“The Court held that this, being the mere declaration of the defendant, was not competent evidence in his favor, and it was rejected. The general rule undoubtedly is, that a party cannot give in evidence his own declarations in his favor, unless they accompany some act, and are a part of the _res gestæ_. But it appears to us that the declarations offered to be proved are within the qualification of the rule. They were made in the ordinary course of business, and in relation to the defendant’s removal, and they were made to the owner of the house in which he was at the time residing. This giving notice of his intended removal is to be considered an act which he might prove in any case in which it became material; and if so, all that he said explanatory of his intention in relation to his removal seems to us to be admissible in evidence.” Now on the authority of this case it seems to me that the declaration of General Ames, accompanied by the acceptance of candidacy as a Senator, is clearly an act. But I do not argue that the Senate is now bound by any technical rule of this kind. It is enough if the Senate is satisfied with regard to his intent on the evidence adduced. No rule of limitation or exclusion can prevail. If the Senate believes that he had at the time the _animus manendi_, it must act accordingly. Is the Senate, on the evidence before it,--without the application of any technical rule of evidence, without recognizing his declaration as part of the _res gestæ_,--is the Senate satisfied that at the time named he intended to reside in Mississippi? This is the whole case. On this question of fact each Senator will judge for himself, on the evidence before him. This evidence I will read in the Report of the Committee, being the language of General Ames in a written statement to them, as follows:-- “A number of persons in Mississippi visited this city to find arguments by which I might be influenced to become a candidate. I hesitated, because it would necessitate the abandonment of my whole military life. Finally, for personal and public reasons, I decided to become a candidate and leave the Army. My intentions were publicly declared and sincere.” On which the Committee remark:-- “The intentions thus declared were not only to become a candidate for the Senate, but to remain and reside in Mississippi.”[5]