GALES & SEATON'S Register of Debates in Congress. TWENTY-THIRD CONGRESS....FIRST SESSION: FROM DECEMBER 2, 1833, TO JUNE 30, 1834. DEBATES IN THE SENATE. At 12 o'clock, the PRESIDENT protem., the Hon. HUGH L. WHITE, of Tennessee, in the absence of the Vice President, called the Senate to order. The CHAIR presented the credentials of ELISHA R. POT. TER, elected a Senator from Rhode Island, for which State ASHER ROBBINS had been previously elected, and had, in pursuance of such election, taken his seat in the Senate; and also a certificate that the election of the said ASHER ROBBINS was null and void; which documents were read. In the case marked with an (*) the seat was claimed by both o the gentk men named. VOL. X.-1 The CHAIR then stated the fact of Mr. ROBBINS having been returned as elected, and his credentials read at the last session, and left it to the Senate to determine on the course to be pursued as to the qualifying of either of those gentlemen. Mr. POINDEXTER rose and said, that it was not his intention to offer any opinion on the merits of the course which had been adopted by the State of Rhode Island, but merely to say, that it seemed to him to be a matter of course that the Senator first elected, and whose credentials were presented at the last session of the Senate, should be permitted to approach the Chair and take the oath, and that the other gentleman, who contests the election of Mr. ROBBINS, should present his credentials either to the Committee on Elections or the Committee on the Judiciary, and that the Senate should afterwards receive the report of that committee, and determine which of the gentlemen is duly elected. But he was not prepared at this time to question the election of the gentleman whose credentials were before the Senate at the last session, until a committee of the Senate should have decided that he was not fairly elected. He was not prepared at present to offer an opinion on these points, but he thought that the Senator in his seat should approach and take the oath. He then moved that Mr. ROBBINS do take the customary oath. Mr. CLAY suggested the propriety of making the collateral motion, that the credentials of Mr. POTTER be laid on the table. On motion of Mr. POINDEXTER, it was then ordered that the credentials of Mr. POTTER do lie on the table. Mr. KING thought it would be the most proper course to leave both the gentlemen where they were, until it should be determined which was entitled to the seat. He adverted to the practice of the House, in referring cases of contested elections to the Committee on Elections, whose report had sometimes the effect of ousting the sitwould be better that neither of the individuals should be ting member. As this was a novel case, he thought it qualified until it should be determined who was entitled to the seat. It might happen that an important question would be determined by a single vote; and in that case, if it should be afterwards discovered that a member was illegally admitted to a seat, the decision might be vitiated. He suggested that, for the present, the credentials of Mr. ROBBINS should also lie on the table, and that neither should be qualified. Mr. CLAY admitted the delicacy of the question now presented to the Senate, but expressed a hope that it would be examined with a becoming firmness, and a resolution to act justly. At present, Rhode Island stood in the Senate with three representatives; and he was willing to admit that, if he had the power, there was no State in the Union to which he would be more ready to allow a triple representation. But the constitution prescribed a restriction, and she could only have her two Senators. The Senator from Alabama had complained that it would be doing injustice to the State to admit her three Senators, and therefore he desired to limit her to one Senator. That would be a course in opposition to the rights of that State, and of every other State in the Union, because the State of Rhode Island had a right to her two voices on that floor, and on every question, and the Senator could not say that she should have but one. [DEC. 2, 1833. for the admission to his seat of the gentleman who was first elected, and for leaving the validity of the right to be afterwards examined by a committee of the Senate. Mr. KING congratulated the Senator from Kentucky on the knowledge which he had acquired of this case. For his part, he had not made himself so well acquainted with the facts, and he was not so well prepared to argue the question, and to decide who was entitled to the seat under the constitution, laws, and usages of Rhode Island. He wished to act in such manner as would be perfectly fair and respectful to the State, and to the gentlemen claiming the seat. It was his wish that the State should be represented by the Senator she had duly electedhe would not say who that was; it might be this gentleman, or it might be the other. He thought it would be well, as it was a novel case, to refer it to a select committee; and whenever the report of that committee should be submitted, he would be prepared to say which of the gentlemen was, in his opinion, entitled to the seat. If the State was to be deprived of a Senator, it was the fault of the State herself. He was prepared to give her all she was entitled to, but no more. She was entitled to her representatives on this floor who were constitutionally It was not only the right of Rhode Island, but of every elected. But who