On motion by Mr. Spencer, the yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are Messrs. Allison, Anthony, Bailey, Barnum, Bayard, Beck, Blaine, Bogy, Booth, Bruce, Burnside, Chaffee, Christiancy, Cockrell, Coke. Conkling, Conover, Davis of Illinois, Davis of West Virginia, Dawes, Dennis, Eaton, Garland, Gordon, Harris, Hereford, Hill, Hoar, Howe, Johnston, Jones of Florida, Jones of Nevada, Kernan, Kirkwood, McCreery, McDonald, McMillan, McPherson, Maxey, Mitchell, Morrill, Morton, Oglesby, Paddock, Patterson, Plumb, Randolph, Ransom, Saulsbury, Saunders, Sharon, Sherman, Teller, Thurman, Wallace, Whyte, and Withers. The Senator who voted in the negative is Mr. Wadleigh. So it was Resolved, That the credentials of L. Q. C. Lamar, Senator-elect from the State of Mississippi, be taken from the table and that he be sworn. Whereupon The oaths prescribed by law were administered to Mr. Lamar by the Vice-President. and he took his seat in the Senate. [Special session of the Senate, March, 1877.] JOHN T. MORGAN, Senator from Alabama from March 8, 1877. [Held seat until death in 1907.] Mr. Morgan was first elected for the term beginning March 4, 1877. Objection being made March 5, 1877, to the oaths of office being administered to him, his credentials were laid on the table. The credentials were taken from the table March 8, after debate, and he was sworn. It appears from the debate that objection was made to his admission on the ground that the legislature elected in August, 1876-the one electing Mr. Morgan-had been fraudulently elected, and were not representatives of the people. (An investigation into the Alabama elections of 1876 had been made by the Committee on Privileges and Elections, and a report thereon submitted to the Senate March 3, 1877.) It further appears that the Senate proceeded upon the ground that Mr. Morgan had at least a prima facie title to the seat. The history of the case here given consists of a transcript of the proceedings of the Senate relating to it from Senate Journal, 44th Cong., 2d sess. (special session, March, 1877). The debates are found on pages 24-31 of the Congressional Record, vol. vi. TUESDAY, February 27, 1877. Mr. Gordon presented the credentials of John T. Morgan, elected a Senator by the legislature of Alabama for the term of six years commencing March 4, 1877; which were read. MONDAY, March 5, 1877. Mr. Anthony submitted the following resolution; which was considered by unanimous consent, and agreed to: "Resolved, That the credentials of Senators-elect in all disputed or contested cases lie upon the table until to-morrow." Objection under the foregoing resolution having been made to the oaths of office being administered to Mr. John T. Morgan, from Alabama, whose credentials were heretofore presented, Ordered, That the credentials lie on the table. WEDNESDAY, March 7, 1877. Mr. Bayard submitted the following resolution for consideration: "Resolved, That the credentials of John T. Morgan, Senator-elect from the State of Alabama, be taken from the table, and that he be sworn. On motion by Mr. Morrill, the Senate proceeded to the consideration of executive business. THURSDAY, March 8, 1877. The Senate resumed the consideration of the resolution yesterday submitted by Mr. Bayard, viz: "Resolved, That the credentials of John T. Morgan, Senator-elect from the State of Alabama, be taken from the table, and that he be sworn." On motion by Mr. Spencer, to amend the resolution by striking out, in the last line thereof the words "he be sworn," and in lieu thereof inserting "they be referred to the Committee on Privileges and Elections when appointed," After debate, it was determined in the negative. The question recurring on the resolution of Mr. Bayard, it was agreed to, as follows: "Resolved, That the credentials of John T. Morgan, Senator-elect from the State of Alabama, be taken from the table, and that he be sworn." Whereupon Mr. Morgan appeared at the bar of the Senate, and the oaths prescribed by law having been admin stered to Mr. Morgan by the Vice-President, he took his seat in the Senate. [Special session of Senate, March, 1877, and Forty-fifth Congress.] DAVID