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.
Public-domain text, read in full here on John Shaqi.
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