raitor or whether he is true to his country."

"Suppose," said Mr. Trumbull, "that in a time of peace the Legislature
of Tennessee is disloyal, and swears allegiance to the Emperor
Maximilian, does the Senator deny the authority of Congress to inquire
into the character of that Legislature?"

"I do," replied Mr. Dixon. "It is for the Senate, and not for
Congress, to make the inquiry if a Senator from Tennessee in the
supposed case presents himself."

Mr. Trumbull said: "He denies the authority of Congress to decide
whether the constituency is traitorous or loyal!"

"That is another point," said Mr. Dixon.

"That is the very one I put," said Mr. Trumbull. "If all the members
of the Legislature of Tennessee swear allegiance to the Emperor
Maximilian, and send a Senator here, I want to know if Congress has a
right to inquire into the character of that Legislature?"

"I will answer that by asking another question," said Mr. Dixon.
"Suppose that was the case, that the Emperor Maximilian had entire
control of the State of Tennessee, and a person claiming a right so to
do should come here and offer himself as a member of the Senate, and
should be received here; that, in judging of the qualifications,
returns, and elections of the member, the Senate decided that he was a
Senator, has Congress any thing to do with the question? I ask him if
the House of Representatives can interfere? Is there an appeal to
Congress or any other tribunal? I ask him if that man is not a Senator
in spite of the world?"

"If," replied Mr. Trumbull, "the Senator means to ask me if the Senate
has not the physical power to admit any body, elected or not, I admit
they have the same right to do it that twelve jurymen would have,
against the sworn and uncontradicted testimony of a hundred witnesses,
to bring in a verdict directly against the evidence and perjure
themselves. I suppose we have the physical power to commit perjury
here, when we have sworn to support the Constitution. We might admit a
man here from Pennsylvania Avenue, elected by nobody, as a member of
this Senate; but we would commit perjury in doing it, and have no
right to do it."

Mr. Trumbull made an extended reply, which assumed somewhat the form
of a conversation, in which Mr. Dixon and other Senators participated.
Mr. Trumbull claimed that it required the concurrent action of both
houses of Congress to recognize any government in States where
rebellion had overthrown it.

O