T. CORBIN vs. M. C. BUTLER, of South Carolina. February 13, 1877, the credentials of Mr. Corbin, elected for the term beginning March 4, 1877, were presented, and March 2, the credentials of Mr. Butler, elected for the same term, were presented. March 7, the Senate resolved that both credentials be referred to the Committee on Privileges and Elections when appointed. November 26, the Senate resolved, after debate, that the committee be discharged from the consideration of Mr. Butler's credentials. November 30, Mr. Butler was sworn as a Senator. February 4, 1879, the committee reported that at the State election held in November, 1876, one hundred and twenty-four persons were to be voted for as members of the house of representatives; that the board of State convassers declared that only one hundred and sixteen were duly elected; that fifty-nine of these met at the State-house November 28, and organized, being known as the Mackey house; that the other fifty-seven of those elected, together with eight persons having no certificates of election, met on the same day in a private hall and pretended to organize, being known as the Wallace house; that the Mackey house and an unquestioned senate elected Mr. Corbin December 12, 1876, whose credentials were signed by Governor Chamberlain, who was, until December 14, 1876, the unquestioned governor; that the Wallace house, with a minority of the senate, elected Mr. Butler December 19, 1876, whose credentials were signed by Governor Hampton. The committee reported the following conclusions: The Mackey house constituted the lawful house. Though composed of less than a majority of all the possible members of that body (one hundred and twenty-four) there was a "quorum to do business," which consisted of a "majority of the members chosen "-a majority of all those holding lawful certificates of election. Mr. Corbin was legally elected December 12, 1876, and there was no vacancy when Mr. Butler was elected. The Wallace house had no quorum when it organized, and was never a lawful body. The Wallace house had no senate to recognize it. The committee submitted a resolution that Mr. Corbin was duly elected and entitled to have the oath of office administered to him. A minority report held that the decision of the Senate, November 30, 1877, admitting Mr. Butler made the question res adjudicata; further, that fifty-nine members did not constitute a legal quorum under the constitution and laws of South Carolina, so that the Mackey house was not the legal house. A motion was made, February 25, 1879, that the Senate proceed to the consideration of the resolution reported by the committee, and it was determined in the negative. February 28, the Vice-President laid before the Senate a letter from Mr. Corbin, withdrawing his claim. No further action was taken by the Senate. Messrs. Corbin and Butler were allowed reimbursement of the necessary expenses of the contest. The history of the case here given consists of a transcript of the proceedings of the Senate relating to it from Senate Journal, 2d sess. 44th Cong., and 45th Cong., and the report of the committee from Senate Reports, 45th Cong., 3d sess, No. 707. Special references to the debates of each day are inserted below. TUESDAY, February 13, 1877. Mr. Patterson presented the credentials of David T. Corbin, elected a Senator by the legislature of the State of South Carolina for the term of six years commencing March 4, 1877; which were read. FRIDAY, March 2, 1877. Mr. Ransom presented the credentials of M. C. Butler, certified by Wade Hampton, as governor of South Carolina, to have been elected a United States Senator by the legisla ture of that State for the term of six years commencing March 4, 1877; which were read. Ordered, That they lie on the table. [Special session of Senate, March, 1877.] WEDNESDAY, March 7, 1877. Mr. Patterson submitted the following resolution; which was considered by unaniIous consent, and agreed to: Resolved, That the credentials of David T. Corbin and M. C. Butler, each claiming to be a Senator from the State of South Carolina, lie upon the table until the committees are appointed, and their