COMMITTEE ON PRIVILEGES AND ELECTIONS. The Committee on Privileges and Elections was appointed on March 10, 1871, Forty-second Congress, first session. CASES REFERRED TO THE COMMITTEE ON PRIVILEGES AND ELECTIONS SINCE ITS ORGANIZATION AND REPORTED BACK TO THE SENATE. 1871. Reynolds v. Hamilton. 1871. Goldthwaite, of Alabama. Report by Stewart. 1871. Norwood v. Blodgett, of Georgia. Mr. Stewart reported. 1871. Ransome v. Abbott, of North Carolina. Reports by Logan and Carpenter. 1872. Pomeroy and Caldwell, of Kansas. Reports by Logan, Morton, and Thur man. 1872 Sykes v. Spencer, of Alabama. Reports by Carpenter and others. 1872. George v. Spencer, of Alabama. Reports by Carpenter and others. 1873 to 1880. Louisiana cases. Committee directed to inquire whether an existing legal State government in Louisiana and to look over credentials of McMillan and Ray. Reports by Carpenter and others. 1873. Bogy, of Missouri. Report by Morton. 1879. Ingalls, of Kansas. South Carolina. Report by Cameron. 1881. Lapham v. Miller, of New York. Report by Hill, of Georgia. 1887. Lucas v. Faulkner, of West Virginia. Report by Hoar. 1890. Clark and Maginnis v. Sanders and Power, of Montana. Report by Hoar. 1890. Shoup and McConnell, of Idaho. Report by Hoar. 1890. Dubois, of Idaho. Report by Hoar. 1891. Claggett v. Dubois of Idaho. Report by Mitchell. 1891. Call, of Florida. 1892. Davidson v. Call, of Florida. Report by Turpie. 1893. Roach, of North Dakota. 1893. Ady v. Martin, of Kansas. 1895. du Pont, of Delaware. Report by Mitchell. 1897 Addicks v. Kenney, of Delaware. 1898. Hanna, of Ohio. Report by Chandler. 1899. Scott, of West Virginia. Report by McComas. 1899. Clark, of Montana. Report by Chandler. 1906. Smoot, of Utah. Report by Burrows. 1911. Lorimer, of Illinois. Report by Burrows. *1912. Lorimer, of Illinois. Report by Dillingham. 1912. Stephenson, of Wisconsin. Report by Heyburn. 1913. Watson and Chilton, of West Virginia. Report by Dillingham. * Special committee made up of members of the Committee on Privileges and Elections. XXVII SENATE ELECTION CASES. I. CASES CONCERNING THE POWER OF EXECUTIVES OF STATES TO FILL VACANCIES. [Third Congress-First session.] KENSEY JOHNS, George Read, a Senator from Delaware, resigned his seat in December, 1793, during the recess of the legislature of said State. The legislature met in January and adjourned in February, 1794. On the 19th of March, Kensey Johns was appointed by the governor of said State to fill the vacancy. It was determined that Mr. Johns was not entitled to his seat, a session of the legislature having Intervened between the resignation of Mr. Read and the appointment of Mr. Johns. The history of the case here given consists of a transcript of the proceedings of the Senate relat ing to it from the Annals of Congress, 3d Cong., 1793-'95, within pages 73-78. MONDAY, March 24, 1794. Kensey Johns appeared and produced his credentials of an appointment by the gov. ernor of the State of Delaware as a Senator of the United States; which were read. Whereupon it was moved that they be referred to the consideration of the Committee of Elections before the said Kensey Johns should be permitted to qualify, who are di rected to report thereon; and it passed in the affirmative-yeas 13, nays 12; as follows: YEAS-Messrs. Bradley, Brown, Burr, Edwards, Gunn, Hawkins, Jackson, Langdon, Livermore, Martin, Monroe, Robinson, and Taylor. NAYS-Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Izard, Mitchell, Morris, Potts, Rutherfurd, Strong, and Vining. WEDNESDAY, March 26, 1794. Mr. Bradley reported from the Committee on Elections, to whom were referred the credentials of Kensey Johns, appointed by the executive of the State of Delaware a Senator of the United States in the place of George Read, resigned. Ordered, That the report lie for consideration. THURSDAY, March 27, 1794. The Senate proceeded to the consideration of the report of the Committee of Elections, to whom were referred the credentials of Kensey Johns, appointed by