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[Forty-second Congress-First and second sessions.]

GEORGE GOLDTHWAITE,

Senator from Alabama from January 15, 1872, till March 3, 1877.

February 6, 1871, the credentials of Mr. Goldthwaite, elected for the term beginning March 4, 1871, were presented. March 4, a protest of members of the legislature of Alabama against his admission to a seat in the Senate was presented; which, with the credentials, was ordered to lie on the table. March 13, the credentials and protest were referred to the Committee on Privileges and Elections. March 20, the committee reported that there would not be time at that session of Congress fully to consider the grounds upon which his right to a seat was contested, and reported a resolution that he be permitted to take his seat, and that the committee proceed thereafter to consider the grounds of the protest and report to the Senate thereon. This report and resolution included the case of Foster Blodgett, of Georgia, it being unanimous as to Mr. Goldthwaite, two dissenting as to Mr. Blodg ett. A motion was made to amend the resolution by striking out the name of Foster Blodgett, but after debate it was ordered that the resolution lie on the table. January 9, 1872, in the next session of Congress, the case of Mr. Blodgett having been disposed of, the Senate resolved "that George Goldthwaite be permitted to take a seat in this body as a Senator from the State of Alabama upon taking the proper oath; and that the Committee on Privileges and Elections procced hereafter to consider the grounds on which his right to a seat in the Senate is contested, and hereafter make report to the Senate thereon." January 15, Mr. Goldhwaite took his seat. No finther report was made on the case, and the Senate took no further action in regard to it. The chaf grounds of the protest (given below) were that some of the members of the legislature voi ng for Mr. Goldthwaite were not legally elected, having been either defeated as the polls or having procured their elections through fraud; that one member voting for Mr. Goldthwaite had no certificate of election to the legislature; that some members voting for him were under political disabilities.

The history of the case here given consists of a transcript of the proceedings of the Senate relating to it from Senate Journals, 3d sess. 41st Cong., and 1st and 2d sess. 42d Cong.; the report of the committee from Senate Reports, 42d Cong., 1st sess., No. 3; and a copy of the protest above referred to from the Congressional Globe, part 1, 1st sess. 42d Cong., pages 1,2. Special references to the debates of each day are inserted below.

[Third session of the Forty-first Congress.]

MONDAY, February 6, 1871.

Mr. Spencer presented the credentials of George Goldthwaite, elected a Senator by the legislature of the State of Alabama for the term of six years commencing on the 4th of March, 1871.

The credentials were read.

[First session of the Forty-second Congress.]

MONDAY, March 4, 1871.

Mr. George Goldthwaite, whose credentials were presented on the 6th day of February last, appeared to take the oaths prescribed by law, when

Mr. Sherman presented a protest signed by forty-five members of the senate and house of representatives of the legislature of the State of Alabama against the admission of George Goldthwaite to a seat in the Senate as a Senator from said State; which was read.

After debate,

On motion by Mr. Sherman,

Ordered, That the protest, with the credentials of Mr. Goldthwaite, lie upon the table.

[The debate is found on pages 1-4 of the Congressional Globe, part 1, 1st sess. 42d Cong.]

Protest of members of the Alabama legislature against the admission of Mr. Goldthwaite to a seat in the Senate.

To the Senate of the United States:

MONTGOMERY, ALA., January 26, 1871.

The subscribers, members of the senate and house of representatives of the State of Alabama, respectfully represent:

That they protest against the admission of Hon. George Goldthwaite to the Senate of

the United States as a Senator from Alabama, on the grounds that he was not elected by a majority of the legal votes of the joint meeting of the legislature. He was declared elected by the following vote: For George Goldthwaite, 65 votes; for Willard Warner, 50; for William J. Haralson, 14 votes. It will be seen that 65 votes constitute a majority of the votes cast, and that number of legal votes are necessary to an election.

