preted as evidence of the approval or disapproval thereof; and granting leave to Mr. Patterson to make a statement for publication in the Congressional Record; and, Pending debate,

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

[The debate is found on pages 193-197 of the Congressional Record, vol. i.]

WEDNESDAY, March 26, 1873.

On motion by Mr. Anthony, the Senate resumed the consideration of the resolution submitted by him on the 14th instant, declaring that the failure of the Senate to consider the resolution for the expulsion of J. W. Patterson from the Senate shall not be interpreted as evidence of the approval or disapproval thereof, and granting leave to Mr. Patterson to make a statement for publication in the Congressional Record; and

The resolution having been amended on the motion of Mr. Morrill, of Maine, it was agreed to, as follows:

"Whereas at the last session of the Senate a resolution was reported from the select committee on evidence affecting certain members of the Senate, 'that James W. Patterson be, and he is hereby, expelled from his seat as a member of the Senate'; and

"Whereas it was manifestly impossible to consider this resolution at that session without serious detriment to the public business; and

"Whereas it is very questionable if it be competent for the Senate to consider the same after Mr. Patterson has ceased to be a member of the body: Therefore,

"Resolved, That the pamphlet entitled 'Observations on the report of the committee of the Senate of the United States respecting the Credit Mobilier of America,' submitted by Mr. Patterson, be received, filed, and printed with the report of said committee." [The debate is found on page 204 of the Congressional Record, vol. i.]

INDEX.

ACT OF 1866.

1. An election by a convention composed of a majority of one house of a State legis-
lature and less than half of the members of the other, the latter house having
adjourned for the day, held invalid.--James Harlan, 139.

2 An election at an adjourned meeting of a convention composed of a minority of
the members of one house of the State legislature but of a majority of the
members of the two houses, held valid.-Fitch and Bright, 148.

3. A concurrent majority of each house of the legislature not necessary for an elec-
tion under the law of Pennsylvania or the practice under the constitution.--
Simon Cameron, 168.

4. A Senator elected by a joint convention on the third day after the "second Tues-
day after its organization," the preceding days being occupied by the elec-
tions of Senators to fill existing vacancies, held duly elected.-Hart vs. Gil-
bert, 282.

5. Act of 1866 held designed only to determine when proceedings for the election of
Senators should begin and not to require action on the same day in regard to
every Senator to be elected.-Hart vs. Gilbert, 282.

6. Senator elected by a legislature, at the first session after its organization, admit-
ted, though that legislature had another session before the term for which he
was elected began.-Reynolds vs. Hamilton, 285.

7. A legislature elected previous to the expiration of a Senatorial term though it
organize after the expiration of the term, is the legislature "chosen next pre-
ceding the expiration."-Norwood vs. Blodgett, 293.

8. A Senator elected by a joint convention comprising a majority of the members of
the legislature, but not a majority of each house, and in which one house
refuses to take part, admitted.-James B. Eustis, 464.

9. A Senator elected by a joint convention comprising less than a quorum of one
house but a majority of all the members of both houses, admitted.—Spofford vs.
Kellogg, 471.

10. Report made in favor of claim of person elected by a majority of the members
certified by the proper authority as duly elected, though by less than a majority
of all the members to be chosen.-Corbin vs. Butler, 541.

11. The fact that a legislature did not proceed on the second Tuesday after notice
of a vacancy to vote in each branch to fill the vacancy held not to deprive the
legislature of its right to elect.-Lapham and Miller, 601.

12. The failure of a quorum of one branch to be present on one of the days when
the joint convention meets for the election of Senators, no election resulting
on that day, held not to invalidate an election subsequently made.-Lap-
ham and Miller, 601.

13. A majority of the whole legislature not necessary to an election, a quorum of
each house being present and a majority of that quorum actually voting for
the members elected.-Lapham and Miller, 601.

14. A legislature convened in special session by proclamation of the governor, under
a power to convene the legislature for purposes mentioned in the proclamation,
is bound to elect a Senator to fill a vacancy, though that is not one of the
specified objects of the proclamation.-Lucas vs. Faulkner, 626.

15. A branch of a State legislature having a presiding officer ex officio and a clerk pro
tempore, the members being sworn, is "organized" within the meaning of the
act regulating the time of electing Senators.-Clagett vs. Dubois, 668.

16. A Senator elected by a joint convention composed of a majority of all the mem-
bers of the legislature, but not of a majority of the members of each house, held
duly elected, the joint convention being a body distinct from either house, with
a quorum of its own.-Davidson vs. Call, 710.

See STATES IN REBELLION.