Andrew Jackson Thayer | |
|---|---|
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| Member of theU.S. House of Representatives fromOregon'sAt-large district | |
| In office March 4, 1861 – July 30, 1861 | |
| Preceded by | Lansing Stout |
| Succeeded by | George K. Shiel |
| 21st Justice of theOregon Supreme Court | |
| In office 1870–1873 | |
| Preceded by | John Kelsay |
| Succeeded by | Lafayette F. Moser |
| Personal details | |
| Born | (1818-11-27)November 27, 1818 |
| Died | April 28, 1873(1873-04-28) (aged 54) |
| Party | Democratic |
| Spouse | Melissa D. Chandler[1] |
Andrew Jackson Thayer (November 27, 1818 – April 28, 1873) was an attorney andDemocraticU.S. congressman fromOregon. A native ofNew York state, he previously worked as the U.S. Attorney for Oregon. His brother wasWilliam W. Thayer, a governor of Oregon. After Congress, Thayer returned to legal work and served as a district attorney and justice of theOregon Supreme Court.
Born inLima, New York, Thayer attended public schools in New York and began a legal practice in Lima with his brother.[1] In March 1853, he set out for Oregon, via ox team on theOregon Trail. He arrived inSalem in August 1853, and settled on a farm nearCorvallis where he farmed and continued his legal practice.[1] In 1859, he was appointed by PresidentJames Buchanan to beU.S. Attorney for the District of Oregon, a position he held for six months, after which he resigned, stating that he preferred to defend rather than prosecute.[1]
In November 1860, Thayer was elected as aDemocraticUnited States Representative forOregon's at-large district. Unfortunately for Thayer, this was not the only election held for Oregon's congressional seat in 1860. In June of that year, Oregon had held its general election, andGeorge K. Shiel was elected to the same seat that Thayer claimed in November. After the June election, theOregon House of Representatives had passed a bill moving the date of U. S. Congress elections to November, effective immediately. TheOregon Senate passed a similar bill, but that bill did not apply to the current election. Though the bills were never reconciled or signed into law, an election was held nonetheless. Thayer's election was certified and he took the seat in March 1861.[2]
Shiel promptly contested the election, stating that the Oregon constitution had been circumvented and that no law had been passed to change the election date. Thayer's argument was that the election specified by Oregon's constitution only applied to Oregon's first congressional election in 1858, and therefore the June 1860 election was invalid. In the absence of a law providing for Congressional elections, Oregon had a right to Congressional representation. Thayer pointed to the clear intent of the Oregon Legislature to have a November election, which did occur, and which elected him.[3][4]
On July 30, 1861, the House of RepresentativesCommittee on Elections, led byHenry L. Dawes ofMassachusetts, sided with Shiel, holding that the state constitution's June election date was intended to be applied to all elections. Even if the Oregon Legislature had passed a change to the election date, it would have been unconstitutional; moreover, since the Oregon Legislature did not actually enact the law, Shiel's election should be upheld and Thayer unseated.[4]
RepresentativeThaddeus Stevens ofPennsylvania agreed with Thayer's argument that this decision was in violation ofArticle I, Section 4 of the United States Constitution, which gives the power to the state legislatures to set election dates. He offered an amendment that the seat be declared vacant, but it was defeated 77–37.[5] The House stripped Thayer of his seat and issued the oath of office to Shiel immediately.[6]
Thayer returned to his Oregon law practice, where he was joined by his brother (and future Oregon governor)William W. Thayer.[7]
He served as district attorney for the second district of Oregon from 1862 to 1864. In 1870 Thayer was elected to theOregon Supreme Court to replaceJohn Kelsay.[8] In this position he also rode circuit for Oregon's second judicial district. However, he did not finish the six-year term as he died in office.[8]
He died in Corvallis on April 28, 1873, and is buried at Corvallis's Crystal Lake Masonic Cemetery.
| U.S. House of Representatives | ||
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| Preceded by | Member of the U.S. House of Representatives fromOregon's at-large congressional district March 4, 1861–July 30, 1861 | Succeeded by |
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