We represent that Hon. George Goldthwaite did not receive that number of legal votes, as B. M. Henry, claiming to be a representative from Russell County, in said State, who voted for Hon. George Goldthwaite, was not elected by the people of said county, did not have a certificate of his election, as is required by our laws, but was defcated at the polls by several hundred, and was not legally entitled to vote for a United States Senator in said joint meeting of the legislature, which, if said illegal votes had been rejected, would have been sufficient to prevent the announcement of the election of Hon. George Goldthwaite to a seat in your honorable body.

Saul Bradford, of Talladega county, who had been rejected by the people at the ballot box, was permitted to vote for said Hon. George Goldthwaite, when in our opinion his vote should have been rejected, as he had never been legally elected a member of the legislature.

In the counties of Greene, Sumter, Lee, and other counties, the representatives of which all voted for Hon. George Goldthwaite, we have every reason to believe that the elections of said representatives were procured by intimidating the voters, and in several instances fraud added thereto, and that the gentlemen claiming to be representatives of these counties were not legally elected by the people of said counties, are not their legal representatives, and were not entitled to vote for United States Senator at the joint meeting of the general assembly.

We are informed that some of the members of the legislature who voted for Hon. George Goldthwaite are laboring under political disabilities imposed by the fourteenth amendment of the Constitution of the United States, and it is an inquiry worthy the consideration of the Senate of the United States whether Hon. George Goldthwaite is not laboring under the same disabilities for his actions during the recent rebellion of the Southern States.

Believing, therefore, that Hon. George Goldthwaite is not legally elected Senator from Alabama, we respectfully pray that the Senate of the United States may so decide, and declare his seat vacant.

[The names of the signers are here omitted.]

On motion by Mr. Anthony,

MONDAY, March 13, 1871.

Ordered, That the credentials of George Goldthwaite, and the protest of members of the legislature of the State of Alabama against the election of said Goldthwaite as a Senator of the United States by the legislature of said State, be referred to the Committee on Privileges and Elections.

MONDAY, March 20, 1871.

Mr. Stewart, from the Committee on Privileges and Elections, to whom were referred the credentials of Foster Blodgett, with the memorial of members of the legislature of the State of Georgia, protesting against the admission of said Blodgett to a seat in the Senate of the United States as a Senator from that State, and the credentials of George Goldthwaite, with the protest of sunday members of the legislature of the State of Alabama against the election of said Goldthwaite, submitted a report (No. 3) thereon, accompanied by the following resolution. [Resolution found at end of report.]

REPORT OF COMMITTEE.

IN THE SENATE OF THE UNITED STATES.

MARCH 20, 1871.-Ordered to be printed.

Mr. Stewart, from the Committee on Privileges and Elections, submitted the following report:

The Committee on Privileges and Elections, to whom were referred the credentials of George Goldthwaite, claiming a seat in this body as a Senator from the State of Alabama, and the credentials of Foster Blodgett, claiming a seat in this body as a Senator from the State of Georgia, report:

That said credentials are in due form, and prima facie entitle said Goldthwaite and Blodgett to their seats upon taking the oath prescribed by the Constitution and laws, neither of them being under any disability.

The grounds on which their right to seats are contested have not been fully considered by the committee for want of time, nor will there be sufficient time at this session to

consider them. In the opinion of your committee it would be unjust to those States and gentlemen to keep the latter out of their seats until such investigation can be had.

The committee therefore report the following resolution:

Resolved, That George Goldthwaite and Foster Blodgett be permitted to take seats in this body upon taking the proper oath; and that the Committee on Privileges and Elections proceed hereafter to consider the grounds on which their rights to seats, respectively, are contested, and hereafter make reports to the Senate thereon.

WM. M. STEWART.
O. P. MORTON.
H. HAMLIN.
B. F. RICE.

We concur in the foregoing as to Goldthwaite, but not as to Blodgett.

JOSHUA HILL.
A. G. THURMAN.

WEDNESDAY, March 22, 1871.