were they? There was no dispute as State, to have two voices on every question which could to one of the Senators of the State. As to the other, arise; and the first act of the Senate, by which the States whose credentials were presented at the last session, his could be secured in this right, was the verification of claims were contested. His credentials were, it was true, those who composed that body. It was the right, and presented last session, in the common form, and were the imperative duty of the Senate, to say who were to be received without any examination, as was usual. In this the Senators, and who were the individuals to be asso-way it was impossible to know the authenticity of any creciated in the performance of the important duties which dentials. They were received by the Senate as a matter devolved upon them. It was now the time to decide (not of course, and no one could be prepared to say whether conclusively, he admitted) which were the two members documents presented in this manner were genuine or from the State of Rhode Island to be admitted to their forged. He referred to the practice of the House of Repseats. The question would then come up, as to the ulti-resentatives in cases of contested elections, and stated that mate right of either of the contesting members. On this there an individual, whose right was contested, did not question he was, perhaps, as well prepared to give his opin- take his seat until he had established it. With the genion now as at any time, having, by examination, made tleman first elected he had the pleasure of an intimate himself acquainted with the whole subject. But the pro-acquaintance, and, if his right to the seat should be deper course, at this time, was to determine who should clared valid, he should be glad to continue that intercourse. have the temporary occupation of the seat which was con- He was not prepared, however, at this moment, to go into tested. By the laws of Rhode Island, a time had been ap- an argument on the question whether, under the constipointed for the election of United States' Senators; by the tution, laws, and usages of Rhode Island, that gentleman laws, that time had been fixed previous to the expiration was duly elected or not. If the gentleman from Kenof the term of the existing Senators; by the laws, the tucky was prepared to go into the question, he would election of Senator had taken place prior to the 4th of confess that he was not ready to say who was the proper March last; and, in conformity to these laws, Mr. ROBBINS person to be qualified. He hoped there would be no had been elected, his credentials were certified, presented precipitancy, but that the subject would be referred to a to the Senate, recognised, and recorded. So far, there- select committee for examination. fore, every thing was conducted in conformity with the Mr. CHAMBERS observed that the Senate was perconstitution and the laws of Rhode Island. In the month haps placed in rather a delicate situation, and should, of October last, another session of the General Assembly therefore, do no act to the prejudice of those who, like of the State was held, and, without waiting to see if the himself, had not given the subject a sufficient examination United States' Senate would pronounce the election of Mr. to enable them to come to a correct conclusion. The reROBBINS valid, they pronounced it to be invalid; thus, by mark was certainly true that the State of Rhode Island their own act, and without any consultation with the Unit- was entitled to be at once properly represented on that ed States' Senate, declaring the first election null and void, floor; and a case had been put by the Senator from Alaand electing another Senator, who had now presented his bama, by which she might be prevented from having credentials. The gentleman first elected, and who had more than one voice; but this, Mr. C. said, could not be in the prima facie right to his seat, had, in conformity to consequence of any act of the Senate. Other cases might law, presented his credentials; his was the prior, and arise which would leave to a State but one Senator to therefore the valid deed; and therefore, in compliance represent her; a death or a resignation would create a with every law and usage, he ought to be admitted. But vacancy which could only be filled by the constitutional he desired it to be understood that, in taking this course, mode of election; but in such cases the Senate of the he desired to do nothing which would preclude to the United States could not in the slightest degree be culpaother gentleman the privilege of a full investigation of his ble. Was the Senator from Alabama prepared to say that right. He had used the term prima facie, and he re- the State of Rhode Island should not be properly reprequested the Senate to look at the credentials presented sented on that floor, because the question of right to one by Mr. POTTER, which admitted on their face the pre- of her seats was still undecided? For his part, Mr. C. vious election, the validity of which it disputed, on the said he was not prepared to come to any such decision. ground of some non-conformity to forms. He had, how- If there were no parallel case precisely similar to the preever, risen only, without meaning to express any opinion sent, there were certainly some plain landmarks by as to the ultimate right of either of the members, to votel which their course might be guided. There were analo |