Jonathan Chace elected January 20, 1885, to fill unexpired term ending March 3, 1889; credentials dated January 21, 1885; credentials read January 24, 1885; took seat January 26, 1885.

128. Henry W. Blair, of New Hampshire.-Appointed March 5, 1885; presented credentials March 9, 1885; the oath was administered and he took his seat March 10, 1885; expiration of his previous term and failure of legislature to elect successor. June 17, 1885, Mr. Blair was elected by the legislature for the unexpired term ending March 3, 1891; credentials dated June 18, 1885; produced credentials and took his seat December 7, 1885.

129. Edward C. Walthall.-Appointed March 9, 1885; produced credentials and took seat March 12, 1885; resignation of L. Q. C. Lamar. Mr. Walthall elected by the legislature January 20, 1886, for the unexpired term ending March 4, 1889; January 25, 1886, he produced his credentials and took his seat.

130. George Hearst, California-Appointed March 23, 1886; produced credentials and took his seat April 9, 1886; death of John F. Miller. A. P. Williams elected by the legislature, August 4, 1886, for the unexpired term ending March 3, 1887; produced his credentials and took his seat December 6, 1886.

131. Washington C. Whitthorne, Tennessee.-Appointed April 16, 1886; produced his credentials and took his seat April 26, 1886; resignation of Howell E. Jackson January 18, 1887. Mr. Whitthorne was elected by the legislature for the unexpired term ending March 4, 1887; credentials dated January 26, 1887; produced his credentials and took his seat February 3, 1887.

132. Person C. Cheney, New Hampshire.-Appointed November 24, 1886; produced credentials and took seat December 7, 1886; death of Austin F. Pike. William E. Chandler elected by the legislature June 14, 1887, for the unexpired term ending March 3, 1889; credentials dated June 15, 1887; produced credentials and took seat December 5, 1887.

133. Gilman Marston, New Hampshire. -Appointed March 4, 1889; produced credentials and took seat March 5, 1889; expiration of term of William E. Chandler and failure of legislature to elect a successor. William E Chandler elected by the legislature June 18, 1889, for the unexpired term ending March 3, 1895; credentials dated June 19, 1889; produced his credentials and took seat December 2, 1889.

134. Charles H. Gibson, Maryland.-Appointed November 19, 1891; produced credentials and took seat December 7, 1891; death of Ephraim King Wilson. Mr. Gibson elected by the legislature January 21, 1892, for the unexpired term ending March 3, 1897; credentials dated February 3, 1892; produced credentials and took seat February 10, 1892.

135. Redfield Proctor, Vermont.-Appointed November 2, 1891; produced credentials and took seat December 7, 1891; resignation of George F. Edmunds.

136. Horace Chilton, Texas.-Appointment made April 25, 1891, to take effect June 10, 1891; produced credentials and took seat December 7, 1891; resignation of John H. Reagan. Roger Q. Mills elected by the legislature March 22, 1892, for the unexpired term ending March 3, 1893; credentials dated March 25, 1892; produced his credentials and took his seat March 30, 1892.

137. Bishop W. Perkins, Kansas.-Appointed January 1, 1892; produced credentials and took seat January 6, 1892; death of Preston B. Plumb.

138. Eppa Hunton, Virginia.—Appointed May 28, 1892; produced credentials and took seat June 1, 1892; death of John S. Barbour.

139. Donelson Caffery, Louisiana.-Appointed January 7, 1893; presented credentials and took seat January 13, 1893; death of Randall L. Gibson.

140. Samuel Pasco, Florida.-Appointed February 27, 1893; presented credentials March 3, 1893; expiration of term of Samuel Pasco, March 3, 1893, the legislature of Florida not being in session in time to elect a successor.

141. Lee Mantle, Montana.-Appointed March 4, 1893; presented credentials March 9, 1893; expiration of term of Wilbur S. Sanders, March 3, 1893. (Not admitted.) 142. Asahel C. Beckwith. Wyoming.-Appointed March 9, 1893; presented credentials March 15, 1893; expiration of term of Francis E. Warren, March 3, 1893. (Not admitted.)

143. John B. Allen, Washington.-Appointed March 10, 1893; presented credentials March 20, 1893; expiration of term of John B. Allen, March 3, 1893. (Not admitted.) 144. George C. Perkins, California.—Appointed July 24, 1893; presented credentials and took seat August 8, 1893; death of Leland Stanford.