On motion by Mr. Stewart, the Senate proceeded to consider the resolution reported by the Committee on Privileges and Elections to admit George Goldthwaite and Foster Blodgett to seats in the Senate of the United States as Senators, respectively, from the States of Alabama and Georgia; when

Mr. Thurman called for a division of the question, so that it shall be taken first upon the admission of George Goldthwaite to his seat in the Senate as a Senator from the State of Alabama.

Pending debate,

Ordered, That the further consideration of the said resolution be postponed to to

morrow.

[The debate is found on pages 218, 219 of the Congressional Globe, part 1, 1st seas. 42d Cong.]

SATURDAY, March 25, 1871.

On motion by Mr. Stewart, the Senate resumed, &c. [The debate is found on pages 271-274 of the Congressional Globe, part 1, 1st sess. 42d Cong.]

THURSDAY, April 6, 1871.

On motion by Mr. Stewart, the Senate resumed the consideration of the resolution reported by the Committee on Privileges and Elections to permit George Goldthwaite and Foster Blodgett to take seats in the Senate of the United States, upon taking the proper oaths, as Senators respectively from the States of Alabama and Georgia; and

A division of the question having heretofore been called for by Mr. Thurman, so that a separate vote be taken on the admission of each person named in the resolution,

The Vice-President decided that the question on the resolution was not susceptible of a division, as desired by Mr. Thurman, but that the end desired by him could be attained by amendment.

On motion by Mr. Hill to amend the resolution by striking out the words "and Foster Blodgett,"

After debate,

Ordered, That the further consideration of the resolution be postponed to to-morrow. [The debate is found on pages 494-498 of the Congressional Globe, part 1, 1st sess. 42d Cong.]

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On motion by Mr. Stewart, the Senate resumed the consideration of the resolution reported by the Committee on Privileges and Elections to permit George Goldthwaite and Foster Blodgett to take seats in the Senate of the United States, upon taking the proper oaths, as Senators respectively from the States of Alabama and Georgia.

On motion by Mr. Edmunds, the Senate proceeded to the consideration of executive business.

[The debate is found on pages 506, 507 of the Congressional Globe, part 1, 1st sess. 42d Cong.]

FRIDAY, April 7, 1871.

The Senate resumed the consideration of the resolution reported by the Committee on Privileges and Elections to permit George Goldthwaite and Foster Blodgett to take seats in the Senate of the United States, upon taking the proper oaths, as Senators respectively from the States of Alabama and Georgia; and

The question being on the amendment proposed by Mr. Hill,

On motion by Mr. Anthony, and by unanimous consent, the further consideration was informally passed over.

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The Senate then again resumed the consideration of the resolution reported by the

Committee on Privileges and Elections to permit George Goldthwaite and Foster Blodgett to take seats in the Senate of the United States, upon taking the proper oaths, as Senators respectively from the States of Alabama and Georgia; and

The question being on the amendment proposed by Mr. Hill to the resolution to strike out the words "and Foster Blodgett,"

On motion by Mr. Edmunds, the Senate proceeded to the consideration of executive business.

[No debate took place.]

MONDAY, April 10, 1871.

The Senate resumed the consideration of the resolution reported by the Committee on Privileges and Elections to permit George Goldthwaite and Foster Blodgett to take seats in the Senate of the United States, upon taking the proper oaths, as Senators respectively from the States of Alabama and Georgia; and

The question being on the amendment proposed by Mr. Hill to the resolution to strike out the words "and Foster Blodgett,"

After debate,

On motion by Mr. Edmunds that the resolution lie on the table, it was determined in the negative-yeas 25, nays 26.

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

Those who voted in the affirmative are Messrs. Ames, Anthony, Boreman, Buckingham, Carpenter, Chandler, Cole, Conkling, Corbett, Edmunds, Ferry of Michigan, Frelinghuysen, Harlan, Hill, Hitchcock, Howe, Morrill of Vermont, Patterson, Pratt, Sawyer, Scott, Sherman, Tipton, Trumbull, and Windom.

