The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-05
NUMBER Is.

may have 20 settle doubtful question arising
under the Constitution aud laws of ibid United
S;yt,s. of the State thai SEEKS representa-
non. In such case the Senate Is the Judge OF
the election. That i. II must determine ami
decide upon every fact pres utei and every
question OF eoustitutial or statutory law that
may arise, la discharging this dU.y the sen
ate l. court, as every jurisdiction. civil.
( criminal or ecclesiastical. IS court It Is n
court in the sense that the Legislature of Mas
sachuset;s Is THE general court. or that the
general assembly Of the Presbyterian church
Is court
Although it judges or decides, and in the
sense described i c0urt, It's proceedings are
not Judicial, nor Is il can he "a iudIcla body
II i q legislative boiy with inherent a well
as constitutional authority To 3ulgr or decide
who shall be admitted 10 take par. IS It's delib-
/ erarious and share it, sponsibi ltties. Ia eN-
erclsing this function Il may b. called uvou g.
{ consider the citations OF STATE 60 ha Federal
Cover nmenf, u inquire into and decide upon
the T ght o. TIE people 81 State 40 settle their
own government. oy Uluu the ecGlariIY of the
acts AMI proceedings oi ii Stale legislature q.
but these questions at last concern only the
b ldy-politIe; they relate to government. 20
the constitution OF the Senate legislative
body, and to the lawfulness of representation.
The duty TO he performed, in the broadcast as
in the strictest sense Is political.
Upon what theory of government or what
construction OF the Constitution, then, can il
be affirmed that in deciding upon a quest lion
like the one before TINS becomes i Judicial
body, or the proceeding Judicial proceeding
( The Constitution has not SO declared. Indeed
il has pressly committed to other tribunals
all the Judicial power OF the United States,
/ with the exception OF the trial of officers im-
peached by the House of Representatives
Whence comes, then, the assumption of Judi
cial power, with its cOncomltants of judicial
methods, maNlms, and rules Certainly not
from the Cons iitutiuu. VIII any one here I'M
dertake to point out the section or clause that
iustifes it,
Has the assumption sny foundation i'm rea-
son Let us not DE misled by confusion OF
terms Judicial power and Judicial methods
are one thing The duty OF every tribunal to
decide fairly, justly, honestly every question
that may be brought before il is quite al Ter
ent thing. The Senate rests under the highest
obligation TO society as do the courts 10 uphold
and maintain in all their purity the Constitu-
ton and laws. the right OF the Federal Gov.
crnment and OF the States. No Senator can
escape The performance of the duty this ohli-
CATION imposes 1t binds his conscience and
/ compels recognition. But does the tudeavor
TO perform this duty change that whicl Is a
legislative body into = judicial tribunal and
impose upon il the forms and methods. the
B rules of procedure and maxims OF the latter
/ Is Senator himself trans formed.into "A Judge
/ because he may be called upon TO decide "A
| question of la and attempt to decide il with
judicial impartiality2
! No Mr.. President, the claim cannot be
maintained. Ii has no warrant in the Consti- Z
tuition This il Il legislative body, not judi I.
cial tribunals its functions are political and
/ only political. As leg slatiye body il F
may adopt rules gifts own TO regulate it's pro-
| cedure, and facilitate the transaction of its /.
! business But such rules are seli-imposcd I
/ they cannot be imposed by others they must
! be OF a kind recommended by inherct proprie- .
| Nv and just regard to the object to be reach F
ed. They must help, not hinder, the attain .
ment Of justice and compliance with every
/ constituts onal obligation.
Nor is there any reason why this rule of Tes
adjudicata shall DO transplunted from another
| forum and made to take root here.
Natural justice makes no demand for its .
adoption. That requires Justice t. be done +
! the uelaV rRneateI lItiQatiuu IL
seeks to reach the real merits at every con-
troversy, and with stern resolve redress every f
wrong. But inasmuch human reason is /
imperfect the testimony on which il relies is T
often misleading, and its methods of iuvesti- .
cation are detectlye, and AZ in the lapse OF 4
time the memory of facts becomes obscurcd, +
courts Of judicature in the ordinary course "
of their business for the good of society, ~ .
well as their own protection, adopted the +
maxim qusted and formulated 1t into an ordi- /
nance of administration.