145. Newton C. Blanchard, Louisiana.-Appointed March 7, 1894; presented credentials and took seat March 12, 1894; resignation of Edward D. White.

146. Patrick Walsh, Georgia.-Appointed April 2, 1894; presented credentials and took seat April 9, 1894; death of Alfred H. Colquitt.

147. Thomas J. Jarvis, North Carolina.-Presented credentials and took seat April 23, 1894; death of Zebulon B. Vance.

148. John Patton, Michigan.-Presented credentials and took seat May 8, 1894; death of Francis B. Stockbridge.

149. Marcus A. Hanna, Ohio.-Presented credentials and took seat March 5, 1897; resignation of John Sherman.

150. Andrew T. Wood, Kentucky.-Appointed March 5, 1897; presented credentials March 10, 1897; expiration of term of Joseph C. S. Blackburn, March 3, 1897. (Not admitted.)

151. Henry W. Corbett, Oregon.-Appointed March 6, 1897; presented credentials March 15, 1897; expiration of term of John H. Mitchell, March 3, 1897. (Not admitted.)

152. John A. Henderson, Florida.-Appointed March 6, 1897; presented credentials March 16, 1897; expiration of term of Wilkinson Call, March 3, 1897. (Not admitted.

153. John C. McLaurin, South Carolina.-Presented credentials and took seat June 1, 1897; death of Joseph Earle.

154. Thomas B. Turley, Tennessee.-Presented credentials and took seat July 22, 1897; death of Isham G. Harris.

155. Hernando D. Money, Mississippi.-Appointed October 8, 1897; presented credentials and took seat December 7, 1897; death of J. Z. George.

156. William V. Sullivan, Mississippi.-Presented credentials and took seat May 31, 1898; death of Edward C. Walthall.

157. Jonathan Ross, Vermont.-Appointed January 11, 1899; presented credentials and took seat January 16, 1899; death of Justin S. Morrill.

158. Samuel Pasco, Florida.-Presented credentials March 3, 1899; expiration of term of Samuel Pasco, March 3, 1899. Credentials filed.

159. Matthew S. Quay, Pennsylvania.-Appointed April 21, 1899; presented credentials December 4, 1899; expiration of term of Matthew S. Quay, March 3, 1899. (Not admitted.)

160. William V. Allen, Nebraska.-Appointed December 13, 1899; presented credentials and took seat December 18, 1899; death of Monroe L. Hayward.

161. William A. Clark, Montana.-Appointed May 15, 1900; presented credentials May 22, 1900; resignation of Willam A. Clark. (Not admitted.)

162. Martin Maginnis, Montana.-Appointed May 19, 1900; presented credentials May 25, 1900; resignation of William A. Clark. (Not admitted.)

163. Jonathan P. Dolliver, Iowa.-Appointed August 23, 1900; presented credentials and took seat December 3, 1900; death of John H. Gear.

164. Alfred B. Kittredge, South Dakota.-Appointed July 11, 1901; presented credentials and took seat December 2, 1901; death of James H. Kyle.

165. Russell A. Alger, Michigan.-Appointed September 27, 1902; presented credentials and took seat December 2, 1902; death of James McMillan.

166. W. Murray Crane, Massachusetts.-Appointed October 12, 1904; presented credentials and took seat December 6, 1904; death of George F. Hoar.

167. Philander C. Knox, Pennsylvania.-Appointed June 10, 1904; presented credentials and took seat December 6, 1904; death of Matthew S. Quay.

168. John M. Gearin, Oregon.-Appointed December 13, 1905; presented credentials and took seat December 21, 1905; death of John H. Mitchell.

169. William P. Whyte, Maryland.-Appointed June 8, 1906; presented credentials and took seat June 11, 1906; death of Arthur P. Gorman.

170. Alfred W. Benson, Kansas.-Appointed June 11, 1906; presented credentials and took seat June 14, 1906; resignation of Joseph R. Burton.

171. John H. Bankhead, Alabama.-Appointed June 18, 1907; presented credentials, December 5, 1907; took seat January 13, 1908; death of John T. Morgan.

172. William J. Bryan, Florida.-Appointed December 26, 1907; presented credentials and took seat January 9, 1908; death of Stephen R. Mallory.

