that he is a man of color, and that therefore he was not a citizen prior to the enactment of the civil rights bill. Now, sir, no one stands here to question that his citizenship was an open question before the adoption of the civil rights bill. The history of the litigation that had occurred in various States, and that finally got into the Supreme Court of the United States in the Dred Scott case, is enough to show that a question was made as to whether a colored man was or was not a citizen of the United States. The decisions in Kentucky, the decisions in Connecticut, the decisions in my own State, the discussion which took place upon the admission of Missouri into the Union, the Dred Scott case, the universal discussion of this question at one period in our history-these are enough to show that the public mind was not settled upon the question. But if it was not settled then, could it be more effectively settled than it has been, first by the passage of the civil rights bill, and then, if that was not sufficent as a mere act of Congress to determine the status of citizenship in the face of a decision of the Supreme Court, surely it will not be contended that the fourteenth constitutional amendment, declaring that all persons born within the United States are citizens, is not sufficient to settle it.

"The civil rights bill, if its text be turned to, and the fourteenth amendment, if its text be turned to, will be found to be both declaratory. They do not enact that' from henceforth all persons born within the United States shall be citizens,' but the present tense is used in both: 'all persons' 'are citizens of the United States. If that be sufficient to settle the question, if that be enough as a declaratory law to declare that all persons born within the limits of the United States are citizens of the United States, where does this man stand who now presents himself as Senator-elect from Mississippi? "It is urged by gentlemen on the other side that he became a citizen only by virtue of one or the other of these enactments; but if they turn to the history of that clause of the Constitution of the United States on which they rely they will find that it was inserted both in reference to Senators and to Representatives in the other House of Congress, and also in reference to the President, because of the apprehension that was felt of foreign influences in our Government. In the discussion which occurred in the convention-I have it here, but will not take the time of the Senate to read it on fixing the qualifications of Senators it was especially dwelt upon that the Senate being the body which was to pass upon treaties with foreign governments, it was particularly necessary that the period of citizenship should be extended and made longer for a Senator than for a member of the House of Representatives. The discussion of Mr. Madison in the Federalist of this clause shows that the purpose, the reason, the intention of this clause in the Constitution of the United States was that persons who had been born abroad should not be permitted to become Senators until after they had been citizens a certain length of time. That is the reason, that is the spirit of the law; and it is a maxim which I need not quote, that the reason ceasing the law ceases with it.

Here, then, is a man born in the United States, not an alien, not a foreigner, who comes here elected by a State legislature. No question is raised as to his qualification as to age; no question is raised as to his qualification in any other respect than as to whether he has been a citizen of the United States for nine years. Now, even if the doctrine contended for by the gentlemen on the other side were true, that he was not a citizen until the time of the passage of the civil rights bill or until the adoption of the fourteenth constitutional amendment, still he is not within the meaning of that clause of the Constitution which requires a man to be a citizen for nine years. The meaning, the spirit of that was, that no man should occupy this place who had been naturalized as a foreigner until nine years had elapsed after his naturalization."

[Forty-first Congress--Second session.]

ADELBERT AMES,

Senator from Mississippi from April 1, 1870, till he resigned in 1874.

January 18, 1870, Mr. Ames was elected to fill the vacancy in the term beginning March 4, 1869, February 25, 1870, the credentials were presented and referred to the Committee on the Judiciary. March 18, the committee reported the following facts: Mr. Ames was born in Maine, in 1835, where he resided with his parents until 1856, when he entered West Point. Continuing in the military service, he was ordered to Mississippi in 1868. June 15, of that year he became provisional governor by appointment of General McDowell, then district commander, and in March, 1869, he became himself district commander by assignment of the President. These two positions Mr. Ames was holding at the time of the election. Mr. Ames testified that shortly before the election, being then in Missis sippi, he determined to be a candidate and decided to remain and reside in Mississippi, and publicly declared that intention. After his election he resigned his commission. This, he states, was after the passage (February 17, 1870), but before the approval (February 23, 1870) of the bill declaring Mississippi entitled to representation in Congress. Mr. Ames's parents had continued to live in Maine until 1862, and some of his papers and effects remained at his father's house. In 1862 his parents removed to Minnesota, carrying with them the effects of their son in their possession. In subsequent years Mr. Ames occasionally visited Maine, but owned no land there and occupied no habitation there of his own. The committee reported that Mr. Ames was not, when elected, an inhabitant of that State for which he was chosen, within the meaning of the third clause of the third section of the first article of the Constitution. They reported the resolution "that Adelbert Ames is not eligible to the seat in the Senate of the United States to which he had been appointed." After long debate the Senate resolved, April 1, 1870, that he was eligible to the seat, and he took the oath of office.