Experience however. soon demonstrated .
that injustice and wrong were often the result F
of the application of the rule, and the courts f
without a abandoning the rule itself were com
PEELED to invent methods of relief, and the \
Legislature has given them willing assis- f
lance. Hence we have in courts of law re /
| trials and writs of error, and in courts Of
| equity rehearing and bills Of review supple
| mented by statutes in proper cases granting
appeals, and appeals in the nature Of wrIts
of error. All these methods of relief are in
daily use to escape the grinding effects Of
rule which II IL proposed TO import into
| legislative body acting upon question pure
| ly and simply political. And yet il is not
| proposed to bring with it the methods by
which the harshness of its effect may often be
avoided.
| If the matter under consideration was one
that affected only the rights of Mr. Kellogg
and Spotford there would be much force in the
argument favoring the adoption Of the rule. T
| If this a controversy Rs to which Of the +
two gentlemen should enjoy the emolUments +
and be entitled to the dignity and honor Of f
seat in the Senate of the United States, the +
Senate might well say; indeed, having regard +
to the gravity of its duties and its respons- .
bilties to the public it should say: 1T does f.
not cOmpOrt with the dignity of this body or
with the public interests that the controversy /.
shall be prolonged" The Senate should dis
miss the application and proceed TO perform F
other and more important duties. This is not i
such a controversy; il is one in which the I
State OF Louisiana and the whole people of
the United States are interested. 1t involves f
grave questions of public and constitutional ;
law and reaches TO the very foundations on .
which our frame Of government rests. IL IN f
wolves the relations of the States of this .
Union to the National government; the rights .
Of the 5 ates and Of the people all the States
One Of the States appears at the bar
Of the Senate and demands that her constitu- .
tOnal right to representation shall be respect .
ed. She says that by mistake or fraud or a F
wrong decision one has been admitted here
her representative who in fact IS not her rep
resentatiye, and demands redress. She says f
that she is prepared to demonstrate the fact .
to the satisfaction Of the Senate and the whole i
country But to this earnest appeal il is pro 4
posed to reply What you say may be true. 4
The one you have chosen may have been re- F.
jected another person, a stranger and an alien
to your confidence. may occupy the seat pre-
pared by the Constitution for your own ac-
credited representative; he may have mounted .
to this great position by fraud, by deceit, by +
our own mistake, hut we cannot revise or re +
verse our action. We are fettered by a rule E
borrowed for the occasion from another tri- .
bunal, and the whole matter is rec aljudicafa. /
Mr.. President. such reply il a denial to the I
State of right guaranteed to her by the Com T
stituti0n. The right cannot be questioned. +
No statesman or jurist in this broad land has I
ever questioned it. No one ever will Has /
the former action of the Senate aunulled it, .
Can that action annul it2 Has the right been
merged in the former judgement, or hidden E
| out Of sight that it cannot be discovered /
Not ut all. 1t is constitutional right, and T
continues until satisfied It be satisfied .
only by recognition. 1t continues from day +
to day, from month TO month, from year To I
year 1t speaks to-day in tones earnest I
and in voice as exactng as it did two years
ago wrong judgment Of the Senate cannot .
hush il into silence, can the plea OF res
ddJLdlcdsd be accepted its fulrllmeut.
10 give such an effect to the plea places the .
Senate above the Constitution, and makes il F
the constituent instead of the Legislature Of f.
the State. Such answer declares that al F
though the former judgment may have been f
the result Of a consp racy, or fraud, mis- .
take. now patent to ali the world yet its effect
Is binding and conclusive 1t declares that /
the State may be robbed Of its right its cOnsti- +
tutiOnal right, to representation, not because +
of any fault or error Of its own, but because F
somebody else has hoen fault or has been in i'm f
posed upon. Such doctrine is monstrous f
Its only foundation Is the desire 10 exalt the {
dignity and value of the judgment OF this body +
and escape the duty TO perform 2 oonstitu-
tional obligation.
Nor can the failure 70 perform this oblga- f
tiOn be excused the miserable plea that T
there is danger in the precedent. If Mr.. Kelz f
logg was duly elected by the true and lawful {
Legislature Of Louisiana should be eager
to confirm him in possession of his seat and {
repel every effort to remove him. On the other !.
hand, if Mr.. Spofford has been elected BY the .
true and legal Legislature, We should make .
haste to admit him TO this body. Absolute .
justice requires this 10 be done The Consti-
tuition requires it. "A wrong decision il AZ +
ways dangerous one, AID may become e bad (
-I.-r.t Ii IL 4.