Those who voted in the negative are Messrs. Bayard, Brownlow, Cameron, Casserly, Clayton, Cooper, Cragin, Davis, Gilbert, Hamlin, Johnston, Kelly, Morton, Nye, Osborn, Ramsey, Saulsbury, Schurz, Spencer, Stevenson, Stewart, Stockton, Sumner, Thurman, West, and Wright.

So the motion to lay the resolution on the table was not agreed to; and

Pending further debate,

Mr. Thurman raised a question of order, namely: That in discussing the question before the Senate debate upon the question whether Foster Blodgett or Joshua Hill had or had not committed perjury was not in order.

The Vice-President sustained the point of order raised by Mr. Thurman, and ruled the debate on that question out of order; and

After further debate,

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

[The debate which took place, pages 540-558 of the Congressioual Globe, part 1, 1st sess. 42d Cong., was wholly on the case of Mr. Blodgett.]

TUESDAY, April 11, 1871.

The Senate resumed the consideration of the resolution reported by the Committee on Privileges and Elections to permit George Goldthwaite and Foster Blodgett to take seats in the Senate of the United States, upon taking the proper oaths, as Senators, rerespectively, from the States of Alabama and Georgia; and

The question being on the amendment proposed by Mr. Hill to the resolution to strike out the words "and Foster Blodgett,

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On motion by Mr. Edmunds that the resolution lie on the table, it was determined in the affirmative-yeas 19, nays 17.

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

Those who voted in the affirmative are Messrs. Ames, Anthony, Boreman, Carpenter, Chandler, Cole, Conkling, Davis of West Virginia, Edmunds, Harlan, Hill, Kelly, Morrill of Maine, Pratt, Scott, Sherman, Tipton, Wilson, and Wright.

Those who voted in the negative are Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Gilbert, Hamilton of Maryland, Hamlin, Johnston, Morton, Rice, Robertson, Saulsbury, Schurz, Stevenson, Stockton, and Wickers.

So the resolution was ordered to lie on the table.

[No debate took place.]

[Second session of the Forty-second Congress.]

THURSDAY, December 21, 1871.

Mr. Thurman submitted the following resolution for consideration: "Resolved, That George Goldthwaite be permitted to take a seat in this body as a Senator from the State of Alabama, upon taking the oath, and that the Committee on

Privileges and Elections proceed hereafter to consider the grounds on which his right to a seat is contested, and hereafter make report to the Senate thereon."

[The debate is found on pages 261, 262 of the Congressional Globe, part 1, 2d sess. 42d Cong.]

TUESDAY, January 9, 1872.

On motion by Mr. Thurman that the Senate proceed to the consideration of the resolution reported from the Committee on Privileges and Elections on the 20th of March last, to admit George Goldthwaite and Foster Blodgett to seats in the Senate as Senators, respectively, from the States of Alabama and Georgia, it was determined in the affirmative, and the Senate resumed the consideration of the said resolution.

On the question to agree to the resolution, which is in the following words: "Resolved, That George Goldthwaite and Foster Blodgett be permitted to take seats in this body upon taking the proper oath; and that the Committee on Privileges and Elections proceed hereafter to consider the grounds on which their rights to seats, respectively, are contested, and hereafter make reports to the Senate thereon,"

On motion by Mr. Thurman to amend the resolution by striking out all after the word "resolved," and in lieu thereof inserting:

"That George Goldthwaite be permitted to take a seat in this body as a Senator from the State of Alabama upon taking the proper oath; and that the Committee on Privileges and Elections proceed hereafter to consider the grounds on which his right to a seat is contested, and hereafter make report to the Senate thereon,"

It was determined in the affirmative; and

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

So the resolution as amended was agreed to.

[The debate is found on pages 319, 320 of the Congressional Globe, part 1, 2d sess. 42d Cong.]

MONDAY, January 15, 1872.

Mr. George Goldthwaite, from the State of Alabama, attended, and the oaths prescribed by law were administered to him by the Vice-President, and he took his seat in the Senate.

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