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CONTENTS.

Introduction:

1. Extracts from the Debates in the Federal Convention of 1787.

2. Extracts from the Constitution..

3. Extracts from acts of 1860, 1911, and 1912.

4. Table of cases referred to the Committee on Privileges and Elections

and reported on.

I. Cases concerning the power of executives of States to fill vacancies:

1. Kensey Johns, of Delaware (1794)

2. Uriah Tracy, of Connecticut (1801)

3. Samuel Smith, of Maryland (1809)

4. James Lanman, of Connecticut (1825).

5. Ambrose H. Sevier, of Arkansas (1836–37).

6. Robert C. Winthrop, of Massachusetts (1851)

7. Archibald Dixon, of Kentucky (1852–53)
8. Samuel S. Phelps, of Vermont (1853–54)

9. Jared W. Williams, of New Hampshire (1853–54)

10. Charles H. Bell, of New Hampshire (1879)

11. Henry W. Blair, of New Hampshire (1885)

12. Horace Chilton, of Texas (1891–92).

13. Lee Mantle, of Montana (1893)..

14. Asahel C. Beckwith, of Wyoming (1893).

15. John B. Allen, of Washington (1893).

16. Henry W. Corbett, of Oregon (1897-98)

17. Andrew T. Wood, of Kentucky (1897)

18. John A. Henderson, of Florida (1897)

19. Matthew S. Quay, of Pennsylvania (1899–1900)

20. Martin Maginnis v. William A. Clark, of Montana (1900)

21. List of Senators appointed by governors of States..

II. Miscellaneous cases:

1. Albert Gallatin, of Pennsylvania (1793–94).

2. Humphrey Marshall, of Kentucky (1796).

3. William Blout and William Cocke, of Tennessee (1796).

4. Stanley Griswold, of Ohio (1809)..

5. Jesse Bledsoe, of Kentucky (1815)

6. Ephraim Bateman, of New Jersey (1827-28).

7. Elisha R. Potter v. Asher Robbins, of Rhode Island (1833-34)

8. John M. Niles, of Connecticut (1844)

9. James Shields, of Illinois (1849)

10. David L. Yulle v. Stephen R. Mallory, of Florida (1851-52).

11. Lyman Trumbull, of Ilinois (1855–56)..

12. James Harlan, of Iowa (1855–1857).

13. Fitch and Bright v. Lane and McCarty, of Indiana (1857-1859)

14. Simon Cameron, of Pennsylvania (1857)

15. James Shields, of Minnesota (1858)

16. Waitman T. Willey and John S. Carlile, of Virginia (1861)

17. Frederic P. Stanton v. James H. Lane, of Kansas (1861-62).

18. Benjamin Stark, of Oregon (1862)

19. William M. Fishback, Elisha Baxter, and William D. Snow, of Arkan-

sas (1864–65).

20. R. King Cutler, Charles Smith, and Michael Hahn, of Louisiana (1864-

65)..

21. Joseph Segar and John C. Underwood, of Virginia (1865–1884).

22. John P. Stockton, of New Jersey (1865-66)

23. David T. Patterson, of Tennessee (1866)..

24. Philip F. Thomas, of Maryland (1867-68)

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II. Miscellaneous cases—Continued.

Page.

25. John T. Jones, Augustus H. Garland v. Alexander McDonald, Benja-

min F. Rice, of Arkansas (1868)..

340

26. William Marvin v. Thomas W. Osborn, of Florida (1868).

341

27. Joshua Hill, H. V. M. Miller v. Richard H. Whiteley, Henry P. Farrow,

of Georgia (1868-1871).

