The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-12-02

copy OF what he claims TO have been election OF SEN
that gentleman MIR YULEEl has placed in my hands at
my request the legislation OF Florida upon that subject
that il makes the secretary OF the Commonw esh The
keeper of the journals OF the legislature and gives 10
that secretary the power eSempiy under the great seal
OF the Commonwealth. all papers OF that character u
to me- them that il there DO return at all in us
technical and legal sense. is the exemp6caion OF the
proceedings OF the legislature which has been certified
under the great seal OF the Commonwealth, and which -
presented by the gentleman tMr. YuLEEl who claims to
upon that subject That is an disqualification in pursq
of the law of Florida by the keeper OF the journals
of the proceedings Of its legislature.
submit these remarks with very great Difference, In
the belief that there is before rs no correct return OF he
election OF senator and therefore The burden OF proof has
not been shifted but the parties stand IN aquae Jure ana
that the proper Tor US 10 pursue the course maj
Gated by lhe senator from Indiana Mr. BRIGHT-io refer
this matter to committee.
MIR HALE. AS il has been well said, sir ii is proper
that the Senate should keep themselves in such situation
that no undue advantage should be given to the
other OF the two gentlemen coniesting this seat and "
strikes that is OF great moment that The matter should
now be right II strikes me, too that this is pecu
a1ly fortunate Time for settling this question, now that
the circumstances such to enable the Senate TO sell
lie it irrespective OF any exaneous considerations ms
very different from that presented in the other
wing Of The Capitol few years ago, when two members
from New Jersey presented themselves. and when the
suit would decide the political aspect of the majority OF
the House. one way the other-a very unfortunate
circumstance, when general principles were Involved
Fortunately, in this there is nothing OF that sort
presume that both OF these gentlemen sound, sir, on
the great questions which have disturbed the country
and which have now been SO happily settled There can
be difficulty then, upon that score; and the political ma.
jorty is decisive and decided, that i cannot be dis
urbed even by the presence OF WHAT few eesoers have
been Struggled into the Senate
| Mr. FOOTE, of Mississippi. rise TO a point OF or
der | do not think the gentleman is discussing the pre-
else question before u.s. This question OF free soil agi
taon is not now under consideration. ] am always
glad TO hear the gentleman upon any subject but that
but am not an agita'ion-man myself, and am opposed
tn hta ,ttprf hiatt HiInp thp lima
know the unfortunate weakness Of my friend IT he will
allow me to say so-that he cannot discuss any question
without bringing in the question OF Tree soil ~
| The PRESIDENT The senator from New Iiamp-
shire understands the questionable reference OF these pa
peTs 10 a committee.
| Mr. HALE. suppose that the Chair says that un-
dersand the question because he has been listening to
my remarks, and is satisfied that understand il, and
therefore permits TO proceed. The honorable senator
from Mississippi should remember that all OF have not
had much experience upon those subjects as he has,
and possibly OF us have not heard much about
them was maxi ing these suggestions not in light and
frivolous way, but because consider il of some conse
quence that the Senate decide irrespective of
exaneous considerations and upon the naked merits OF
the questions themselves. spoke with great Difference,
and should not have spoken at all if the young gentle
man from Mississippi had not set the example. Now
ask the old gentlemen and the young gentlemen OF the
Senate, and the middle aged gentlemen like my friend on
my left, [Mr DAVIS OF Massachu setis, whether they
know OF instance in which senator has presented
himself with the credentials Of his State the ordinary
form when he has been refused seat! Have they not
always been admitted entirely irrespective of the ulleror
merits of the cams' How was il with respect 10 the
honorable senator from lllinolsf The question was
raised then, and there objection 10 his holding the
seat. senator stood in his holding in his hands
The evidence which would dsqualiiy him Just as much
as If five hundred contestants were here. Yet, in the
face oil all that the Senate unanimously without any OBJ
lection, permitted that senator TO take the oath Of office
They then had investigation, and in a very few days
unseated him. But, until the question decided, the
individual presenting the evidence of due cleo
tonihe certificate OF the governor that he had been duly
elected-the evidence under which every
heIe-the certificate OF the proper officers OF the State
permitted TO take his seat Of the United
States. Has there been instance, unless there
has been something palpable-he Intervention OF ses-
sion of The legislature something OF that sortin which
the Senate have refused 10 let the applicant take his
seaip believe never, siT-neveT.
Then, the honorable senator from Florida mir. NAL.
LoRrl comes within the category. believe it is not
known 10 the senators from half the States of this
Union whether. in the various States from which we
come there is any statute authorizing the governor
certify the proceedings Of the legislature. | am very
sure that do not know whether there is such law in
the Stale which IN part represent very much doubt
II there is. And when the Senate admit senator upon
such certificate they do not know in single instance
whether there is any act of the legislature OF that
Stale authorizing the to certify to the cleo
ton. You have already in one senator this
morning who presented certificate from the gov.
eTnor at all. That was the honorable senator from
New York. He presented evidence OF the doings
oil the two houses in that State, and upon that he
was sworn in. This gentleman from Florida presents
the ordinary evidence, and all that a senator from
any State could be expected 10 present. II seems TO
me that II adhere 10 the have always pur-
sued heretofore, then the SENATOR having the pra ae
evidence that he is senator, will take his seat This
will not confirm him in his seat for moment. Ii will
not prejudice the claims OF the contestant But Think
we shall be pursuing the course have always pur-
sued hope that we shall adhere 10 that course and
that the senator from Florida will be allowed take his
seat and then we inquire into the matter 1t
TO that until he has taken his seat, shall be depart
ing from the old course to take up the matter Now,
sir am not great slcker for Stale rights in the popu-
lar cant-sense OF the phrase am not of those who
believe that there thirty sovereign States be-
eye that the senator from Mississippi Mr. FooTEl is
do not believe in the magnloquent idea OF State SOW
eregnty; but still have notion that some respect is
eregn, and that courtesy requires that should do in
this what have hitherto done, and allow the
honorable senator from Florida, who appears with pria
face evidence TO take his seat and then we can take
the matter into consideration.
Mr. SEWARD. think there is no doubt about the
principle that senator is 10 be admitted who present.
prima faeie evidence OF his election We are all agreed
one person does not present in this case what prina
face evidence. The candidate who first named pre-.
sens what has been received probably from an early day
after the foundation OF the government prna faci,
evidence G., the certificate commission Of the ex.
ecutve OF his State affirming the fact that he was duly
elected senator by the legislature and II nothing else
presented upon the other side that would be deemed
prima deie evidence and would be sufficient But the other
candidate presents legislative evidence OF his election
appehend that II will be found upon examination of the
records OF the Senate that this form OF evidence has also
been always received asprna fdes evidence OF an cleo
ton. believe that there n senator in this
house from the State oil New York who brought here
senator OF that State who has ever been received here
from the first until the last brought "a the evidence of