CONTESTED ELECTION CASE.
The special order for this hour being the resolutions in the case of the Senator from Elkhart and Lagrange, they were taken up. The first declares that Mr. Murray, the sitting member, was not entitled to his seat. The second declares that Mr. Baker is entitled to the seat occupied by Mr. Murray.
Mr. JOHNSTON demanded a division of the question, that the vote might be taken on the resolutions separately.
Mr. DOWNEY made an able legal argument in favor of Mr. Murray, He contended that allthough Mr. Murray preformed the duty and received the compensation of a regimental Quartermaster in the army, he had never been legally mustered into the service, and had not given a bond as the regulations required.
Messrs MANSFIELD and CLAYPOOL controverted the positions of the Senator from Ohio and Switzerland. [Mr. Downey] contending that the commission was evidence sufficient to disqualify Mr. Murray from holding a seat as Senator.
page: 232[View Page 232]Mr. HORD said that the commission was only prima facie evidence against Mr. Murray, but he had a right to show that he was or was not legally an officer. He could not be an officer legally until he had filled all the requirements of the regulations of the army. The only evidence we had that Mr. Murray ever exercised the duties of the office of Quartermaster were his own statements, and his statements should be taken in full if at all.
The first resolution was rejected by yeas 20, nays 22.
On motion by Mr. JOHNSTON the second resolution, was laid on the table by yeas 24, nays 17; excused 1.