343

28. H. R. Revels, of Mississippi (1870)

370

29. Adelbert Ames, of Mississippi (1870).

375

30. Ossian B. Hart v. Abijah Gilbert, of Florida (1870)..

378

31. Joseph J. Reynolds v. Morgan C. Hamilton, of Texas (1870–71).

381

32. George Goldthwaite, of Alabama (1871-72)...

384

33. Thomas M. Norwood v. Foster Blodgett, of Georgia (1871-72).

389

34. Matt W. Ransom v. Joseph C. Abbott, of North Carolina (1871-72). 396

35. S. C. Pomeroy and Alexander Caldwell, of Kansas (1872-73)..

426

36. Powell Clayton, of Arkansas (1872–73).

444

37. The Louisiana Cases (1873–1880).

481

38. Lewis V. Bogy, of Missouri (1873).

609

39. Francis W. Sykes v. George E. Spencer, of Alabama (1872-1885).

611

40. L. Q. C. Lamar, of Mississippi (1877).

634

41. John T. Morgan, of Alabama (1877).

636

42. David T. Corbin v. M. C. Butler, of South Carolina (1877-79).

637

43. La Fayette Grover, of Oregon (1877–78).

661

44. Stanley Matthews, of Ohio (1878–79).

670

45. John J. Ingalls, of Kansas (1879–80).

692

46. Elbridge G. Lapham and Warner Miller, of New York (1881).

697

47. Henry B. Payne, of Ohio (1885–86).

700

48. David Turpie, of Indiana (1887–88).

719

49. Daniel B. Lucas v. Charles J. Faulkner, of West Virginia (1887)

722

50. Clark and Maginnis v. Sanders and Power, of Montana (1890).

727

51. George L. Shoup and William J. McConnell, of Idaho (1890).

761

52. Fred T. Dubois, of Idaho (1890–91).

763

53. William H. Clagett v. Fred T. Dubois, of Idaho (1891–92)..

764

54. Wilkinson Call, of Florida (1891)...

805

55. R. H. M. Davidson v. Wilkinson Call, of Florida (1892).

806

56. William N. Roach, of North Dakota (1893).

809

57. Joseph W. Ady v. John Martin, of Kansas (1893–95)

812

58. Warren T. Reese, of Alabama (1895).

817

59. Henry A. Du Pont, of Delaware (1895–97)

818

60. John E. Addicks v. Richard R. Kenney, of Delaware (1897).

875

61. Marcus A. Hanna, of Ohio (1898–1900).

878

62. Nathan B. Scott, of West Virginia (1899–1900).

888

63. William A. Clark, of Montana (1899–1901).

906

64. Reed Smoot, of Utah (1903–1907)..

928

65. Charles H. Dietrich, of Nebraska (1904).

987

66. James A. Hemenway, of Indiana (1905).

993

67. Joseph R. Burton, of Kansas (1906).

995

68. John W. Smith, of Maryland (1908).

996

69. William Lorimer, of Illinois (first investigation) (1910–11)

1002

70. William Lorimer, of Illinois (second in vestigation) (1911-12)

1026

71. Isaac Stephenson, of Wisconsin (1911–12).

1114

72. Henry A. du Pont, of Delaware (1912)

1156

73. Clarence W. Watson and William E. Chilton, of West Virginia (1912-13). 1159

III. Expulsion of Senators:

1. William Blount, of Tennessee (1797).

1165

2. John Smith, of Ohio (1807-8)..

1170

3. Henry M. Rice, of Minnesota (1858).

1185

4. Jefferson Davis and other Senators from the States of Mississippi,

Florida, Alabama, Georgia, and Louisiana (1861).

1187

5. Louis T. Wigfall, of Texas (1861)....,

1190

6. James M. Mason and other Senators from the States of Virginia, North

(arolina, South Carolina, Tennessee, Arkansas, and Texas (1861)... 1193

7. John C. Breckinridge, of Kentucky (1861)....

1195

8. Trusten Polk, of Missouri (1861–62).

1196

9. Waldo P. Johnson, of Missouri (1861–62).

1198

10. Jesse D. Bright, of Indiana (1861–62).

1200

11. Lazarus W. Powell, of Kentucky (1862).

1203

12. James F. Simmons, of Rhode Island (1862).

1206

13. James W. Patterson, of New Hampshire (1873).

1209

INTRODUCTION.

EXTRACTS FROM THE DEBATES IN THE FEDERAL CON.

VENTION.

PORTIONS OF THE REPORT OF TIE COMMITTEE OF DETAIL, MADE AUGUST 6, 1787, RELATING TO THE ELECTION AND QUALIFICATIONS OF SENATORS.

