PREFACE.

Two compilations of Senate election cases have been made, one by Messrs Clarke and Hall, consisting of cases from 1789 to 1834, and one by Mr. D. W. Bartlett, consisting of cases from 1834 to 1865. Each of these compilations made up but a small part of volumes containing in addition the contested-election cases in the House of Representatives for the respective periods. This volume contains the Senate cases from 1789 to December, 1885. I have not made use of the early compilations referred to, for the reason that, inasmuch as this volume is confined to Senate cases and so more limited in its scope, I have been able to take up more cases of minor importance than are reported in the early compilations, and to include in the important cases more of the matter comprising their history than is found in the reports of the same cases in the early compilations.

The volume contains not only contested cases, strictly speaking, but all cases in which the right to a seat of any person who has presented credentials has been questioned in such a manner that the Senate has deemed proper to investigate or to discuss the question.

The general plan in making up the cases has been to give the reports of committees, majority and minority, in all cases in which there were reports; transcripts from the journals of the proceedings of the Senate relating to them; and inserted references to the debates of each day. In those cases in which there were no reports, extracts from debates have usually been given. In a few of the early cases, in which the reported debates are brief, the whole debate is given. Each case is accompanied by a head-note stating the points in question and the action of the Senate.

I have separated into a class by themselves those cases involving the question of the powers of governors of States to fill vacancies; and in connection with these cases is given a list, prepared from the credentials on file, of all the appointments of Senators by governors. It was my original purpose to make a separate class of the expulsion cases, and to make certain other divisions into classes, but as certain of the

cases involve several different questions, it seemed better to arrange them all, with the exception of the class first referred to, chronologically. An introduction contains extracts from the debates in the Federal Convention of 1787, taken from the Madison Papers, on such parts of the Constitution as relate to the election and qualifications of Senators; extracts from the Constitution relating to the same; and the act of July 26, 1866, relating to the election of Senators.

WASHINGTON, December 1, 1885.

GEORGE S. TAFT.

PREFACE TO THE SECOND EDITION.

In preparing this second edition of the Senate Election Cases, I have done little more than to continue the work of Mr. Taft. The cases which have arisen since December, 1885, have been added in their chronological order, with the exception of the case of Mr. Chilton, which has been inserted with the cases concerning the power of executives of States to fill vacancies. In one respect I have varied Mr. Taft's arrangement. I have followed in part what he states in his preface was his original plan, and have placed in a group by themselves the cases of expulsion, as they differ distinctly from the cases in which the right to a seat is contested. The form of the reports of the cases is the same as that adopted in the first edition. The index has been carefully revised and enlarged, thereby, it is hoped, increasing the value of the collection very materially.

GEORGE P. FURBER.

WASHINGTON, D. C., March 3, 1893.

INTRODUCTION.

EXTRACTS FROM THE DEBATES IN THE FEDERAL CONVENTION.

PORTIONS OF THE REPORT OF THE 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 members of each House shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at Congress and in going to and returning from it.

SECT. 6. Each House may determine the rules of its proceedings; may punish its members for disorderly behavior; and may expel a member.

SECT. 7. The House of Representatives, and the Senate when it shall be acting in a legislative capacity, shall keep a journal of their proceed