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Congressional Record. 19 1873. CONGRESSIONAL RECORD. 19 into that legislature and ratified the action of the governor in recog­ test of the minority on this floor against it, what will be the judg­ nizing it, and ratified the action of the legislature that elected .Mr. ment 'I It will be that there is a determination, right or wrong, to Spencer by going in and fusing with them and O?cnpying seats there. continue the majority of this Senate by s8ating gent.lE"men who have The body that elected Mr. Spencer was recogmzed by the governor no claims to seats, or at least seating them before their claims have first. Subsequently it was recognized by the body of men who elected been investigated, and that against the protest of gentlemen here Mr. Sykes. · who believe they are not entitled to have seats in this body. Mr. CASSERLY. I ask the Senator from Nevada if that is not just I hope that the Senate, in justice to its own reputation, in justice as broad as it is long; whether the court-hoQ.se legislature, by fusing to the people of Alabama, in justice to the people of this whole coun­ with the State-house legislature, did not acknowledge the validity of tl·y, will fail to seat as a member of this body Mr. Spencer or Mr. the latter! Anybody else until, by the judgment of the Senate, after investiga­ Mr. STEWART. No; it is longer than it is broad, because there tion, he has been declared legally entitled to his sea.t. As a member were more of the legislature who elected Mr. Spencer than of the of this body I. cannot consent that Mr. Spencer, for whom I have a other; the other went into the minority, ~nd it is the majority that kindly feeling, shall take his seat in this chamber under this state of has a right to elect, and not the minority. They preserved the same facts, until some competent committee of this House have pronounced organization-the same officers; they had the maJority, showing that upon his case. they had the right to act; and their action is the action now of all. Mr. CASSERLY. Mr. President- · They have all come to the conclusion that the body that elected Mr. Mr. CAMERON. Will the Senator give way for a momentf Spencer was the right one, and they are working there with them. Mr. CASSERLY. Certainly. The essence of the thing is that the majority of the legislature Mr. CAMERON. I tried a. little while ago to get an executive ses­ elected Mr. Spencer, and the fact that a minorit.y attempted to elect an­ sion. It is too late for that now, and therefore I move that thG other man shows that they were attempting to disorganize. The gov­ Senate adjourn. · ernor recognized the majority, and the minority attempted to elect a Mr. GOLDTHWAITE. Will the gentleman withdraw that motion man, but subsequently the minority were bound to recognize. the ma­ for a moment'l ["No."] jority,and did so; and it does not loak very well to ask that the action The motion was agreed to; and (at four o'clock and twenty-seven of the minority that attempted to elect a Senator should be put minutes p.m.) the Senate adjourned. ahead of the action of the majority. That is the fact. :¥r. SAULSBURY. Mr. President, it is very evident that this mat­ ter onght to be referred to some committee, a special committee or IN THE SENATE. the standing Committee.on Privileges and Elections. What are the facts presented in this case t The legislature of the FRIDAY, March 7, 1873. State of Alabama consists of one hundred members of the lower house Prayer by Rev. J. P. NEWMAN, D. D. and thirty-three members of the senate. The legislature which The journal of yesterday's proceedings was read and approved. elected Mr. Sykes had nineteen senators and fifty-four members of Hon. JoHN P. STOCKTON, from the State of New Jersey, appeared the house when it organized. That legislature was recognized by in his seat to-day. Governor Lindsay, then the governor of Alabama. Each house had a lawful quorum, organized under the Jaws of the State, and was ELECTION •OF CHAPLAIN. recognized by Governor Lindsay, then the acknowledged governor Mr. MORTON. I offer the following resolution, and ask for: its of Alabama. Thus organized, it proceeded to count the votes, and present consideration: declared the election of Governor Lewis. Governor Lewis, by ac­ Resolved, That Rev. J.P. Newman, D. D., be, and he is hereby, appointed cepting the office thus conferred upon him, recognized the legal Chaplain to the Senate. existence of that as the legal legislature of