ART. V.-SECT. 1. The Senate of the United States shall be chosen by the legislatures of the several States. Each legislature shall choose two members. Vacancies may be supplied by the executive until the next meeting of the legislature. Each member shall have one vote.

SECT. 2. The Senators shall be chosen for six years; but immediately after the first election they shall be divided, by lot, into three classes, as nearly as may be, numbered one, two, and three. The seats of the members of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; of the third class at the expiration of the sixth year; so that a third part of the members may be chosen every second year.

SECT.3. Every member of the Senate shall be of the age of thirty years at least; shall have been a citizen in the United States for at least four years before his election; and shall be, at the time of his election, a resident of the State for which he shall be chosen.

SECT. 4. The Senate shall choose its own President and other officers.

ART. VI.-SECT. 1. The times, and places, and manner of holding the elections of the members of each House shall be prescribed by the legislature of each State; but their provisions concerning them may, at any time, be altered by the Legislature of the United States.

SECT. 2. The Legislature of the United States shall have authority to establish such uniform qualifications of the members of each House with regard to property as to the said legislature shall seem expedient.

SECT. 3. In each House a majority of the members shall constitute a quorum to do business; but a smaller number may adjourn from day to day.

Sect. 4. Each House shall be the judge of the elections, returns, and qualifications of its own members.

SECT. 5. Freedom of speech and debate in the legislature shall not be impeached or questioned in any court or place out of the legislature; and the inembers of each House shall, in all cases, except treason, felony, and breach of the peace, be privileged froin arrest during their attendance at Congress and in going to and returning from it.

Sect. 6. Each Ülouse may determine the rules of its proceedings; may punish its members for disorderly behavior; and may expel a inember.

SECT. 7. The House of Representatives, and the Senate when it shall be acting in a legislative capacity, shall keep a journal of their proceedings; and shall, from time to time, publish them; and the yeas and nays of the members of each House on any question shall, at the desire of one-fifth part of the members present, be entered on the Journal,

SECT. 8. Neither House, without the consent of the other, shall adjourn for more than three days, nor to any other place than that at which the two Houses are sitting. But this regulation shall not extend to the Senate when it shall exercise the powers mentioned in the article.

SECT. 9. The members of each House shall be ineligible to, and incapable of bolding, any office under the authority of the United States during the time for which they shall respectively be elected; and the members of the Senate shall be ineligible to, and incapable of hold. ing, any such office for one year afterwards.

SECT. 10. The members of each House shall receive a compensation for their services, to be ascertained and paid by the State in which they shall be chosen.

DEBATES.

THURSDAY, August 9, 1787. Article V, section 1, was then taken up.

Mr. Wilson objected to vacancies in the Senate being supplied by the executives of the States. It was unnecessary, as the legislatures will meet so frequently. It removes the appointment too far from the people, the executives in most of the States being elected by the legislatures. As he had always thought the appointment of the executive by the legislative department wrong, so it was still more so that the execu. tive should elect into the legislative department.

Mr. Randolph thought it necessary, in order to prevent inconvenient chasms in the Senate. In some States the legislatures meet but once a year. As the Senate will have more power, and consist of a smaller number than the other House, vacancies there will be of more consequence. The executives might be safely trusted, he thought, with the appointment for so short a time.

Mr. ELLSWORTH. It is only said that the executive may supply vacancies. When the legislative meeting happens to be near the power will not be exerted. As there will be but two members from a State vacancies may be of great moment.

Mr. WILLIAMSON. Senators may resign or not accept. This provi. sion is therefore absolutely necessary.

On the question for striking out“ vacancies shall be supplied by the executives

Pennsylvania, ay, 1; New Hampshire, Massachusetts, Connecticut, New Jersey, Virginia, North Carolina, South Carolina, Georgia, no, 8; Maryland, divided.

Mr. Williamson moved to insert after “vacancies shall be supplied by the executives," the words, "unless other provisions shall be made by the legislature" (of the State).

Mr. ELLSWORTH. He was willing to trust the legislature or the exec. utive of a State, but not to give the former a discretion to refer appointments for the Senate to whom they pleased.

On the question on Mr. Williamson's motion

Maryland, North Carolina, South Carolina, Georgia, ay, 4; New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Vir ginia, no, 6.

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