Speech #460117409

There is no statute thatintorferes there is no rule of law that prevents it from doing that which every high court of original and final jurisdiction has power to do. namely. correct an error if it has committed one in deciding a case. The Constitution declares that no man shall sit in this body as a Senator who is not chosen by the Legislature of the State. that no man shall sit here as a Senator who is not a citizen of the United States. The Senate decides. in a case where there is a contest. that the applicant was chosen by the Leglature of the State. or that he was a naturalized citizen for the time required by the Constitution. yetif we subsequently find we have erred have we not power to correct that error? A State comes to the Senate and says. "We have not a representative of our people here. chosen as required by the Constitution. by the Legislature of the State. you made an erroneous decision. and we respectfully ask yon to reexamine your former judgment. and if. on such reexamination. you become satisfied that the sitting member was not chosen by the Legislature of our State. thou we insist that you should so declare now and exclude him." We owe this to the State.. we owe this to the other States of the Union. for each State has a right to insist that no man shall sit and vote inthis body who was not chosen by the Legislature of the State he claims to represent. These decisions that I have referred to. and others. are cited in the brief of the counsel for Mr.