The daily union., 1852-12-15
CONGRESSIONAL.
DEFERRED DEBATE.
MONDAY, DECEMBER 10, 1852.
SENATE.

SENATE.
The Senate having under consideration the resolution
IN reference TO the credentials OF Archibald Dixon, esq
| Mr.. UNDERWOOD said regret that | was not here
at the commencement OF the session. that could have
witnessed and participated in the discussion which has
taken place upon this 10 very interesting subject
MY absence, however, was necessary now pre-
sent myself perhaps, the attitude OF intruder INTO
matter which has been already discussed until gentle
men have formed their opinions upon IT, Bu, owe II
| 10 the State of which am the sole representative
in this body to vindicate her proceedings, believing
scientously as do that they be sustained by the
constitution OF the country the rules OF and the
iacls OF the case Ii you refer this subject TO commit
tee at all, TO have Mallory and Yuee OF IL
Are we TO wait until the end of the session before get
report? And during The three months that 10 IN
tervene, all the interests OF the State which repre-
sent 10 devove upon my shoulders alone when stand
as much in need OF assistance other member OF the
Senae Am 10 be deprived OF the aid the consolation,
the advisement OF having colleague, whether 1t be the
gentleman that occupied the seat the other side OF the
chamber during the last session. or the gentleman just
before me, MR. Dixon 4 Sir that TO me- and that to the
State OF Kentucky, is question OF great Importance
Gentlemen OF the Senate ought not to deprive any State
OF this Union OF OF her representatives in this body
unless mere is some Imperative necessity Tor so dong
Now sir, II this subject assumes the importance which
gentlemen have given IT. and II i IS TO be referred to the
that committee have to perform, ask members OF The
Senate when they expect report and when that report
will be finally acted upon. And what is the condition of
Kentucky with regard her representatives in the SEN
ate pending these delays' Sir, humby protest against
that state of things.
presentation OF his credentials prina tace case that
you ought to administer to him the oath OF Office that
yoi ought 10 allow him TO take his seat and act with
me the representative of the State and il there be
any objections to his holding the Office lying beyond
behind the commission, let that question then be refer
red TO q committee for investigation; and if the commit
lee find the facts be according TO the allegation, and
| that he is not entitled TO the seat let them bring in a
report to deprive him OF the seat That course was
taken in the case OF my friend from Illinois, Mr.
SHIELDs That is the ordinary course in cases OF This
sort.
shall proceed sir in the first place, show that
these commissions which have been read make out
prtma fdce upon which you ought TO administer TO
Mr. Dixon the oath of office, and allow him to take his
seat and il he is not entitled TO hold the seat, he may
be removed hereafter by insttung those proceedings
which have been had in other similar cases.
| Mr. GWlN. Will the senator allow me 10 say, that
If the senator from Tennessee has objection, and will
withdraw his substitute TO enable me 10 do So will
cep the amendment Of the senator from Virginia, in or
Mr. MASON o this Os s which The SEN
ator from California accepts, and then the senator from
tennessee can offer his a substitute for the whole
| Mr. UNDERWOOD resumed: Well, sir, am indlfler
ent to the in which this question shall pre-
sent sell-whelheT with or without the amendment Of
ered by the senator will now proceed, Mr. President
TO show, in the first instance, that there ought 10 be
reference at all, until the gentleman before me Mr. Dix
onl shall have been qualified Alter shall have shown
as | think most clearly, that there should be
reference until the oath OF office shall have been admin
isered, shall then undertake TO show that his title
clear and conclusive that need ask Tor any refer
ence al all but that upon the merits-the constitutional
merits Of the reference ought TO take place. bur
dening The committee with question which shall un-
derake-l hope may say il wiihou egosm-to demon.
sale and make plain any mathematical proposition
can be.
Now sir as TO the first pontthal he ought to quail.
ed, because he makes out primG aee under his
credentials, before any reference al ahis depends
tirey upon the records OF the Senate and you de
eide this PTtma Jatis question BY taking into consideration
the credentials read IN behalf OF Mr. Merlweiher at the
last session OF Congress, and the credentials read in be-
half OF Mr. Dixon al the present session oil Congress.
You must, by bringing these two documents into con-
traEt and ring he Df bOth 1eriIp
whether the prd fGcie not made out in behalf OF
Mr. Dixon, that the oath OF office ought TO be admins
tered to him Take the first document and what does
that say 1t says that Mr.. Merwether ls appointed TO
hold the office until the first OF September. Now, II you
decide this question upon the face OF the document itself,
Mr. MeTlwether has no right TO bold beyond the first OF
September. The paper limits the right To hold the seat
10 the first oil Seplember and II you try the by the
paper beyond that he cannot hold Such is the ef
feet OF trying the by the terms oil the documents
! But gentlemen say-or | have read the DEBATE, al
though had not the pleasure OF hearing t-gentlemen
say by way OF getting clear oil the trial based upon the
face OF the pape that there extrlnsc facts which
ought TO take into consideration. We will Try the
case upon The face OF The paper because these exrnsc
facts behind and beyond the paper, be brought be-
] fore committee, and we can show by them that the
lion OF the governor wrong limiting the appoint.
ment 10 The first OF September. Now, sir, was il ever
heard OF before that the Senate should depart from the
paper, which states always the prima Jare right and title
Ia the and go behind the paper and bring up extrn
SIC facts 10 show that the individual not entitled 10
The seat5 Did you do that in the OF SHIELDS
What the fact, extrnsc Of the paper which deprived
him OF the right to seatl Aienage. He had not a
constitutional residence in the country. lie lacked this
constitutional qualification TO hold the seat This
a TACT exrnso oil the commission. IL was a fact
which, when brought before the Senate and estab
lished, vacated his commission. In that case, did the
Senate wait 10 learn this facti No, sir, the Qualih-
cation was allowed 10 take place under the commits
aspect, looking at the face OF the paper, and that
alone. You refraaed from entering into any exrnsc
facts until after the investigation by committee, and
their report TO you OF the fact that he eligible.
Why will you not do the same-ihng here Why will
you refer this a committee, TO bring up and establish
facts extrnsc of the record, in relation 10 commission
which upon its face has expred-which is dead
letter brought an end from the lapse of time II is
ground for the Senate to take II is entirely new
position. You not trying the question you should
always do, upon the pria fdce aspect ot the but
you endeavsring 10 reach il by gentlemen arising in
their places and siang not that the paper shows that
Mr.. Meriwether, who qualified al the last session.
has now any right to the seat but that there facts
listing exirnsc Of that paper which can be brought 10 the
attention OF the Senate, upon an investigation before
committee, which will show that the governor did wrong
That is the way that 1t is TO be reached,
Now, sir, say that the Senate ought not TO do that
thing On the contrary they ought TO look the face
OF the paper, when they Will that IT snow imperative
they will see that II is dead They will that the
time for which the gentleman appointed has passed
by. II has gone forever upon the face OF the paper
And then they will In the place. that which
beg leave to call your altenton-bat my friend
before presents under the seal OF my State, and
under the signature OF my governor paper showing that
the legislature of my State elected him 10 no Id
ton in this body senator representing that State from
the very day that the other paper to which inv tied
| L.. sla II ~.