the executive of the State of Delaware to be a Senator of the United States. On motion that the report be recommitted, it passed in the negative; and, Ordered, That the further consideration of this report be postponed until to-morrow FRIDAY, March 28, 1794. The Senate resumed the consideration of the report of the Committee of Elections, to whom were referred the credentials of Kensey Johns, appointed by the executive of the State of Delaware to be a Senator of the United States; which report is as follows: 1 REPORT OF COMMITTEE. [The committee consisted of Messrs. Bradley, Ellsworth, Mitchell, Rutherford, Brown, Livermore, and Taylor.] The Committee of Elections, to whom were referred the credentials of an appointment by the governor of the State of Delaware of Kensey Johns as a Senator of the United States, having had the same under consideration, report That George Read, a Senator for the State of Delaware, resigned his seat upon the 18th day of December, 1793, and during the recess of the legislature of said State. That the legislature of the said State met in January and adjourned in February, 1794. That upon the 19th day of March, and subsequent to the adjournment of the said legislature, Kensey Johns was appointed by the governor of said State to fill the vacancy occasioned by the resignation aforesaid. Whereupon the committee submit the following resolution: Resolved, That Kensey Johns, appointed by the governor of the State of Delaware as a Senator of the United States for said State, is not entitled to a seat in the Senate of the United States, a session of the legislature of the said State having intervened between the resignation of the said George Read and the appointment of the said Kensey Johns. On the question to agree to this report, it passed in the affirmative-yeas 20, nays 7; as follows: YEAS-Messrs. Bradford, Bradley, Brown, Burr, Butler, Cabot, Edwards, Ellsworth, Frelinghuysen, Gunn, Hawkins, Jackson, King, Langdon, Livermore, Martin, Mitchell, Monroe, Robinson, and Taylor. NAYS-Messrs. Foster, Izard, Morris, Potts, Rutherfurd, Strong, and Vining. Resolved, That an attested copy of the resolution of the Senate on the appointment of Kensey Johns to be a Senator of the United States be transmitted by the President of the Senate to the executive of the State of Delaware. [Special session of Senate, March, 1801.] URIAH TRACY, Senator from Connecticut from December 6, 1796, till his death, July 19, 1807. Mr. Tracy's first term expired March 3, 1801. On March 4, at a special session of the Senate, he produced credentials of appointment by the governor of Connecticut to fill the vacancy. It appears from the credentials, which are dated February 20, 1801, that the legislature of the State was not then in session, and that he was appointed "from the 3d of March next until the next meeting of the legislature of said State." Exception being taken to his credentials he was admitted by a vote of 13 yeas to 10 nays. Under these credentials he occupied his seat during the special session of the Senate, March 4 and 5. In May following he was elected by the legislature, and on December 6, the second day of the next session of Congress, he produced his credentials of election and the oath was administered. The brief history of the case here given, taken from the Annals of Congress, 6th Cong., 1799-1801, page 763, contains all that there is relating to it, neither the debate referred to nor the grounds of the decision being given. WEDNESDAY, March 4, 1801. Exception being taken to the credentials of the Hon. Mr. Tracy, a Senator from the State of Connecticut, a debate ensued; and, On motion that he be admitted to take the oath required by the Constitution, it passed in the affirmative-yeas 13, nays 10; as follows: YEAS-Messrs. Chipman, Dayton, Dwight Foster, Hillhouse, Howard, Livermore, J. Mason, Morris, Ogden, Ross, Sheafe, Wells, and White. NAYS-Messrs. Anderson, Armstrong, Baldwin, Brown, Cocke, S. T. Mason, Muhlenberg, Nicholas, Pinckney, and Stone. |