The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-18
In CONGRESS OF THE U. STATES
THURSDAY, DECEMBER 10, 1852.
[IE CONTINUATION.


SENATE.
SENATOR FROM KENTUCKY.
The Senate proceeded to consider the following resou
ion, submitted by the senator from California. Ar
Twin
Rsoipsd That the credentials OF Archibald Dixon, esq
30 referred 10 the Committee the Judiciary, who shall
consider and report thereon.
The question pending was stated 10 be the amend
nent offered by Mr. JONES, of Tennessee, to strike out
al after the word Resolved, and insert in lieu there
)f the following
a. That the Hon Archibald Dixon was duly elected by
he legislature of the State of kentaey 10 ll the vacancy
the Senate occasioned by the resignation Of the Hon
Henry Clay. and Is entitled TO seat therein
Mr. HALE Mr. President. when the facts in this
case first came under my own observations did not sup
pose that il possible that there could be two opn
ions upon the question, when, in connection with The
facts the history of the Senate in prior cases was known
But do not rise to-day expecting hoping or desiring
that thing can say upon this occasion will enlghten
solitary member of this Senate II there IS doubt IN
anyhodys mind upon the annunciaton OF this PROPOSE
tion do not expect tina, doubt but expect
that tina, doubt will be consummated by a vote against
the individual who presents the credentials of the
legislature OF the Commonwealth OF Kentucky But did
ton for intelligence and integrity forbds tbs supposon
that any but the motives could operate upon the
minds should not believe that there room for doubt
in any Intelligent and honest mind; bu, seeing it, am
have been speaking OF the past but something oe.
Cured in the debates Of the Senate yesterday that con-
ess introduced different opinion in my mind, and that
was the bearing of the remarks submitted by the honor
able senator from Connecticut. Mr. IoUcT lconfess
that the gemaske which he favored The Senate with IN
vested the subject With new Interest and presented 4
under new aspect, because he suggested 3nd think
with great truth and great propriety that there was
question back Of the whole of this subject, which had
never yet been presented TO the consideration OF the SEN
aie and far as be knew, had never been considered
al all listened With great deal Of interest and great
deal OF expectations and earnest desire ior gh 10
know what this great question could be that laid back Of
everything that had heretofore engaged Ing attention OF
the SeDae in all past time; and when be announced
that question which laid back OF everything and was to
decide everything which GANG after IT, aoceded al once
to everything that he saldl acceded 10 all when he
announced that question TO be whether man could re-
sign his senatorial Office after his death And believe
that in all the histories OF Debates in all forensic clubs
in I'LL academca associations, in all moot courts in all
lyesums for the exercise of the ingenuity youth in per-
feeling talent for forensic dspuation this question has
never before been started beeys thai va are indebted
entirely to the sagacy and fertility OF imagination Of the
honorable senator from Connecticut Mr. ToupEVl Tor
the flashing upon Of this great question which is to
decide THIS whole matter.
confess that when FIRST heard that question il struck
as entitled 70 everything that the aanstor had said
about it. had been heretofore content, in the pnsophis
ticaled ignorance OF my reflections, 10 with mistaken
confidence upon the announcement OF Revelation that
thera was mo work, nor device. nor knowledge. nor
wisdom in the grave, whittier thou goest" And |
supposed IL was settled not only by the expe-
rience of the living, but by the teachings of Rev
citation, that dead man could not resgn~-that the
5 III
had seen stalking into the Senate chamber from The
charne house the ghost OF departed senator. coming
here tender his resignation should have said thai
there was question even back of the question brought
up by the senator from Connecticut, Mr.. ToUcEr,l and
should have said 10 him in the language OF The poet
$3.50 60 answer me:
Let me not burst ia Ignorance but tell
Why Thy canonized bones, heafsed in death,
Have burst their oerenenu' Why the sepuicLre,
Hath opsd his pondciols and marble Jaws
70 cas- zee IN y
should have called upon the ghost 10 answer that
question before would have gone into the considera-
ton OF the question 10 whether he had right to
sign That what would have done and think the
Senate owe debt of gratitude The honorable gentle
man from Connecticut tNr. TouoEYl for setting forth
this question fully frankly and freely as he has, and
discussing with all the sagaci,y which he has brought
TO the consideration OF Craze question. aug hter
Can dead man resign! No, SIR. do not believe he
can. lLaughlerl
The honorable senator puts il in ibis way whether a
senator resign his senatorial Office after his DEATH
II is not whether, while he is living, he shall make
signaiion TO take effect after his DEATH but whether be
resign after his death Sir, think this ought 20
committee, taughierthai Is TO say, II there Is any real
doubt about IT, But am at loss TO know what committee
oughto be referred TO. do not know OF any proper
ntiee here am not question: wonid not be
most properly considered by those members that stand ont
side OF healthy political organization; being question
Of DEATH those members who stand in the nearest relation
10 deaih--ibat is, outside OF healthy erganizatioat
would constitute the most proper tribunal To
consider the question acceds ell the importance TO
hat is claimed for this question, and suppose, coming
rom the which Does and considering The disn
yuished position which ihe seDaor from Connecticut
Mr. ToUcEYl has heretofore holden the Law officer oil
The government, take IL that this must be considered
The judicial view take by the healthy organization which
be represents, and as such shall considerit
| am sorry that destitute OF precedeais oa
such question. have since the question was started
upon my mind, looked through such authorities
could command, and which would be calculated 10 throw
light upon The question: and cannot End, amid the va.
yaries OF poetry, that the thing has bae discussed
DE- started before have endeavored TO 90 back IN my
own recoectons, and, quitting the living world. TO go
INTO the realms OF sleep, and yet confess that even
when lets 90 the rein, and the widest vagares
81 an unbfidled imagination haze run through my
thoughts, the idea has never presented itself 10 my
mind whether a dead could resign Office. A nd I
30 not believe that. practically considered il will re-
luire decision at this time. ! do not believe that
here are any dead that will hereafter under
AXE to resi@n Laughter j and think that, until thai
ease IL presented, II s not worth while 10 waste
time and ingenuity IN specializing nponto cay the least
.uch an improbable occurrence WE'LL Sir letting all tina,
yobeiag content for upon the assurances OF
Revelation, that there u device the graveand this
nust be device ii IL is 5nyibng-l will let that part OF
be qnes,ioa and -ii come frop The 'a"d NJ 'he
his usstion as IL presents itself to my nina.
Mr.. Clay, on the nth OF December, 1851, did soiss-
hing or thought be did Well, sir, what did he do
That is what propose TO ask What did Mr. Clay do
Mr. Clay then living the 18th OF December, and
undertook TO do something, and thought that he did do
something Did he notify the governor OF ReDigcky that
,e might at future day. resign No, sir; il thai was
he effect OF what he did that u not What be supposed he
vas doing Mr. Clay says. in his letter OF resignation,
. do hereby resign" And that declaration il signed
N. Clayr--lbat il, by the afhxing OF his hand TO
his paper, he says, do resign the office Of senator
IL the United States from tine State Of Kentucky.
hat he otapa nd a fho tnl