New-York tribune., 1876-01-26
THE MEMORIAL.


| To the Honorable the Senate OF the Untted States:
The memorial of the General Assembly Of
the state OF Alabama respectfully invites the attention
| of your honorable boy 10 the condition IN which tho
State OF Alabama stands In is representation upon tho
| floor Of The Senate of the United States.
Your memorias;s. the General Assembly Of Alabama
respectfully represent TO your honorable body that
George Spencer, vino sits OF the majors
from Alabama for the term beginning the 4th day Of
March, 1873, has been elected -ithor by the
concurrent or the joint vote of the Senate and
House Of Representatives which form the Iegis-
lature of the State Of Alabama, and therefore
is not entitled TO hold the seat claimed by him.
Your menoriasts do not question the proprety VI
tue decision Of the Senate in recognizing the right Of Mr.
Spencer TO take the seat Of Senator from Alabama tic
4th day Of March, 1S7 by virtue of the certificate Of
his election which he presented under the hand Of tho
Governor and the great seal OF the State That docu-
ment its face entitled him TO the seat and authorized
him ~ all respects exercise the functions sof Senator
until its validity successfully questioned. While
your memcralistS do not question tie decision OF your
honorable body in seating Mr. Spencer, the State has
cOnceG al hs election his right represent II In
the Senate; and sense Of duty they owed TO tho
people of the State the last Genera Assembly OF Ala
ba, the session Of 1919. the Senate and House Of
Representatives adopted the following resolutions:
Whereas IN the opinion OF the General Assembly Of
Alabama, Hon. George 4. Spencer does not rightuly
occupy seat in the Senate OF the United states, 40
Senator from Alabama;
Be IL resolred by the House NJ Represnta,us the Senas
eoncurrJ, That lint conmi,t.c, 20 consist of two
and three members 0f tie Ioue OF Representa-
tives appointed yesiate, examine. report to
the Houses of the General Assembly he facts lat
to his alleged election Senator, and the means by
Which such eli ct was procured ana his credentials as
a s. n1tor were obtained
Resored 2, Tht SAID ttee, majority Of them,
may during session OF the General Assembly and
during the recess at any place IA his sac and shal
author to send for persons and apers aud to call
witnesses before tnem tO be examined on oath ana 10
empi clerk TO keep the record aud roceednss VI the
Resoscd g. That said Committee report with all con-
venie speed memorial 10 be ldressed by the Gem
Assembly TO the Senate OF the United states touch
ing the claims of George Il Spencer to seat In thas
body senator from Alabama, and shall report to
the two Houses tie evidence taken under these resolu
tions
In accordance with said resolutions joint committee
appointed by the senate and House OF Represents
lives purpose expressed therein and In the
OF the Legislature proceeded 10 examine Witnesses and
take their depostOns ia writing; which with the repors
OF sand Committee adopted by the General Assembly OF
Alabama, is herewith with this i presented TO
your honor body for It's information, and denial
right against the presumptive evidence offered by
Mr. spencer, the occupied by him. Your memo
raists do ash thai upon any nyests your hon
0rable body may order Of the conduct OF George l..
spencer you will confne said examination 10 the tes-
moDy submitted herewith, Notwithstanding Nj. Spencer
full opportunity 10 crossexamDe said witnesses,
and any testimony in his favor TO explain or
their evidence to be represented IN person or
| by counsel before said investigating committee.
| Your memOralists do, however. respectfully ask
| that your honorable body will examine the To-
port and evidence herewith submitted with this memo
rial The evidence thus taken establishes state facts
that makes necessary that the State of Alabama should
yndcate her right Represented in she senate ofhe
United states by person chosen by body, and in
manner tnat legal, and not by means that DEFY the
laws and by body that was revolutionary and d'urther'
the facts established make it necessary that the state
should viudcate honor against the iputaon OF De-
ns represented in the Senate Of the United States by
peson whose alleged el ction procured by corrupt
practices which are soaudaOus to the dignity OF the
state Upon the presented in said report ana ac'
empanyng evidence, which, In the opinion OF the Cen
eral Assembly, will be strengthened by uither e1-
animation of witnesses and documentary evidence,
your nemoraliss, the General Assembly OF Alabama,
submit most respectfully to your honorable body the fol-
lowing propositions, touching the alleged election OK
George f. Spencer and his fitness to represent the state
OF Alabama In the Senate VI the United states, and
respectfully a.k the consideration thereof, VIZ:
l. The means which he used (whe he was Il Senator OF
the Uut states attempting to secure the election OK
majority Of the Legislature that would support nun for
reflection to the Senate.
. That the body by which George T. Spencer claims 10
have been elected Senate of the United states was
not in fact in law the General Assembly ot Alabama
It the tine OF the election OF George f. Spencer, and
never was. There never quorum III The senate
lat voted for said spencer AMI the records and Journals
Of the General Assembly show that fact The body that
voted for Spencer was organized as party necessity,
and 10 elect Spencer.
3 BY unlawful aud corrupt practices, and by bargains
made by George h. spencer and other persons win LIS
KNOWLEDGE aud approval both before and ut the time of
his alleged electo with mbers OF the body by which
ma claim, to have been elected procured the influence
and votes of members said body for tie office Of Sea-
tor Of the United states.
l.,n "A al time of his alleged
election to the senae OF the United states, the said
G.or f. Spencer corruptly used the influence, power
and patronage his s Office procure influence. as
ssauce aud votes from members of SAID body, by which
he claims to have been reelected 10 the senae oi tie
United states on the 81 day Of December, l>7!.
D. That by like fraudulent and corrupt practices. aud
10 defeat the election Of Senator by the 0tnefai A+
sembly OF Alabama at the time appointed by law, the
said George Spencer and others by his concurrence or
connvance did prevent the attendance OF numbers VI
the General Assembly the Capitol, and did defeat
auorum OF the Houses Of said body.
O. That afterward, when plan had been suggested oy
the Attorney General OF the United States, which was
adopted for til. reorganization Of the General Assembly,
the said George T.. spencer aud others WIN his comm
vance In order 10 deprive Senator OF MS scat III s"u
body 10 which he had been lawfully elected by tho
people and thereby obtain confirmation Oh LIS sau eiec
tou 10 the United States senate frauduenty and cor
,Iv consnir.d 10 ost said from his seat and
did pr.ven, him from occupying the same during moro
than ono entire session Of the General Assembly OF Ala
bama
That said George r. Spencer, while endeavoring to
secure his reelection the Senate, and In order to gcs
money TO accomplish his said purposes, and while he was
Senator Of the United States procured re s)ns who
had been appointed office Of In the United States
Government to the public money In their charge
10 his use and peculations for his advantage
These and other matters which are established by