Mr. Gallatin's election to the United States Senate did not disqualify him for his unfinished legislative term, and, on his return to Philadelphia, he was again plunged in his manifold duties. The few days which intervened between his marriage and the meeting of Congress—a short honeymoon—were spent under the roof of Commodore Nicholson in New York.
On February 28, 1793, the Vice-President laid before the Senate a certificate from the legislature of the Commonwealth of Pennsylvania to the election of Albert Gallatin as senator of the United States. Mr. Gallatin took his seat December 2, 1793. The business of the session was opened by the presentation of a petition signed by nineteen individuals of Yorktown, Pennsylvania, stating that Mr. Gallatin had not been nine years a citizen of the United States. This petition had been handed to Robert Morris, Mr. Gallatin's colleague for Pennsylvania, by a member of the legislature for the county of York, but he had declined to present it, and declared to Mr. Gallatin his intention to be perfectly neutral on the occasion—at least so Mr. Gallatin wrote to his wife the next day; but Morris did not hold fast to this resolution, as the votes in the sequel show. The petition was ordered to lie upon the table. On December 11 Messrs. Rutherford, Cabot, Ellsworth, Livermore, and Mitchell were appointed a committee to consider the petition. These gentlemen, Gallatin wrote, were undoubtedly “the worst for him that could have been chosen, and did not seem to him to be favorably disposed.” He himself considered the legal point involved as a nice and difficult one, and likely to be decided by a party vote. The fourth article of the Constitution of the first Confederation of the United States reads as follows:—
“The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States.”
Article 1, section 3, of the new Constitution declares:—
“No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.”
Mr. Gallatin landed in Massachusetts in July, 1780, while still a minor. His residence, therefore, which had been uninterrupted, extended over thirteen years. He took the oath of citizenship and allegiance to Virginia in October, 1785, since which, until his election in 1793, nine years, the period called for by the United States Constitution, had not elapsed. On the one hand, his actual residence exceeded the required period of citizenship; on the other, his legal and technical residence as a citizen was insufficient. In point of fact, his intention to become a citizen dated from the summer of 1783.
To take from the case the air of party proscription, which it was beginning to assume, the Senate discharged its special committee, and raised a general committee on elections to consider this and other cases. On February 10, 1794, the report of this committee was submitted, and a day was set for a hearing by the Senate, with open doors. On that day Mr. Gallatin exhibited a written statement of facts, agreed to between himself and the petitioners, and the case was left to the Senate on its merits. On the 28th a test vote was taken upon a motion to the effect that “Albert Gallatin, returned to this House as a member for the State of Pennsylvania, is duly qualified for and elected to a seat in the Senate of the United States,” and it was decided in the negative—yeas, 12; nays, 14.[2]
Motion being made that the election of Albert Gallatin to be a senator of the United States was void,—he not having been a citizen of the United States for the term of years required as a qualification to be a senator of the United States,—it was further moved to divide the question at the word “void;” and the question being then taken on the first paragraph, it passed in the affirmative—yeas, 14; nays, 12. The yeas and nays were required, and the Senate divided as before. The resolution was then put and adopted by the same vote. Thus Mr. Gallatin, thirteen years a resident of the country, a large land-holder in Virginia, and for several terms a member of the Pennsylvania legislature, was excluded from a seat in the Senate of the United States.
Mr. Gallatin conducted his case with great dignity. On being asked whether he had any testimony to produce, he replied, in writing, that there was not sufficient matter charged in the petition and proved by the testimony to vacate his seat, and declined to go to the expense of collecting evidence until that preliminary question was settled.