The history of the case here given consists of a transcript of the proceedings of the Senate relating to it from Senate Journal, 2d sess. 41st Cong., and the report of the committee from Senate Reports, 2d sess. 41st Cong., No. 75.

Special references to the debates of each day, which are found in the Congressional Globe, part 3, 2d sess. 41st Cong., are inserted below.

FRIDAY, February 25, 1870.

Mr. Robertson presented the credentials of Adelbert Ames, elected a Senator in Congress by the legislature of the State of Mississippi for the unexpired portion of the term commencing on the 4th day of March, 1869; which were referred to the Committee on the Judiciary.

FRIDAY, March 18, 1870.

Mr. Conkling, from the Committee on the Judiciary, to whom were referred the credentials of Adelbert Ames, elected a Senator by the legislature of the State of Mississippi for the unexpired term ending the 4th day of March, 1875, submitted a report (No. 75) thereon, accompanied by the following resolution. [Resolution found at end of report.]

REPORT OF COMMITTEE.

[The committee consisted of Messrs Trumbull (chairman), Stewart, Edmunds, Conkling, Rice, Carpenter, and Thurman.]

IN THE SENATE OF THE UNITED STATES.

MARCH 18, 1870.-Ordered to be printed.

Mr. Conkling, from the Committee on the Judiciary, submitted the following report: The Committee on the Judiciary, to whom were referred the credentials of Adelbert Ames, claiming to be Senator-elect from the State of Mississippi, report the following facts and conclusions:

Mr. Ames was born in Maine in 1835, and resided with his parents in that State until 1856, when he entered the Military Academy at West Point. From 1856 he remained in the military service of the United States until he resigned his commission, which he states was after the passage, but before the approval by the President, of the bill finally declaring Mississippi entitled to representation in Congress.

Until 1862 his parents continued to reside in Maine, and such articles and papers of his as would naturally be kept at his home remained at his father's house. In 1862 his parents removed to Minnesota, carrying with them the effects of their son in their possession, and in subsequent years he occasionally revisited Maine, but owned no land and occupied no habitation there of his own.

In 1868 he was ordered to Mississippi; on the 15th of June in that year he became provisional governor by appointment of General McDowell, then district commander, and in March, 1869, he became himself district commander by assignment of the President of the United States. These relations continued modified, if modified at all, only as will presently appear.

The election seems to have been regular, and waiving any criticism of the form of the certificate, no question has been made touching the right of Mr. Ames to take his seat, except in regard to the legal character of his residence in Mississippi.

The provision of the Constitution of the United States under which the question arises is this:

“No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen."

It will be seen that to be eligible as a Senator of the United States, a person, in addition to other qualifications, must be an inhabitant of the State for which he is chosen, and he must be such an inhabitant "when elected."

The election in this instance occurred on the 18th day of January, 1870.

At this time Mr. Ames was a military officer, stationed in Mississippi by order of superior military authority, and acting as provisional governor by appointment from General McDowell, as already stated. His presence in these two characters comprises everything bearing upon the question of his residence in Mississippi down to the time when he became a candidate for the Senate. The precise date cannot be fixed, but not long before the election General Ames determined to allow his name to be submitted to the legislature as one of those from which the choice of Senators might be made.

Having reached this determination, and in connection with it, General Ames declared, as far as he did declare it, his intention in regard to his future residence. His language as delivered to the committee touching his declarations and acts is as follows:

"Upon the success of the Republican ticket in Mississippi I was repeatedly approached to become a candidate for the United States Senate. For a long time I declined—I wrote letters declining. A number of persons in Mississippi visited this city to find arguments by which I might be influenced to become a candidate. I hesitated because it would necessitate the abandonment of my whole military life. Finally, for personal and public reasons, I decided to become a candidate and leave the Army. My intentions were publicly declared and sincere. (The intentions thus declared were not only to become a candidate for the Senate, but to remain and reside in Mississippi.) I even made arrangements, almost final and permanent, with a person to manage property I intended to buy. This was before I left Mississippi. My resignation was accepted by the President before he signed the bill to admit the State."

