The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-24

to be regarded as the exponens Of them But thing
do know sirhat the views expressed upon the other
side OF the House this morning are not in accordance
with the declaration OF the contestant at the time he
submitted his record TO the consideration Of the commit
tee The committee imagine, would have the right 10
deny the contestant pare hearing upon the proof
and the merits OF the and this doubt not they
would have done had the contestant made any such de-
the comniiies by that gentleman with the ayowed OBJ
ec OF having the question OF their admissbiity alone
considered and determined by the committee with view
TO proceeding 10 take such other testimony might be
necessary for the purpose OF reaching the truth and at
tanning the ends Of justice and, indeed, sir by far the
most material and important record submitted BY that
gentleman was decided admissible, only when the con-
tesan should make il relevant to the issue by other proof
hereafter TO be taken.
Now sir. as 10 the limitation Of time in which this tes-
tmony is TO be taken, that question s not now before
the House but sir, il limitation is desired, say
for myself (and believe for every member OF the com
mttee, that ready to vote Tor any limitation OF time
that will give to each party full and fair opportunity 70
collect the facts necessary to fair trial upon the merits
Of this case for assure you, sir that have no desire
to protract this controversy delay the decision OF this
hour beyond the time absolutely necessary for
the attainment OF Justice rfF FF 81
Mr. J. B. THOMPSON made few remarks to show
thepropriey of agreeing to the resolution with the mi-
iaon proposed and opposed the amendment TO recomm
offered by. the gentleman Mr. ScHENCKl from Ohio.
The committee had carefully studied the case upon
the testimony before them. and had unanimously con-
cuded that the ends oil justice required Them TO give the
sitting member the opportunity to get the testimony TO
prove that more less OF the votes counted in the GER
ficate presented BY The contestant INT MILLERl were
given by aliens and minors, claimed by him.
Mr. STRONG contended that under the resolution
the decision of the case would not be unduy post
poned and that limitation not necessary to insure
the return OF the testimony as soon could be taken
Mr. McLANE announced that in recent conversation
with the sitting member and the contestant, he had been
authorized by both to the House that they would
be content with an amendment limiting the time for
taking the testimony to ninety days. L -
Mr. STRONG remarked. that when before the commit
H.. a. koI lad Fer,
limitation as to the time Any such suggestion, meeting
their Joint appreciation, gwoud OF have been
promptly acquiesced in there He could objection
MT. SCHENcK then withdrew the motion to recommit
with Instructions, and offered amendment proposing to
limit the time for the return OF the testimony to be taken
in Iowa on the case to ninety days
Mr.. DISNEY said he should not have troubled the
House in relation this matter, had not been for the ex
tremely anomalous proceedings in regard to t. How
stand the facts standing committee OF this House,
respectable &c. in point OF character ability, &c e-
ports that in relation TO most important matter conhded
to their care they are unable 70 form an opinion from the
will furnish them with means to ascertain some further
facts. And certainly no request could be either more
natural or more reasonable. But how was ii metz Why
the distinguished gentleman from Massachusetts and my
colleague object, &c And there was some Ingenious
about the objections and arguments OF my colleague
which, however they may have been to the House,
to me refreshing There was touching simplicity about
his reasoning which commended itself to me, He sub
stanaly demands, that because there is evidence su
shall act upon that evidence and decide the Not
because such decision would be in conformity with
righfor believe that my colleague did not venture to
assert hat-but simply because would pc decision
Not because the decision would be right but because it
would put the confession in the seat, and put the sit
ting member out and lest, peradventure, further in
quiy might reverse the Judgment and keep the confession
out, and The sitting member in his seat How was this
suggestion, that il the committee permitted to in
quire into all the facts connected with the case they
they arrive at If compelled to decide upon the
facts as they now stand before temi
ting member. and the installation Of the contesor into
his seat knowing him as do exciies no surprise in me
at HIM but his Ingenious confessions confess, have
amused me, But It really would seem that those who
desire TO settle this question reason and right demands
will hardly agree with such purposes as this.
| My colleague objects, and asks that the committee
shall be compelled to decide upon the facts they stand
before them failing thus, be substantially asks the
House to discharge the committee from the subject and
to take the entire, investigation into its own hands
say substantially because TO require the committee to
report the facts they stand before il, in order
he phrases it, that the House may determine whether
further facts should be asceraned will be for the House
TO enter at upon the merits OF the and to do
that for which committees specially created Com
mitees invented for the very purpose Of exempng
the House from the labor OF collecting and arranging
questions for the House. and the policy OF this body in
regard TO such committees in precise conformity with
their original invention.
Is the House. them prepared to abandon such saluta-
~ practice, and to take upon itself the labor which il is
the duty OF committee to perform Hardly as should
think. Then let your committee have0he means which
they ask You to give that they may possess themselves
of all the facts which they may believe essential just
and right decision OF the They ask whai the I'M
BIASED and unnterested judgment of nearly every
would give and. for trust that the committee will
be enabled prepare the they desire, before they
| submit il 10 the decision OF the House.
Mr.. BAYLY called the previous question on the reso.
luton and amendment and the House sustaining the
call, the main Question was ordered TO be put
Mr.. SCHENCK, on the suggestion Of member, mod
flied the amendment 10 make the time for the
turn OF the testimony to the Speaker OF the House
hundred days. l
The question being put on the modified amendment, it
was agreed to; and them as amended the resolution was
adopted.
Mr. vENABLE moved that the House do now pro-
coed TO the business the Speakers tables which being
| agreed to,
The SPEAKER announced the first business in order
be the motion (nade the day before Of the gentle
man from North Carolina, tMr. VENABLE,l that the
sage OF the President concerning California and
panyng documents be referred to the Committee Ter
| ntores, and printed
Pending the question on that motion,
Mr.. seldom took the floor, and proceeded to deliver
speech anagning the Executive for usurpng the func
tons of Congress in interfering in the question OF gov
erRment for California Mr. argued TO show that there
warrant in the constitution for what the Execu
tive had done in this connexon and that in claiming TO
have done than was done by his predecessor,
that unctonary had nissated the fact proved by Mr.
Buchanan's instructions TO Mr. Voorhees,, from which
Mr. ). quoted
Mr.. s. also denied the power OF the people OF Cali
forna 10 proceed 10 construct State government without