Mr. DIXON. There has been a time when I my State and the State of the Senfrom Maine, and the State of the Senfrom Massachusetts were regarded as under peculiar circumstances in this body. Suppose at that time Congress had seen fit by law to shut out the State of Massachusetts from representation, would anybody pretend that Congress had power to do it? But tiicre was a power in the Senate of the U.S. by which that Senatorcould have been excluded, and so could the Senfrom Massachusetts. There could have been no ap eal from that judgment. There must be an end somewhere. Now, let us see what Judge Story says 09 this point. Itrust now the question between us is understood. Iclaim that this is a question of jurisdiction,who shalljudge of everything relating to the qualifications of a Senator in fins body both as to his having a constituency and he himself bein the repre sentative of that constituenc. judge Story says, in commenting on the c ause in the constitution which provides that each House shall be the judge of the qualifications, &c., of its ow“n members: It is obvious that a power must be lodged some where to judge of the elections,returns, and qualifications of the members of each house composing the Legislature; for otherwise therccoulii be no cur tainty as to who were legiiimately chosen members and any intruder or usuiper niig it claim a seat and thus trample upon the rights and privileges and libertios of the people. Indeed, elections would l)ttiplll0, under such circumstances, a more mockery; and legislation the exerciseof sovereiirnty by any self constituted body."—Story Commentaries soc. Does he say the protection is Congress? No; but he says: "The only possiblequestionon such a sub act is as to the body in which such atpower shall be edged." That is, the power to judge whether a man is a usurper, an intruder, or is legitimately chosen by a proper constituency. Was it lodged in any other than the legislative body itself, its llliIORBfldtmCEits purity. an even its 01 istonce and action may be destroyed or int into im minentdangcr. Iio other body but. itse f can have the some motives to preserve and perpetuate these attributes: no other body can be so perpetually watch ftruin lgtoemgueanrtd, tiotspouwrinfyraignhdtsvi and captives goes wnfreohmarainc ter, iind to preserve the rights and sustain the free choiceof its constituents. ACCOltllliflly the power has uniform practice of England and America. l always been lodged in the legislative body by the Congress is not the legislative body. congress is made up of 2 legislative bodies, and in some instances of 3. The lawmaking power is vested in 3 bodies in this country the Senate, the HoRep, and the President in cases where his a proval is necessary to the passage of a bill. Plhe legislative bodies which make up Congress are the HoRep and the Senate, and each body for itself is to judge of everything with regard to this subject. But, sir, I have occupied much more time upon this point than I had intended. I trust I have shown, I have at least to my own satisfaction, that the President does not take the ground that this question may not be full investigated. He does state that it should be donegy each body for itself. That is his O in ion. c has expressed it in a message in which he was giving information of the state of the Union, as he is bound to do. He says that we have no right to exclude representation totally under that clause of the Constitution. Does anybody claim that we have that right? We have the physical power perhaps, but we have no right to do it. We have no right to say that the State of Illinois shall not be rep presented in time of peace; and if Congress have the right to say that if the State of tennessee shall not be represented in time of peace, the act is utterly futile and nugatory, because in spite of congress the Senate may admit a member from "ennessee, and today if Mr. Fowler, of Tennessee, were admitted a member of this body, in spite of all your laws he would be a member of the body and you could not exclude him except; by exulsiou.