Mr. TRUMBULL. In the case of the commonwealth cs. McCloskey, from which I am reading a reference is made to a case decided by Mr.Justice Chase. Now, the Senfrom Maryland says that the case referred to has been overruled. Some positions laid down by Mr. Justice Chase have been disagreed to by subsequent decisions. the question in this case of the Commonwealth vs. cCloskey, that I am reading from, was as to the authority of a party to pass upon his own case, and the question was whether the law had authorized him to do so. There was no doubt that it could not be done unless the law had authorized it. The judge starts out in the opinion by showing that according to some persons, and according to Judge Chase, even a osmve act of the legislature could not establish such a principle, that a man could be a judge in his own case. After statin that he comes to the consideration present y of the Pennsylvania statute, and he shows that that statute is not so clear as to require the court to hold that those parties had a right to pass upon the validity of their own election: “ In this viow, the rightelaimed by theres ondents struck the judicial mind in England and in this country, and particularl the powerful intellect of Justice hiiso. Although fully accedeto the general principle of that distinguishedjurist, yet I should pause apforol would carry it to the extent he seemswilling so. Now, the Senfrom Maryland sees that the judge who pronounced this opinion under stood fully what he was talking about. He shows he does not agree With Justice Chase in that: “If the Legislature should passalaw in plain, unequivocal, and explicitterms, Within thogeneralse ope of their constitutional power, I know of no authority in this Goverment to pronouncesuch an act void, merely because in the opinion of the Judicial tribu nals. it was contrar to the principles of natural jus tice; for this would be vestingin the court a latitud inarian authority which might beabused and would necessarilylead to collisions between the legislative and;udicial Depts.dangerousto the well beingof society, or at least not in harmonywith thestruct uro of our ideasof natural government." After these general observations the judge comes to the particular casein hen, and says: "We are authorized to believe they [the Legislature of Pennsylvania] did not intend to contravene a principle which has been deemedby the most emi ncpt jurists contrary to natural equity and the 1st principles of the social compact. 0n the contrary supposition the approval of the election would be it mockery. aswe could not suppose, particularly with the knowledgeof the factswhich have been disclosed. that an interestedparty. under the influence of irritated and party feelings, could bring to the exami nation that impartiality which isnecessarytoaproperand correct decision." l. s “The Constitution of the U.S. prescribes thatoach Houseshalljudge of the elections.returns, and qualifications of its own members. The constitution of Pennsylvania is in nearly the samewords that each House shall judge of the qualifications of its members. The right of detennination is given to the House who exercisetheir authority by the decision of the minority, as in the act it is vestedin the commissionersor a majority. Under thesedifferent provisions noinstaneeean beproduced, either in Congressor our State Legislature, where such a right has ever beenpermittc, or even claimed." This is the 1st time it was ever claimed, according to the authority of the supreme court of Pennsylvania in this case. If the Senfrom Maryland can produce an instance where it was ever clahped, I should like to see it. I never heard of its being claimed. There has been case after case decided in the Senate since I have been here, and no person ever pretended to vote on the question of his own right to a seat. Let us have the cases, if there are any. I undertake to so. that the decision of the supreme court of Pennsylvania states the fact. he opinion was given some years ago, but there has been no case since, I venture to say, where such a claim has been made.