OFFICE OF SENATOR, AND ITS INCOMPATIBILITY WITH OTHER OFFICE.
Remarks in the Senate, on the Case of General Lane, of Kansas, January 13, 1862.
The question of the seat of Hon. James H. Lane, of Kansas, was referred to the Judiciary Committee of the Senate, at the extra session of July, 1861, when the Committee reported that he was not entitled to his seat. The consideration of the resolution was postponed to the present session.
It appeared, that, previously to the extra session, and before Mr. Lane had taken his seat as Senator from Kansas, he was designated by President Lincoln as Brigadier-General of Volunteers, and entered upon his public duties as such, but without any actual commission or formal appointment according to law. Afterwards, when informed that he could not be Brigadier-General and at the same time Senator, he abandoned the former post and was duly qualified as Senator. Meanwhile Governor Robinson of Kansas, assuming that Mr. Lane had so far accepted another office as to vacate his seat in the Senate, appointed Hon. Frederic P. Stanton in his place, and the Judiciary Committee affirmed the title of the latter.
January 13th, Mr. Sumner spoke against the report.
MR. PRESIDENT,—The Senator from Connecticut [Mr. Foster] has presented the objections to the seat of General Lane ingeniously and ably; but I must frankly confess that he fails to satisfy me. I could not resist the brief, but decisive, statement of the Senator from New York [Mr. Harris], to which we listened the other day; and the ampler argument of the Senator from New Hampshire [Mr. Clark], to which we have listened to-day, seems to leave little more to be said. I shall follow the latter without adding to the argument.
The language of the Constitution applicable to the case is explicit: “No person holding any office under the United States shall be a member of either House of Congress during his continuance in office.” But the question arises, Did General Lane hold any such office after he became Senator?
Not considering the case minutely, I content myself with briefly touching two points, either of which will be sufficient to secure his seat to General Lane.