The daily union., 1852-12-08

sion be granted which We ask IN DehaI ol tue Hshue
man from Kenueky-Mr. Dixon-and be be permitted 10
take his seat now shall by doing preJudge inc
quesloD. Now, IL there be anything IN mat aisumen
ii applies with much force 10 you, sir, and 70 me, ao
10 every senator upon this floor, II can Apply 70 e
gentleman who comes here from ihe oia'e oi heu
lucky Ii senator CONES here and claims sea'; anu
the swearing IN OF that senator Is 10 peJuage anu ~
close or 10 prejudice The claims that may De "
bs ssa by any other person. then all OF US have en-
oyed privilege; and cannot Iof my lIis see Why
il should be denied 10 another person. sos ne1e un,l
men who ser as a precautionary measure and eonsld
erston that this swearing IN oil this gentleman upon Tue
faith OF his credentials is 70 PREJUDICE lhe qaes9n anu
here would ask, pfe)udse il against whom! That Is
question to be consideredagalnst whom VIII you then
be preudging this question say against nobody, be-
cause nobody contests the seatnooody claims y Against
whom are you preudgng. ii This gentleman is sworn IN
and ~ rmitied 10 take bis seat! Against no one bul Al
YOU reluse-mafk what | say--if you refuse TO permit
the claimant TO take his seat you PREJUDICE me question
against him, and you alec preudge the question against
the State OF Kentucky Then, there is anything 10 mat
argument Of preiudgng. Il rs alyea, more Than al-in
favor OF The claimant; because while you refuse 10 swear
him in you refuse TO permit him TO take hs seat you
against him, yon preludge against Kentucky
you PREJUDICE against his credentials prejudice against
The broad seal OF OF the sovereign States OF thus Union
In the other you PREJUDICE nobody because NOBODY
claims the in question. But suppose mere was
weight in this argument OF prejudsng tins quesuon
does not every senator know That by The reference OF h
question 10 committee, il does not preclude the SENATE
from any of action may desire TO take 10 iulure
You admit the HIS seat upon this oor IN or
der that the honor the rights ana the interests OF ne
State OF Kentucky may be preserved at least aooodi
To her own suggestion You then refer the question ~
committee, and that committee, upon investigation, re-
port-we will suppose adversely 10 his CLAIM anu una.
report then comes before the Senate Tor their acuon
hereupon, and every here has right 10 act and
vote for himself and the fact that the honorable gentle
man has been permitted 10 occupy seat upon TINS hoor
does not DENY 10 the Senate the right to change their
opinion and declare that seat vacant Then, we can
hazard or lose nothing in this preadjudication oil the
question. far as il can be preadludged py permitting
tkso tn 1tQh hIZ at
There said to be doubts surrounding this question
Well, that may be the case, but confess that to my
mind there is not doubt; have not shadow OF
doubt resting upon my mind that the honorable gentle
man claiming this seat is fully entitled TO It, But sup
pose there are, doubt there may be- doubts upon
The minds OF some senators in regard to this question
will put the question to honorable gentlemen to decide
to-day how shall these doubts operate! Shall these
doubts entertained to The fomality legality or even
The consutionaty OF this claim here, being IN them
selves doubts operate TO the prejudice OF the rights
and interests of the States OF this Union! why
sir the verest criminal that stands charged with crime
the bar OF his country is entitled TO the beneht OF all the
doubts that arise Yet here is the case OF one oil hs
sovereign States OF this Union, regard to which gen.
uemen tell there doubis but instead OF giving he
the benefit OF hem they are to be used against her, and
she is to be denied the privileges guaranteed to the Veries
culprt that stands at the bar OF justice.
But desire 10 call the attention OF the Senate TO re-
port made by most eminent and distinguished commit
tee OF the Senate upon this very question, years ago
in the same to which have reerred--ihe case O.
Potter Us Robbins. And hope that my southern State
rights friends will listen TO me- do not profess. as yot
all know gentlemen, TO belong 10 the srciest sect OF ha
school, but, il know myself, think am a State-rgh
according TO the extent 10 which think that doc
trne ought to CO. And commend this report TO th'
consideration OF those OF my friends who are extremist
pom that question; and il they will bear with me wit
read extract two from that report The report goe
on 10 say
'In the performance of this duty THAT is the election
senatorsl the State acts in us highest sovereign capacity
and the causes which would render the election of
void must be such would destroy the validity OF al
laws enacted by the body by which the senator was chosen
Other might render the election poidabie
and those enumerated in the constitutions beyond which
Il pray the attention of honorable senators TO hs the Sen
inerpose its authority disturb control the
sovereign powers OF the Saies vested in their legislatures
oy the OF ss uned S as w a @e aRat az II,
time of his eecton2 Had he been nine years citizen
the United States Was he at the time OF his election
c,izen of the State for which he shall have been chosen
Was election held the time and place directed by the
laws of the State These facts capable OF clear dem
onaton by proofs; and in the absence Of the requisite
qualifications in either OF the specified cases, or II the exist
holding election Violated the Senate, acting unde
the power 10 judge OF elections, returns, aud quailhca
tions of its members might adJudge the com
mission OF the person elected void, although In al
respects legal and constitutional But where
the sovereign will of the State is made known through ~
legislature, communicated by its proper official iunc
tonures in due iorm would be dangerous exefton
power look behind the commission Tor defects IN the
component parts OF the legislature on the pee uar organ
oi the body Tor TO lusy tue Senate in de
clsrng ts acts absolutely null and void Such power
carried 10 its Legitimate extent, would subject me entr'
scope OF The State legislation 10 be oveIrued by cur DC
ctsion, and even the Tght OF suHraRe OF lhuNuua eh
bers OF the legislature whose elections were conteee
might be set aside IL would also lead 10 investigation
into OF members in casting their votes for th'
purpose OF establishing charge Of bnbrry corruption
in particular These matters your committee ihhl
properly belong tie tribunals ol the Sate, and canno
constitute the basis which the Senate could, withou
Infringement of Sae sovereignty claim the right TO de
clare election senator void who possessed the requt
site qualifications, and was chosen according TO the form
of law and the constitution
That the report OF a very able committee, year
ago, in the OF Potter Us Robbins
But il is urged that there - vacancy. Well sir
there but two questions in my mind, and according
10 enable to arrive at perfectly satisfactory conelu
sions upon this subject One OF them is, Has senator
the right TO resign in prospective Has senator h,
right to make a resignation 10 take effect IN future
III he has not, then the resignation OF Mr.. Clay Il
void, and all the elections which have taken plac,
under that resignation void also. But is ther,
a senator here who will stake his reputation now
ton TO take effect fuuro Why, sir the whole history
of country is replee with such Mr.. Clay re-
signed IN future; Mr. Buchanan resigned ia future
Mr.. Berren resigned ,n future and all those re-
sgnatons received. acknowledged, and acqu.
esced in by the Senate Senator Foote resigned ia
the same way. And, MIR President, there is stronger
than any OF these. Years ago this question set
tied by the Senate, and has been acquiesced in from that
time the presea and stands the recorded verdict o
the Senate, and followed without solitary exception.
will give the TO which refer As far back the
year 1915, the Hon Jesse Bedsoe, OF the State Of Ken
lucky, resigned future TO take effect upon the 2ih
day OF December he holding his seat in this Capitol
the time When the oath day Of December arrived, the
question raised whether the Hon Mr.. Bledsoe could
hold bis seat not nobody appearing TO take his place
appointment, so far the Senate could know,
han koap Ia rk.aE ~.