The conclusion of the committee upon these facts is that General Ames was not, when elected, an inhabitant of the State for which he was chosen, and that he is not entitled to take his seat.

The committee therefore recommend the adoption of the following resolution: Resolved, That Adelbert Ames is not eligible to the seat in the Senate of the United States to which he has been appointed.

MONDAY, March 21, 1870.

[A motion was made by Mr. Morton that the Senate proceed to the consideration of the resolution reported by the committee. After debate, the motion was withdrawn. The debate is found on pages 2087, 2088 of the Congressional Globe referred to in the head-note. This motion does not appear in the Senate Journal.]

TUESDAY, March 22, 1870.

The Senate proceeded to consider the resolution reported by Mr. Conkling from the Committee on the Judiciary on the credentials of Adelbert Ames, claiming to be a Senator-elect from the State of Mississippi, viz:

“Resolved, That Adelbert Ames is not eligible to the seat in the Senate of the United States to which he has been appointed."

After debate,

On motion by Mr. Hamlin, the Senate adjourned.

[The debate is found on pages 2122, 2123, 2125-2135 of the Congressional Globe referred to in the head-note.]

The Senate resumed, &c., and

After debate,

WEDNESDAY, March 23, 1870.

On motion by Mr. Thurman (at five minutes before 5 o'clock p. m.) that the Senate adjourn, it was determined in the affirmative-yeas 28, nays 25.

[The debate is found on pages 2156-2169 of the Congressional Globe referred to in the head-note.]

Mr. Morrill, of Maine, presented a resolution adopted by the legislature of the State of Mississippi to facilitate the admission of Adelbert Ames to a seat in the Senate of the United States; which was read.

Ordered, That it lie on the table.

After further debate,

On motion by Mr. Hamlin (at 5 o'clock p. m.), the Senate adjourned.

[The debate is found on pages 2303-2316 of the Congressional Globe referred to in the head-note.

FRIDAY, April 1, 1870.

The Senate resumed the consideration of the following resolution, reported by the Committee on the Judiciary, on the credentials of Adel ert Ames, claiming to be a Senator-elect from the State of Mississippi, viz:

"Resolved, That Adelbert Ames is not eligible to the seat in the Senate of the United States to which he has been appointed."

After debate,

On motion by Mr. Sumner to amend the resolution by striking out the word "not," After further debate,

On the question to agree to the amendment proposed by Mr. Sumner, it was determined in the affirmative-yeas 40, nays 12.

On motion by Mr. Pomeroy, the yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are Messrs. Abbott, Brownlow, Cameron, Cattell, Chandler, Cole, Corbett, Cragin, Drake, Fenton, Flanagan, Gilbert, Hamilton of Texas, Hamlin, Harris, Howard, Howe, Howell, McDonald, Morrill of Maine, Morrill of Vermont, Nye, Osborn, Patterson, Pomeroy, Pool, Ramsey, Revels, Rice, Ross, Scott, Sherman, Spencer, Stewart, Sumner, Thayer, Tipton, Warner, Williams, and Wilson. Those who voted in the negative are Messrs. Bayard, Carpenter, Casserly, Conkling, Davis, Edmunds, McCreery, Norton, Pratt, Schurz, Trumbull, and Vickers.

So the amendment was agreed to; and,

On the question to agree to the resolution as amended, it was determined in the affirmative.

So it was

Resolved, That Adelbert Ames is eligible to the seat in the Senate of the United States to which he has been appointed.

And thereupon the oaths prescribed by law were administered to Mr. Ames by the Vice-President, and he took his seat in the Senate.

Mr. Drake submitted the following resolution; which was considered, by unanimous consent, and agreed to:

66 Resolved, That the Secretary of the Senate be directed to pay the Senators from the State of Mississippi the compensation allowed by law, from the 23d day of February, 1870, and the Senators from the State of Texas from the 30th day of March, 1870, the dates of the acts declaring said States, respectively, entitled to presentation in the Congress of the United States."