Alabama. That legis­ The resolution was considered by unanimous consent and agreed to. lature proceeded to count the votes for the State officers that now hold, and are to-day holding, their offices by virtue of an election PAPERS WITHDRAWN. at the hands of the very legislature that elected Mr. Sykes, the On motion of Mr. PRATT, it was -state treasurer, the auditor, and the other officers. They enacted Ordered, That Anne E. Spurgeon have leave to withdraw from the files of the general public laws that are yet in existence; whereas the body, Senate her petition and papers pertaining to her application for a pension. claiming to be a legislative body, which elected Mr. Spencer was con­ On motion of Mr. PRATT, it was stituted of men eleven of whom held no certificate of election, and Ordered, That Andrew Johnson have leave to withdraw.bis petition and papers who have been ruled out by the present fusion legislature as men who relative to an application for a pension from the files of the Senate. never were entitled to sit in an~ legislative body. Two of the sen­ ators who assisted in the election of Mr. Spencer are not members of On motion of Mr. SCHURZ it was the present legislature because they hold no certificate· of election, Ordered, That D. L. Duffy have leave to withdraw his petition and papers from and, lfnder the a-dvice of the Attorney-General of the United States, the files of the-Senate. they were declared wanting in qualifications and do not to-day con­ Mr. WINDOM. I ask to have the following order made: stitute part of the senate of the State of Alabama. And such is the Ordered, That John Lamb have leave to withdraw his petition and papers from fact, I am informed, in regard to members of the lower house who the files of the Senate. assisted in the election of Mr. Spencer. Mr. SCOTT. I think there was an adverse report in that case. With such a state of facts st-aring us in the face we are bound to .Mr. BUCKINGHAM. Then I suggest that ~opies of the papers be take historical notice of them. We know the fact-we cannot plead ~~ . ignorance of the fact-that those two legislative bodies have been :Mr. WINDOM. There is no objection to leaving copies. fused, and that the members hoMing certificates of election now con­ The VICE-PRESIDENT. That. is the usual order. The order will stitute the true legislature, and that after excluding the men who be made with that modification. held no certificates there never was a quorum in the legislature that Mr. WINDOM. Very well. elected Mr. Spencer. Personally, I have no unkind feelings toward Mr. Spencer; his ORDER OF BUSINESS. conduct has been courteous and gentlemanly. If I were to decide The VICE-PRESIDENT. If there be no further Senate resolutions this question upon individual merits, being acquainted· with Mr. to be offered, the resolution submitted yesterday by the Senator from Spencer and not with Mr. Sykes, I should naturally be inclined to go Indiana, [Mr. MORTON,] and laid on the table, wll now be called up. in favor of the man with whom my relations have always been Mr. MORTON. I will not ask to have that resolution taken up this friendly and kind; but looking at this as a question affecting the morning. interests of tho people of Alabama, as a question affecting the rights Mr. HOWE. Does not the unfinished business of yesterday come of the people of this whole country, (because if :Mr. Spencer is not up nowf legally entitled to cast his vote here be has no right to come in and The VICE-PRESIDENT. During the morning hour morning busi­ by his vote nullify the votes of gentlemen who are entitled to seats ness is first in order. in this body and to vote upon the public laws of this conn try,) I must Mr. HOWE. Is there a morning hour during an executive session t act on it according to my judgment of the law and the facts. The VICE-PRESIDENT. The Chair believes that in an executive And now with this state of facts staring ns in the face, how can session of the Senate petitions and Senate resolutions would be first we justify ourselves before the world, how can we justify ourselves in order in the morning hour. before the people of this country in seating in our body a gentleman Mr. HOWE. I did not suppose that anything in the nature of le~­ · when the facts of the case clearly show that the legislative body lative business could be transacted during a merely executive sessiOn which conferred upon him an election was wholly illegal, ha-s gone of the Senate.
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