credentials shall be referred to the Committee on Privileges and Elections." [First session of the Forty-fifth Congress.] TUESDAY November 20, 1877. Mr. Thurman submitted the following resolution for consideration: "Resolved, That the Committee on Privileges and Elections be discharged from the further consideration of the credentials of M. Č. Butler, of South Carolina.” [The debate is found on pages 556-559 of the Congressional Record, vol. vi.] WEDNESDAY, November 21, 1877. On motion by Mr. Thurman, the Senate proceeded to consider the resolution yesterday submitted by him to discharge the Committee on Privileges and Elections from the further consideration of the credentials of M. C. Butler; and After debate, On motion by Mr. Hoar that the resolution lie on the table, Mr. Conkling demanded the yeas and nays; which were ordered. On motion by Mr. Thurman, the Senate proceeded to the consideration of executive business. [The debate is found on pages 571-581 of the Congressional Record, vol. vi.] THURSDAY, November 22, 1877. The Senate resumed the consideration of the resolution submitted by Mr. Thurman on the 20th instant, to discharge the Committee on Privileges and Elections from the further consideration of the credentials of M. C. Butler, of South Carolina; and, The question being on the motion of Mr. Hoar that the resolution lie on the table, it was determined in the negative-yeas 30, nays 32. The yeas and nays having been heretofore ordered, Those who voted in the affirmative are Messrs. Allison, Booth, Bruce, Burnside, Cameron of Pennsylvania, Chaffee, Christiancy, Conkling, Dawes, Dorsey, Edmunds, Hamlin, Hoar, Howe, Ingalls, Jones of Nevada, Kirkwood, McMillan, Matthews, Mitchell, Morrill, Oglesby, Paddock, Rollins, Sargent, Saunders, Spencer, Teller, Wadleigh, and Windom. Those who voted in the negative are Messrs. Bailey, Barnum, Bayard, Beck, Cockrell, Coke, Conover, Davis of Illinois, Davis of West Virginia, Dennis, Eaton, Garland, Gordon, Harris, Hereford, Hill, Johnston, Jones of Florida, Lamar, McCreery, McDonald, McPherson, Merrimon, Morgan, Patterson, Randolph, Saulsbury, Thurman, Voorhees, Wallace, Whyte, and Withers. So the motion was not agreed to. [Several amendments to the resolution of Mr. Thurman were then offered, none of which were agreed to. The debate is found on pages 603–605 of the Congressional Record, vol. vi.] MONDAY, November 26, 1877. The Vice-President announced that the morning hour had expired, and called up the unfinished business of the Senate at its last adjournment, viz, the resolution submitted by Mr. Thurman on the 20th instant to discharge the Committee on Privileges and Elections from the further consideration of the credentials of M. C. Butler, of South Carolina; and The Senate resumed the consideration of the said resolution; and, After debate, On motion by Mr. Edmunds that the Senate proceed to the consideration of executive business, it was determined in the negative-yeas 28, nays 30. On motion by Mr. Edmunds to amend the resolution by striking out all after the word "resolved" and in lieu thereof inserting: "That the Committee on Privileges and Elections be, and hereby is, instructed to inquire forthwith, and report as soon as may be, whether any threats, promises, or arrangements respecting existing or contemplated accusations or criminal prosecutions against any Senator, or any other corrupt or otherwise unlawful means or influences have been in any manner used or put in operation, directly or indirectly, by M. C. Butler, one of the claimants to a seat in the Senate from the State of South Carolina, or by any other Senator or other person, for the purpose of influencing the vote of any Senator on the question of discharging said committee from the consideration of said M. C. Butler's credentials or on the other question at the present session of the Senate; and that said committee have power to send for persons and papers, and to sit during the sittings of the Senate," It was determined in the negative-yeas 27, nays 30. On motion by Mr. Edmunds, the yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are Messrs. Allison, Anthony, Booth, Bruce, Burnside, Cameron