The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1898-12-17

not long enough to acquire the status of a
voter The Bailey case was cited and
relied on by both sides and nobody con.
troverted its authority. Senator John Sher-
man, one of General Ames's chief supporters,
then summarized the law in the following
clear language: ''To constitute inhabitancy
two qualifications are demanded: first, the dc-
tual presence of the body aoittin the State; and,
second, an actual intent to reside and remain
and be an inhabitant there"
The authority of the Bailey decision was
recognized by Senator Pugh, of Ohio, in the
Trumble case, in 1855 in the following un-
mistakable language: ITO secure the election
of Senators frem all extraneous influences
such as might have been apprehended from
the dictation of the larger States or the pa
tronage of the Federal Government, it was
furthermore declared that each Senator should
not merely be citizen. but an actual resi-
ent-'inhabitant'-of the State for which he
is chosen
In the case ofJudge Philip Francis Thomas,
of Maryland, in 1867, Senator Sumner, in
opposing the administration of the oath to
him, said 'But no man can be allowed to
take the oath as Senator when, on the evil
dence before the Senate, he is not competent.
If it appear that he is not of sufficient age, or
of the required citizenship or inhabitancy, he
cannot be allowed to go to that desk. !" :
The open sesame to this Chamber must be
something more than the oath OF suspected
applicant.
The records of the Senate debates are
bristing with repeated recognitlons OF this
construction of the constitutional qualihca-
tons of Senators and, as far as can be learned,
there is but one case in the memory of any
one connected with the Senate in which this
rule has been violated in the seating of Sen
otor and that is the case of David Davis, OF
Illinois, who, in 1877, went directly from the
bench of the Supreme Court TO a seat in the
Senate. In that case no question at all was
raised and he took his seat without objection.
The great national agitation ofthat period and
peculiar combination of notorious circum-
stances explain the unobjected admission of
Judge Davis to the Senate. The Republicans
were anxious to get HIM off the Supreme
Bench in order to keep him off the celebrated
electoral Commission because 1t was
pretty well understood that he would vote to
seat Tilden The Democrats were anxious
ia have the ponderous Judge, who had been
elected by the aid of their votes, in the Sen
ate, because they believed he would give them
the balance of power in that body. As that
case was never passed upon by the Senate, it
does not, of course, constitute any precedent,
as is well understood.
TO conclude, it is very manifest that the
self-sufficient Senator elect has seriously blum
dered in holding on to his Federal judgeship
while fighting for his election as Senator.
Had he resigned and bought himself another
house in Hagerstewn, in place Of the one he
sold, and reestablished himself there before
his election, his title would now be clear. As
it is, it is known to be the opinion Of leading
Senators, including part of the membership
of the Committee on Privileges and Elections,
that nothing short of a partisan reversal of the
uniform line of precedents can save his bacon.
EERITAS