Andrew J. Thayer
Encyclopedia
Andrew Jackson Thayer was an attorney and Democratic
U.S. congressman
from Oregon
. A native of New York
state, he previously worked as the U.S. Attorney for Oregon. His brother was William W. Thayer, a governor of Oregon. After Congress, Thayer returned to legal work and served as a district attorney and associate justice on the Oregon Supreme Court
.
, Thayer attended public schools in New York and began a legal practice in Lima with his brother. In March 1853, he set out for Oregon, via ox team on the Oregon Trail
. He arrived in Salem
in August 1853, and settled on a farm near Corvallis
where he farmed and continued his legal practice. In 1859, he was appointed by President James Buchanan
to be U.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.
United States Representative
for Oregon'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, and George K. Shiel
was elected to the same seat that Thayer claimed in November. After the June election, the Oregon House of Representatives
had passed a bill moving the date of U. S. Congress elections to November, effective immediately. The Oregon 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.
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.
On July 30, 1861, the House of Representatives Committee on Elections
, led by Henry L. Dawes
of Massachusetts
, 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.
Representative Thaddeus Stevens
of Pennsylvania
agreed with Thayer's argument that this decision was in violation of Article 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. The House stripped Thayer of his seat and issued the oath of office to Shiel immediately.
He served as district attorney for the second district of Oregon from 1862 to 1864. In 1870 Thayer was elected to the Oregon Supreme Court
to replace John Kelsay
. 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. He died in Corvallis on April 28, 1873 and is buried at Corvallis's Crystal Lake Masonic Cemetery.
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
U.S. congressman
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
from Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
. A native of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
state, he previously worked as the U.S. Attorney for Oregon. His brother was William W. Thayer, a governor of Oregon. After Congress, Thayer returned to legal work and served as a district attorney and associate justice on the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
.
Early life
Born in Lima, New YorkLima, New York
Lima, New York refers to two locations south of the City of Rochester, New York in Livingston County, New York:*Lima , New York*Lima , New YorkNote that the names of both places are pronounced like the bean, not like the capital of Peru....
, Thayer attended public schools in New York and began a legal practice in Lima with his brother. In March 1853, he set out for Oregon, via ox team on the Oregon Trail
Oregon Trail
The Oregon Trail is a historic east-west wagon route that connected the Missouri River to valleys in Oregon and locations in between.After 1840 steam-powered riverboats and steamboats traversing up and down the Ohio, Mississippi and Missouri rivers sped settlement and development in the flat...
. He arrived in Salem
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...
in August 1853, and settled on a farm near Corvallis
Corvallis, Oregon
Corvallis is a city located in central western Oregon, United States. It is the county seat of Benton County and the principal city of the Corvallis, Oregon Metropolitan Statistical Area, which encompasses all of Benton County. As of the 2010 United States Census, the population was 54,462....
where he farmed and continued his legal practice. In 1859, he was appointed by President James Buchanan
James Buchanan
James Buchanan, Jr. was the 15th President of the United States . He is the only president from Pennsylvania, the only president who remained a lifelong bachelor and the last to be born in the 18th century....
to be U.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.
Contested election of 1860
In November 1860, Thayer was elected as a DemocraticDemocratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
United States Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
for Oregon's at-large district
Oregon's 1st congressional district
Oregon's 1st congressional district consists of the northwest corner of Oregon. It includes Clatsop, Columbia, Washington, and Yamhill counties, and southwest Portland, part of Multnomah County, which belonged to the 3rd district before the 2002 redistricting....
. 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, and George K. Shiel
George K. Shiel
George Knox Shiel was a Democratic U.S. congressman from Oregon.-Early life:Born in Ireland in 1825, Shiel immigrated to the United States and settled in New Orleans. He moved to Ohio where he was admitted to the bar and began a law practice. He moved to Salem, Oregon in 1854 and continued his law...
was elected to the same seat that Thayer claimed in November. After the June election, the Oregon House of Representatives
Oregon House of Representatives
The Oregon House of Representatives is the lower house of the Oregon Legislative Assembly. There are 60 members of the House, representing 60 districts across the state, each with a population of 57,000. The House meets at the Oregon State Capitol in Salem....
had passed a bill moving the date of U. S. Congress elections to November, effective immediately. The Oregon 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.
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.
On July 30, 1861, the House of Representatives Committee on Elections
United States House Committee on Elections
The United States House Committee on Elections is a former standing committee of the United States House of Representatives.Article 1, section 5, of the Constitution of the United States specifies: "Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members." The...
, led by Henry L. Dawes
Henry L. Dawes
Henry Laurens Dawes was a Republican United States Senator and United States Representative, notable for the Dawes Act.-Biography:...
of Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, 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.
Representative Thaddeus Stevens
Thaddeus Stevens
Thaddeus Stevens , of Pennsylvania, was a Republican leader and one of the most powerful members of the United States House of Representatives...
of Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
agreed with Thayer's argument that this decision was in violation of Article 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. The House stripped Thayer of his seat and issued the oath of office to Shiel immediately.
After Congress
Thayer returned to his Oregon law practice, where he was joined by his brother (and future Oregon governor) William W. Thayer.He served as district attorney for the second district of Oregon from 1862 to 1864. In 1870 Thayer was elected to the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
to replace John Kelsay
John Kelsay (judge)
John Kelsay was an American politician and judge in Oregon. He was the 18th Associate Justice of the Oregon Supreme Court, and fought in the Rogue River Wars...
. 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. He died in Corvallis on April 28, 1873 and is buried at Corvallis's Crystal Lake Masonic Cemetery.