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. 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 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. Death He died in Corvallis on April 28, 1873, and is buried at Corvallis's Crystal Lake Masonic Cemetery. References External links 1818 births 1873 deaths Justices of the Oregon Supreme Court Oregon pioneers United States Attorneys for the District of Oregon District attorneys in Oregon People from Lima, New York 19th-century American politicians 19th-century American judges Democratic Party members of the United States House of Representatives from Oregon