After the consideration of executive business, the Senate adjourned.

[The debate is found on pages 2335-2349 of the Congressional Globe referred to in the bead-note.]

[Forty-first Congress-Second session.]

OSSIAN B. HART vs. ABIJAH GILBERT,

of Florida.

April 1, 1870, the petition of Mr. Hart, claiming to be entitled to a seat in the Senate for the term beginning March 4, 1869, and held by Abijah Gilbert, was presented and referred to the Committee on the Judiciary. The facts in regard to the elections were as follows: Florida had been without representation in Congress from 1861 to 1868. After the passage of the reconstruction acts, but before the passage of the act declaring Florida entitled to representation in Congress, the legislature of Florida, on the second Tuesday after its organization, proceeded, in accordance with the act of Congress of July 25, 1866, "regulating the times and manner of holding elections for Senators in Con gress," to the election of two Senators to fill vacancies in the terms ending March 3, 1869, and March 3, 1873. At the end of three days these two elections had been made. On the fourth day the legislature proceeded to the election of a Senator for the term beginning March 4, 1869, and Mr. Gilbert was elected. In January, 1870, the same legislature held a new election and elected the petitioner for the term to which it had previously elected Mr. Gilbert. The petitioner claimed that the election of Mr. Gilbert was void because he had been elected before the passage of the act declaring Florida entitled to representation, and because he had not been elected in accordance with the act of July 25, 1866, inasmuch as the legislature had failed to take action on the "second Tuesday after its organization" in regard to the third Senator who was to be elected, but only in regard to the two Senators who were to fill the existing vacancies, and had taken no action in regard to the election of the third Senator until the third day after the "second Tuesday." April 13, 1870, the committee reported in regard to the first objection that the subsequent recognition of the State government made valid, by relation, its acts from the time of its organization; and in regard to the second objection, that the object of the act of Congress was to fix a time when proceedings for the election of Senators should be commenced and continued till the elections were effected, and that this legislature bad acted in conformity therewith. They recommended the adoption of a resolution that Abijah Gilbert was duly elected and entitled to hold the seat, which was agreed to without a division April 28, 1870. Mr. Hart was allowed mileage and compensation.

The history of the case here given consists of a transcript of the proceedings of the Senate relating to it from Senate Journal, 2d sess. 41st Cong., and the report of the committee from Senate Reports, 2d sess. 41st Cong., No. 101.

Special references to the debates, which are found in parts 3 and 4 of the Congressional Globe, 2d sess. 41st Cong., are inserted below.

FRIDAY, April 1, 1870.

Mr. Osborn presented the petition* of Ossian B. Hart, of Florida, claiming to be entitled to a seat in the Senate as a Senator duly elected by the legislature of the State of Florida, and asking that his claim to said seat may be investigated by the Senate; which was referred to the Committee on the Judiciary and ordered to be printed.

[Remarks accompanying the presentation of the petition are found on pages 2330, 2331 of part 3 of the Congressional Globe referred to in the head-note.]

WEDNESDAY, April 13, 1870.

Mr. Trumbull, from the Committee on the Judiciary, to whom was referred the petition of Ossian B. Hart, claiming to be entitled to the seat in the Senate now held by the Hon. Abijah Gilbert, as a Senator in Congress from the State of Florida, submitted a report (No. 101), accompanied by the following resolution. [Resolution found at end of report.]

REPORT OF COMMITTEE.

[The committee consisted of Messrs. Trumbull (chairman), Stewart, Edmunds, Conkling, Rice, Carpenter, and Thurman.]

IN THE SENATE OF THE UNITED STATES.

APRIL 13, 1870.—Ordered to be printed.

Mr. Trumbull, from the Committee on the Judiciary, submitted the following report: The Committee on the Judiciary, to whom was referred the petition of Ossian B. Hart, of Florida, claiming a seat in the Senate from the State of Florida for the term which commenced March 4, 1869, report as follows:

In consequence of the rebellion the State of Florida was without representation in the .Found in Senate Miscellaneous, 2d sess. 41st Cong., No. 102.