173. John W. Stewart, Vermont.—Appointed March 24, 1908; presented credentials and took oath March 30, 1908; death of Redfield Proctor.

174. William H. Milton, Florida.-Appointed March 27, 1908; presented credentials and took seat April 6, 1908; death of William J. Bryan.

175. Fountain L. Thompson, North Dakota.-Appointed November 10, 1909; presented credentials and took seat December 7, 1909; death of Martin N. Johnson.

176. James Gordon, Mississippi.-Appointed December 27, 1909; presented credentials and took seat January 5, 1910; death of Anselm McLaurin.

177. William E. Purcell, North Dakota.-Appointed January 29, 1910; presented credentials and took seat February 1, 1910; resignation of Fountain L. Thompson. 178. Claude A. Swanson, Virginia.-Appointed August 1, 1910; presented credentials and took seat December 6, 1910; death of John W. Daniel.

179. Joseph M. Terrill, Georgia.-Appointed November 17, 1910; presented credentials and took seat December 6, 1910; death of Alexander S. Clay.

156

APPOINTMENTS BY EXECUTIVES OF STATES.

180. Lafayette Young, Iowa.-Appointed November 12, 1910; presented credentials and took seat December 6, 1910; death of Jonathan P. Dolliver.

181. John R. Thornton, Louisiana.-Appointed August 27, 1910; subsequently elected by legislature; presented credentials and took seat December 12, 1910; death of Samuel D. McEnery.

182. Davis Elkins, West Virginia.-Appointed January 9, 1911; presented credentials and took seat January 9, 1911; death of Stephen B. Elkins.

183. Obadiah Gardner, Maine.-Appointed September 23, 1911; presented credentials and took seat December 4, 1911; death of William P. Frye.

184. Newell Sanders, Tennessee.-Appointed April 8, 1912; presented credentials and took seat April 11, 1912; death of Robert L. Laylor.

185. William A. Massey, Nevada.-Appointed July 1, 1912, presented credentials and took seat July 6, 1912; death of George S. Nixon.

186. Kirkland I. Perky, Idaho.-Appointed November 16, 1912; presented credentials and took seat December 3, 1912; death of Weldon B. Heyburn.

187. William P. Jackson, Maryland.-Appointed November 29, 1912; presented credentials and took seat December 3, 1912; death of Isidor Rayner.

188. John N. Heiskell, Arkansas.-Appointed January 6, 1913; presented credentials and took seat January 9, 1913; death of Jeff Davis.

189. Rienzi M. Johnston, Texas.-Appointed January 4, 1913; presented credentials and took seat January 7, 1913; resignation of Joseph W. Bailey.

SENATE ELECTION CASES.

II.

MISCELLANEOUS CASES.

[Third Congress-First session.]

ALBERT GALLATIN,

Senator from Pennsylvania from December 2, 1793, to February 28, 1794.

Albert Gallatin, a native of Geneva, came to Boston, Mass., in 1780. After changing his residence a few times he went, in November, 1783, to Virginia, where he had purchased lands. In October, 1785, he took an oath of allegiance to Virginia. In December, 1785, he purchased a plantation in Fayette County, Pennsylvania, on which he was living in 1793. On the 28th of February, 1793, he was elected from that State to the Senate of the United States, which office he held until February 28, 1794, when it was determined that he was not entitled to his seat, not having been "nine years a citizen of the United States."

The history of the case here given consists of a transcript of the proceedings of the Senate relating to it from the Annals of Congress, 3d Cong., 1793-'95, within pages 9-61.

It will be observed that the Senate resolved that the doors of the Senate be opened during the discussion upon this contested election. A discussion of the merits of this case, and of the decision of the Senate regarding it, may be found in the "Life of Albert Gallatin," by Henry Adams, pages 119, 120.

MONDAY, December 2, 1793.

The Vice-President administered the oath required by law to Mr. Gallatin, and he took his seat.

The Vice-President laid before the Senate the petition of Conrad Laub and others, relative to the appointment of Mr. Gallatin, a Senator of the United States; which was read and ordered to lie on the table.

WEDNESDAY, December 11, 1793.

Ordered, That Messrs. Rutherfurd, Cabot, Ellsworth, Livermore, and Mitchell be a committee to take into consideration the petition of Conrad Laub and others, stating that the Hon. Albert Gallatin, at the time he was elected a Senator of the United States, had not been nine years a citizen of the said United States, as is required by the Constitution, and report thereon to the Senate.

