The daily union., 1852-12-09
THE UNION WASHINGTON THURSDAY MORNING DECEMBER 1852

10 Tue question ds 10 Credentials and IL seems 10 nc
would De perfectly proper and consonant with previous
precedent 10 refer that Question 10 committee. II the
Senaie determine 10 raise committee. My only object
however was 10 get along with the public business, ant
10 get md OF any embarrassment in relation the ques
ton and il seems 10 me the best way ia which
do that is BY general consent TO strike MIR Merwelh
ers name OIL the roll, and let the whole matter be
feHed 10 committee.
MIR. BRIGHT. MIR President, I apprehend IL Mr.
Merweher in his seat, he would not be entitled "a
in this upon general parliamentary principles
This is matter IN which he is directly interested, and
every principle OF parliamentary law excludes member
situated as he is from voting lie Is absent for two
sonsa OF delicacy would prevent him from
pying the place to which he entitled, under the creuH
stances that al present exist and is due To him TO
that he is moi claiming this place. He sets up claim
TO il. understand him 10 occupy this attiude-that il
he be entitled 10 snder the order OF the Senate carry
ing out the constitution according to It's letter and spirit
he Is willing to take it-not otherwise Now, believe
he IS the sitting member, and as such would be entitled
vote IN The ordinary course upon any other business
cept that in which he is directly interested but in this
case apprehend he would not be- will read from the
Manual. and believe the general principle is laid down
IN all parliamentary practice, and is universally rec
ognsed
'Where the private interests OF a member concerned
IN bill or question, he is 10 Withdraw. And whe,e such
an interest has appeared his has been dsalowed
even after division In contrary only to the
laws OF decency but to the fundamental principles of the
social compac which denies 10 any man 10 be Judge IN
his cause, for the honor OF the house that lhs rule
oil mmemoIai observance should be strictly adhered to-
apprehend. if Mr. Meriwether were here. as | said
.
waste Of time 10 discuss this question
The PRESIDENT That wk not prevent US from
calling his name. unless lhe Senmake some order to
Mr. CLEMENS. Mr. President, / think the honorable
senator IRON Virginia msunderstands me, and also msuu-
desands the question before the Senate The question
pending before the Senate is not upon
Of the credentials; it is upon an amendment submitted,
believe, by the honorable senator from North Carolina,
lMr MAkeuM,l that N the mean time Mr. Dixon be
tempaied the reference OF the creden,als The amend
ment which Is the question now pending is that IN The
mean time he be sworn IN Therefore say iha. thus qaes
not, decides my If Mr.. Merlwether presents no
prima acie casef his is TO be blotled OF from the
records OF the Senate-he senator then presenting his
Credentials is entted to be sworn in, and snail
have him in; but if MIR Meriwetier claims to
member of the Senate he has primd Ic,s case, and
the other senator Is not entitled 10 De sworn IN II brings
up the whole case; il decides my vote, al all events.
The PRESIDENT, Tne Chair will be governed by the
disposition OF the Senate in this matter.
nr. CAsS. | take il for granted, Mr. President, that
when the clerk proceeds call the roll aud the
aame OF Mr. Meriwether, il is objected TO, II brings
up whole question The roll precisely the "a ne
was on the first of last Sepember We stand as We
did then Ii objection is made to calling his the
grolns that his term has expired, it Immediately brings
up the whole question before the Senate.
The PRESIDENT lhe chair will direct the roll TO
be called it stands if that be The understanding OF the
Senate
Mr.. CLEMENS | have no objection TO the roll being
called as II stands; but when the name OF Mr. Meri-
welher is called, shall object thai he is not member OF
the Senate and thea the question will have 10 be de-
The PRESIDENT. If the Chair, then, should order
the calling of the roll it will bring up the whole debate
Mr.. CLEMENS. shall certainly pursue that course
The PRESIDENT II senators are ready for The
question, the roll will now be called.
Mr.. MANGUM asked that the amendment nigh, be
read and II read accordingly.
Mr. Blu TIER. Mr.. President. think il is important
TO have an impartial decision Of this question Ii
is made upon the calling of Mr.. Menwethers name
many OF Us will be committed without understanding the
subject II will be a form OF decision which will be
favorable 10 a true settlement OF Tue question--ibat is
we Will have decision first, and The dscu sson after
wards that will be the result Ii honorable senator
from Alabama should object il will bring up the whole
Mr.. MANGUM. would inquire. Mr. President, how
The name Of MIR. Merweihst comes upon tn. reii a.
merely list OF the senators for the use OF the clerk In
making out that list the Secretary confines himself TO the
prt1d fdcis case; and upon the certificate Mr. Merl-
wether ought not TO have his name upon The roll.
would inquire therefore, by what authority his name is
The PRESIDENT. The authority is very apparent
Mr.. Menwether a member of the Senate al the last
session. and thus his name appeared upon the list al
that tlme There is decision made that he is en
tied 10 seat at this session; that the question now
pending and until that question is decided, The clerk has
no alternative bat 10 keep his The Chair there
fore brought the matter before The attention OF the SEN
aie that they might take action without prejudging The
question; and the suggestion made that by general
consent the should be passed for the present.
which would not prejudice the claim OF MIR Merweber
or any else
Mr.. CHASE. | would ask whether il would not be
in order to that in accordance with geaera prece
dent, Mr.. Meriwethers name be omitted IRON the roll,
and the Secretary be directed TO omit his upon the
present call II that is in order, il will meet the whole
difficulty, aud the object OF the from Yir-
gina.
The PRESIDENT. By general consent il can be done
MIR. CHASE. Then make that motion.
Mr HUNTER Ii 1t is done by general consent II will
reserve his right but II done by order will preclude his
right.
MIR CASS IL will certainly bring up the whole ques-
ton, and does not remove the difficulty at all.
Mr. HUNTER think | not precisely under
stood before This assimilates itself more nearly
considered IN it's present position, TO OF double
turns Than TO any other OF which have prece
dents. Suppose two members present themselves, each
OF whom has return; do you swear either OF them
NO. SIR; you refer the matter 10 committee, to examine
which oil them is entitled to reiurn-which OF them is
really returned; and until That question is decided neither
oil them vote II seems to me, therefore, that il would
be regular and legitimate to refer this whole question TO
comnliee, because as il stands il assmIlaes itself
more nearly TO OF this sort than any olher One
party contend that The certificate which Mr.. weher
did present. although limited by the governor, was
turn, and conferred an appointment upon him until an
other legislature should elect another portion OF the
Senate believe II was RETURN and that the only return
the present vacancy s that presented by the creden
tails under the legislature 1t is therefore dispute in
relation 10 this very question OF return, and dispute
which ia emlnenily fitted for committee 10 examine and
settle II is Tor that that propose thai. By gene
raj consent, postpone decision Of The question, and
let the whole matter 20 committee II Is not merely
a question of election, but of return.
Mr. CIV IN II resolution Is oftered, that when the
Secretary shall TO the name Of Mr.. Meriweher
he shall omit TO call IT, does that bring the question up
II so,I will submit such a resolution.
The PRESIDENT. The senator from Virginia sug