucky moves that the re-
port be recommitted to the committee,
With instructions, which will be read.
The Secretary read the proposed in
structions, which we're: rn
THAT the committee report as q sub
stitute for the rules just read the follow
ing: .
"That the Constitution of the United
States having appointed the Senate to be
the court to try all impeachments; and
having provided that the Senate shall be
composed of two Senators from each
State; and the States of Virginia, North
Carolina, South Carolina, Georgia, Ala
bama, Mississippi, Arkansas, Texas,
Louisiana and Florida having each
chosen two Senators; and those Sena-
tors not having been admitted to their
seats in the Senate, while they continue
to be excluded the Senate cannot be
formed into a constitutional and valid
court Of impeachment for the trial of
articles of impeachment preferred
against Andrew johnson, President Of
the United States"
Mr.. Davis-Mr. President, will say
few words in sup port of the proposition
which / make to refer this report back
with the instructions proposed. do not
know that any Senator whatever takes the
position that the States named in those
instructions are not States of the Union.
| do not pretend to understand the exact
position of many of the Senators in rela-
ton to that proposition; but believe 1t
is conceded generally, if not universally,
that all.those States are, and continued
through the war to be, States of the
Union. Some gentlemen contend that
they are States without governments. If
they are States according to the detni-
ton and meaning Of the Constitution,
they are certainly entitled to representa-
ton in the Senate. When the Senate
resolves itself into court Of impeach-
ment it is the right of every State to have
its full representation in the Senate, and
it is the right of the State and of the
Senators representing each State that
they should form component parts OF the
court Of impeachment. / will illustrate
that proposition by a suppositious case.
There has been sometimes covert and
sometimes a pretty distinct thrc at to ex-
clude nv own State and to exclude her
representation in both Housel of Con-
press; but will take the State of Ohio
or the State of Indiana, and / ask this
question: Has the Senate Of the United
States the power TO deny to the State OF
Ohio or the State of Indiana representa-
ton in the Senate; and, while that State
is denied representation, have the re-
naming Senators the right to resolve
themselves into a court of impeachment
for the trial of the President of the United
States or any other civil of6cer2 Cases
might arise in which the Senators from q
single State or from one or two States
would held strength enough to decide
whether a majority Of two-thirds could
be obtained in favor Of articles of i'm
peachment. :,
II such State case as that should
arise, have the majority Of Congress the
right to exclude State where 1t was
known, or whether it was known or not,
that her Senators would vote in par
ticular way upon the articles Of impeach.
ment of President or any other officer 7
put that question seriously to Sena-
tors / presume that the unanimous an
swsr of the Senators would be that Con-
gress has no such right as to exclude the
Senators and Representatives Of State
that never was in rebellion from seats in
the two Houses, and in that way to con-
troll what will be the Judgment Of the
Senate upon articles Of impeachment
against President II they have that
power il places the government of the
United States in some Of its most es-
ssntial and important features wholly
within the power Of = majority in Con-
gresS - = -.
what is the language Of the Constitu-
toup Each State shall elect two Sena-
tors 10 the United States Senate. What