The daily union., 1852-10-02

comes up the same resolution be offered upon II
The motion 10 lay the resolution the table
jecled-ll only voting in The affirmative,
The question recurring on The adoption OF the resou-
| lion il was agreed io-ayes 80.
| The PRESIDING OFFICER. The report OF The COM
mitee will now come up Tor consideration.
| Mr. MANGUM. l now move that the consideration
of that report be postponed until the Tuesday following
the second Monday IN December next. | make il upon
the ground that think 1t is more just TO the Senate
more just 10 the parties. and respectful all con-
cerned. that the subject should be postponed I'LL ha,
time.
| Mr. BRADBURY asked for the yeas and nays; which
were ordered
MIR. BADGER Before the question is taken desire
to state that shall vote for the posponemen OF the
subect-though do it with great regret--upon this
ground: The question now TO be considered must be
admitted on all hands to be an exceedingly important
one, as II respects The rights OF Stale OF the Union IN
regard 10 her representation upon this hoor Whether
the question be difficult not, j, is Of great and pro-
found Importance u is not only necessary that that
question should be rightly decided. but permit TO
although It may seem almost paradoxical, there is
another hing even more important than that, II should
be rightly decided and that Is, that II should be clear
and manifest that has been decided by the Senate
upon tu deliberaon aud thorough understanding
OF the whole because it be manifest thai,
compared with the latter point which | have stated,
s OF comparative nsgnltcance which OF these
gentlemen represents the State OF Florida upon this oor
which has been really elected by the State OF Florida
10 place in this chamber The one in fact is of second
ary Importance, highly important though il he the o,her
OF higher importance, because II tends TO draw into the
question: or to support and establish according as the
facts snail appear one or the Other the character OF
this Senate and OF its Judicial determinations, aud Of
the weight and influence to which they are entitled be-
fore this American people. Ii concerns the moral infu
ence, character and standing OF the Senate and though
feel strongly that il carries ha appearance OF almost
injustice 10 say that after gentleman has been the
oor nearly nine months already and has sat here under
an apparent tle and another has been Tor some lime
coniesng that apparent title. We should adjourn, leaving
cloud TO settle around the question OF right between
them. Still lis great deal better that that evil should
be met than that should hurry through this
decision. which must and will be considered BY the
American people decision made by the Senate with
full understanding OF the case. TIE inference will be
irresistible, hundreds OF pages OF written matter
submitted 10 The committee and II that committee heard
learned counsel four five, hours in the discussion
of this questionable inference will be irresistible in the
public mind that, whether the matter be plain not, IL
has been understood But to understand II must require
more time than we can now devote to il and tor the
reason and Tor that reason only, that consider the moral
influence. dignity, and authority OF the Senate and the
weight OF It's decision upon judicial questions submitted 10
it, involved in this matter, shall support the motion OF
my colleague TO postpone the matter until the next
sion.
Mr.. HALE. II seems to me that there is something
due to the consideration suggested BY my honorable
friend from North Carolina, Mr.. MAsGuM bu, j, has
different application in my mind from that which he
intends 10 give it. He says there is something due TO
the State OF Florida We think 1t is due TO the State
OF Florida that she should know whether gentleman,
who has been here claiming TO represent her months
is senator or not think that is due 10 the State OF
Florida and that sense OF respect TO her should compel
US 10 settle that question.
The senator from North Carolina lMr BADeERl thinks
that II we proceed to settle the question now, we will
leave an imputaon IN the county that this thing has
been done IN very hot haseas II we had not bad time
consider IT, For nine months this question has been be.
fore committee OF the soandes, constitutional lawyers
we could have selected from the whole body. There is
no alega of uniarness against them They have
heard these parties and heard their hearts con-
leni and it is said that they have heard them talk
long, that Il we should decide now, il would leave US
under the mputation that could not possibly have
dgesed the long talk that has been heard before the
committee Sir, is said that the interest OF the republic
demands that there should be an end to litigation. 1t
seems 10 If that is that il its FIRST and chiefest
interest that there should be end to that litigation
which is to decide who to represent that interest in the
councils of the nation. For that reason, think
IT to the Senate, think owe il to the State of Flor-
da, and TO the contestant, TO settle this question
1t is uh9uestonahy great sacrifice OF his private feel
ngs and private interests that be has been here nine
months waiting the action OF the Senate Ii is annoying
enough 10 those who have 10 st inside but II is great
deal more annoying 10 the committee than 10 other
alors. for they have to sit outside think we owe it 10
The contestant TO have this question settled But will
not Suliify myself by making long speech to induce
speedy action hope the question will be taken.
The question being taken the motion to postpone
the further consideration I'LL the next session, it was
osi-yeas IS, nays 37-as follow:
YEAS-Messrs. Badger, Bayard, Rsll, Borland, Brod.
head Cooper Desaussure Dodge Of Wisconsin, Dodge Of
we.her Miller, Monon. aud Uphan-lS
NAfs-Mesafs Adams Achi,on, Badbury Bright.
Davis Dawson Feloh, Foot Geyef Gwin III Ie, Honston
Hunter, James, Jones Of Iowa. King. Mason, Morris Pratt
cey, Underwood, Wade, Walker. and Welier-37.
Mr. UPHAM. III is now in ORDER move that the
hearing OF the contestant be postponed till tomorrow
evening, at o'clock
The motion 10 postpone not agreed to.
The PRESlDEN directed the Sergeant. at arms 10 pro-
vide seat for Mr fuee in the aisle.
Mr. BADGER hoped he would be allowed TO occupy
one Of the seats OF senator's
The PRESIDENT Certainly, II n, genilsnan pre-
less IT. The Chair vas under the iqtHessoa that the
gentleman would prefer another seat
Mr. YULEE, having taken seat upon the floor OF
the Senate addressed the Senate as follows
Mir President, before proceed in the discussion OF this
question lis merits, desire 10 submit TO the Senate
proposition suggestion which may be found
nienl to The business OF the Senate aud which may re-
suit in better assured judgment than TO
In order that the Senate may appreciate the value OF
the proposition which make II isproper that should
preface IL by the suggestion OF one or Two facts
The report OF the committee turns especially upon the
fact that certain resolution adopted By The legislature
of Florida in is45 a legislative resolution prescrip.
tive OF rule Of election in the oi elections by the
general assembly take issue there and assert, upon
The construction o the words 'house" and general as
sembly in The constitution OF Florida, moi prescrptve OF
rule OF election, not n force or eject upon tie udg
ment OF any subsequent legislature and that all the sub
sequen practice OF the legislature had reference TO the
iudgme IN the construction OF the constitution
The depostions proof OF that before The Sem
They in manuscript before the committee, but
they have not been printed The discussion, therefore,
Of the fact will necessarily be vouminous and tedious
must refer TO the manuscript dispositions and to ies-
nony which have secured, well as the leg lsaiye
journals OF Florida. | mean dspaagement OF the
committee when say that this is the more essentially
from the that have reason 10