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COMPILATION OF

SENATE ELECTION

CASES

FROM 1789 TO 1913

WASHINGTON

GOVERNMENT PRINTING OFFICE

1913

HARVARD COLLEGE LIBRARY
CIFT CF

ALBERT BUSHNELL HART

Sep. 18, 1925

IN THE SENATE OF THE UNITED STATES,

January 18, 1913. Resolved, That the Committee on Privileges and Elections be, and is hereby, authorized and directed to have compiled and printed as a document a revised edition of the document entitled "Compilation of Senate Election Cases," bringing the same down to the close of the Sixty-second Congress.

Attest:

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PREFACE.

The first compilation of strictly Senate election cases, as distinguished from previous compilations containing cases arising in both branches of Congress, was made by George S. Taft in 1885 and covered the Senate cases from 1789 to December, 1885. This work was continued with such changes as were adopted from time to time with the purpose of increasing the value of the work as a book of reference by George P. Furber, to March 3, 1893; by George M. Buck, to March 3, 1903; and by Charles A. Webb and Herbert R. Pierce to March 3, 1913.

The work contains not only contested cases, strictly speaking, but all cases in which the right to a seat of any person who has presented credentials has been questioned in such a manner that the Senate has deemed proper to investigate or to discuss the question. It does not, however, contain cases in which the mere form of a credential has been casually criticized with no idea of questioning the validity of the election or appointment.

The cases are presented in chronological order under three headings: "Cases concerning the power of executives of States to fill vacancies," "Miscellaneous cases," and "Expulsion of Senators." A list of the Senators appointed by executives of States follows the cases dealt with under the first-mentioned heading.

The general plan adopted in presenting these cases has been to give the reports of committees, with views of the minority, in all cases in which there were reports; brief statements of the action taken by the Senate from day to day with references indicating the volume of the Congressional Globe or Congressional Record, and the pages which contain the full record of the proceedings; extracts from debates in those cases in which there were no reports; the full debate in some cases in which the discussions have been brief; and a headnote accompanying each case stating the points in question and the action of the Senate.

The introduction contains extracts from the debates in the Federal Convention of 1787, from the Madison Papers, relating to the election and qualification of Senators; extracts from the Constitution of the United States relating to the same; extracts from Federal laws relating to the election of Senators; and a list of all cases referred by the Senate to the Committee on Privileges and Elections on which reports have been made to the Senate. References to facilitate the location of precedents will be found in the index.

WASHINGTON, D. C., March 3, 1913.

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