The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-19
THE PLEA OF REs ADJUDICATA ISTERPosEL
IN THE KELLOGG CASE.

Now sir, what is the doctrine Of Jss aduit-
catl2 1 approach the discussion of this ques-
tom, truss. in no partisan spirit and with
no disposition 10 take advantage OF technical
itv. propose honestly and seriously, as 3
lawyer 20 discuss the question whether res
GayultrrtI applies TO this case, whether 1t can
he made a bar, firm and etiectuaI, 10 further
inquiry or examination into the title OF the
sitting member. hes du@icata, as every law
yer knows. is n technical rule invoked in the
interest OF economy and public policy. 1t IS
an olioUs rule. oIIoUs IN the light that 1t eX-
c,uies justice frequently ON the ground that
there must be ar end to litigation, that the
courts at some time must be closed, that the
expense eutailed by litigation without end
cannot be borne by the State Interest yeiplt5-
Tiraf uf .it INNS lititu4. 1t was the old Latin
maxim adopted by the common and by the
civil law. Is that rSle applicable TO case
when the Constitution itself enJoInS dufy
up0n a Legislative body Can the Senate OF
the United States say that it ever Is precluded
from examining as to the constituent elements
Of its own membership The Constitution
declares sact every State shall be represented
uvou the floor of tuC Senate by two Senators
elected by her Legislature. is there any linn
itation 10 that duty imposed upon the Senate
of the United States Does il not involve the
existence OF the Government itself that the
highest branch of the Legislative assembly Of
the uited States should be composed under
the Constitution of two Senators from every
sovereign State in this confederacy or Union
Of States
r.
Is il POSSIBLE that the statute OF limitations
can ever apply to an assertion of constltu-
tional power in the organic act OF the GoYern-
rnent which creates the highest branch OF the
legisls alive assembly OF the whole country IN
which rests. and rests alone, the sovereignty
Of the States Did oUr fathers IN making the
Constitution intend that there should be a
limitstiou. as the Senator from Wisconsin Mr.
Carpenter asserted IN putting his question
the other DAY to the Senator from North Caro-
lima. Mr. Vance, when he asked on the hcor
of the Senate, Does the Senator mean 10 say
that there is no limitation to the trial OF tAe
right OF SENATOR to a seat on tins moor.
answer him dell berStely end earnestly ana
couscientiously, a lawyer and a. Senator,
that in my judgment that power does
not cease TO exist. say that there
may be cases, when good faith, when
honest legislation, when economy Of time
when public policy may preclude the senate
from going back and reopenlng case, Just
exactly as a court would be prevented from
Feopening il upon a bill of review. There are
cases PROFESSIONALLY in which the Senate
would not 90 back and reopen case where all
the facts had been invest gated, Hhere the law
had been fully examined. Then for the Senale
of the United States to go back and by parsi-
san action to reopen the case would be in the
highest degree improper. But the power sin
exists Take away thSt power and what be-
| comes OF the constituency u tGe Senate OF the
United States, representing the Sovereignty
I of the States put the question TO every SEN
ator this hoor put tito my brother Dem
:.
hesitatins in regard to this question. The
Senator from Maine said that we admin
istering bitter pill 10 the northern Senators
upou this floor. 10 show that tie sOEt!tern
Senators from the States, as lie expressed It,
lately in rebellion or sympathIZing with the
rebellion, rise above all party and look to the
Constitution alone. l state here that the prin
cipaI objection to unseating the Senator from
I6uisiar.a comes not from the North but from
this SOUTH. They eOnstrue the Constitution
inherently from myself, and now appeal to
them honestly, faithfully, openly and trust
courageously, to examine this question under
tbeir 9afhs and to decide Senators Of sos
ereign States in the highest tribunal of the
nation ~, St. Ill.,
me to ask him question
Mr.. VEsT-Certainlg-
Mr. CARPENrER-I know lac is zoo good q
dehater +, be ANNOYED by a mere Interrupt
ton and he knows do not Interrupt u. TN n'm ; 1o5
that purpose, but want to cali TO ms ini ~
one point for the purpose of ascertalnlng ms
views about i The Constitution . says s ina.
each State shall be represented on TINS no9I
| by two Senators elected BY its legislature II
says the Senate shall be the judge OF whether