of Pennsylvania, Cameron of Wisconsin, Chaffee, Christiancy, Conkling, Dawes, Dorsey, Edmunds, Hoar, Howe, Ingalls, Jones of Nevada, Kirkwood, McMillan, Mitchell, Morrill, Oglesby, Paddock, Rollins, Saunders, Teller, and Wadleigh. Those who voted in the negative are Messrs. Bailey, Bayard, Beck, Cockrell, Coke, i Conover, Davis of Illinois, Davis of West Virginia, Dennis, Garland, Gordon, Harris, Hereford, Jones of Florida, Kernan, Lamar, McCreery, McDonald, McPherson, Matthews, Merrimon, Morgan, Randolph, Ransom, Saulsbury, Thurman, Voorhees, Wallace, Whyte, and Withers. So the amendment was not agreed to. [Several other amendments to the resolution of Mr. Thurman were then offered, none of which were agreed to.] The question recurring on agreeing to the resolution, as follows: "Resolved, That the Committee on Privileges and Elections be discharged from the consideration of the credentials of M. C. Butler, of South Carolina, It was determined in the affirmative-yeas 29, nays 27. On motion by Mr. Edmunds, the yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are Messrs. Bailey, Bayard, Beck, Cockrell, Coke, Conover, Davis of West Virginia, Dennis, Garland, Gordon, Harris, Hereford, Hill, Jones of Florida, Kernan, Lamar, McCreery, McDonald, McPherson, Merrimon, Morgan, Patterson, Randolph, Saulsbury, Thurman, Voorhees, Wallace, Whyte, and Withers. Those who voted in the negative are Messrs. Allison, Anthony, Booth, Bruce, Burnside, Cameron of Pennsylvania, Cameron of Wisconsin, Chaffee, Conkling, Dawes, Dorsey, Edmunds, Hoar, Howe, Jones of Nevada, Kirkwood, McMillan, Matthews, Mitchell, Morrill, Oglesby, Paddock, Rollins, Saunders, Spencer, Teller, and Wadleigh. So the resolution was agreed to. Mr. Thurman submitted a motion that M. C. Butler, of South Carolina, be sworn as Senator from that State. Mr. Edmunds objected to the consideration of the motion this day. WEDNESDAY, November 28, 1877. The Senate proceeded to the consideration of the resolution to admit William Pitt Kellogg to a seat in the Senate. On motion by Mr. Thurman to amend the resolution by striking out all after the word "resolved" and in lieu thereof inserting: "That M. C. Butler he now sworn as a Senator from the State of South Carolina," After debate, On the question to agree thereto, the yeas were 30 and the nays were 30. On motion by Mr. Edmunds, the yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are Messrs. Bailey, Bayard, Beck, Cockrell, Coke, Davis of Illinois, Davis of West Virginia, Dennis, Eaton, Garland, Gordon, Harris, Hereford, Hill, Jones of Florida, Kernan, Lamar, McCreery, McDonald, McPherson, Merrimon, Morgan, Patterson, Randolph, Saulsbury, Thurman, Voorhees, Wallace, Whyte, and Withers. Those who voted in the negative are Messrs. Allison, Anthony, Booth, Bruce, Burnside, Cameron of Pennsylvania, Cameron of Wisconsin, Chaffee, Christiancy, Conkling, Conover, Dawes, Dorsey, Edmunds, Hoar, Howe, Jones of Nevada, Kirkwood, McMillan, Matthews, Mitchell, Morrill, Oglesby, Paddock, Rollins, Sargent, Saunders, Spencer, Teller, and Wadleigh. The vote of the Senate being equally divided, The Vice-President voted in the negative. So the amendment was not agreed to. Upon the announcement of the result of the vote on the amendment, Mr. Thurman rose to a question of order, and submitted that the provision of the Constitution that the Vice-President shall have no vote unless where the Senate is equally divided does not apply to the case of seating a member; but that questions of seating a member should be left to the Senators themselves, under the provision that each House shall be the judge of the elections, qualifications, and returns of its own members; and, After debate, Mr. Thurman withdrew the question of order. [The debate is found on pages 730-740 of the Congressional Record, vol. vi.] FRIDAY, November 30, 1877. On motion by Mr. Thurman that M. C. Butler be now sworn as a Senator from the State of South Carolina, it was determined in the affirmative-yeas 29, nays 28. On motion by Mr. Edmunds, the yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are Messrs. Bailey, Bayard, Beck, Cockrell, Coke, |