TUESDAY, December 31, 1793.

Mr. Rutherfurd reported, from the committee to whom was referred the petition of Conrad Laub and others, stating that the Hon. Albert Gallatin, at the time he was elected a Senator of the United States, had not been nine years a citizen of the said United States, as is required by the Constitution; which report was read and ordered to lie for consideration.

WEDNESDAY, January 1, 1794.

The Senate proceeded to the consideration of the report of the committee to whom was referred the petition of Conrad Laub and others.

On motion to postpone the consideration of the report until to-morrow, it was agreed to amend this motion by striking out the word "to-morrow," and to insert in lieu thereof, "Thursday, the 9th instant."

THURSDAY, January 9, 1794.

Agreeably to the order of the day, the Senate took into consideration the report of the committee on the petition of Conrad Laub and others, respecting the appointment of Albert Gallatin to be a Senator of the United States.

On motion,

Ordered, That the further consideration of the report be postponed until to-morrow.

FRIDAY, January 10, 1794.

The Senate resumed the consideration of the report of the committee on the petition of Conrad Laub and others, respecting the appointment of Albert Gallatin, a Senator of the United States; which report is as follows:

REPORT OF SELECT COMMITTEE.

[This committee consisted of Messrs. Rutherford, Cabot, Ellsworth, Livermore, and Mitchell.]

The committee, to whom was referred the petition of Conrad Laub and others, stating that Albert Gallatin, at the time he was elected a Senator of the United States, had not been nine years a citizen of the said United States, as is required by the Constitution, report:

That the committee have conferred with Mr. Michael Schmyser, agent for the petitioners, and with Mr. Gallatin; that Mr. Schmyser has declared that the petitioners are ready to adduce proofs in support of the petition at such time as the Senate may think proper to appoint; that Mr. Gallatin states no objection to the trial's commencing at an early day. The committee therefore recommend that the Senate agree to the following resolution:

Resolved, That be assigned for hearing the petition of Conrad Laub and others, respecting Mr. Gallatin's right to a seat in the Senate, and that Messrs. Gallatin and Schmyser be furnished with a copy of this resolution.

On motion, it was agreed to postpone the report of the committee, and to take into consideration the following resolution :

"Resolved, That a committee of elections, to consist of seven, be appointed to report rules for receiving petitions and conducting inquiries relative to the qualifications of a Senator; and that the petition of Conrad Laub and others be referred to the same committee, to state the facts, and that they be authorized to send for persons and papers."

On which a motion was made and seconded to postpone this motion and to take up the following: "That be a committee to ascertain and state to the Senate the facts relative to the time when Albert Gallatin became a citizen of the United States, and that the said committee have power to send for persons and papers.

Whereupon a motion was made and seconded to postpone the preceding, and to take into consideration the following motion:

66

'Resolved, That a committee of elections be appointed, and that the petition of Conrad Laub and others be referred to it, to report their opinion on the merits of the said petition."

And, after debate, the Senate adjourned.

MONDAY, January 13, 1794.

The Senate resumed the consideration of the petition of Conrad Laub and others, respecting the appointment of Mr. Gallatin to be a Senator of the United States. On motion,

Ordered, That a committee of elections, to consist of seven, be appointed, and that the petition of Conrad Laub and others be referred, without prejudice as to any questions which may, upon the hearing, be raised by the sitting member, as to the sufficiency of the parties and the matter charged in the petition, to the same committee, to state the facts, and that they be authorized to send for persons and papers; also, that Messrs. Bradley, Ellsworth, Mitchell, Rutherfurd, Brown, Livermore, and Taylor be this committee.

MONDAY, February 10, 1794.

Mr. Bradley reported from the committee to whom was referred the petition of Courad Laub and others, respecting the appointment of Mr. Gallatin to be a Senator of the United States; and the report was read.

Ordered, That Wednesday next be assigned to take this report into consideration, and that in the mean time it be printed for the use of the Senate.

On motion that the Senate adopt the following resolution:

"Resolved, That the doors of the Senate be opened, and continue open, during the discussion upon the contested election of Albert Gallatin,"

Ordered, That this motion lie on the table until to-morrow.