The daily union., 1852-10-02

member who occupies the seat will continue 10 oce.na
auns ths remainder oi ia.s session. with all the prs.
tge which the unanimous report OF COMMITTEES ca
give him; and shall be ready aud prompt the oorn
ing OF the nex session, If the report from the Legislature
shall be such as shall Justify ~ TO present before the Sea-
ale the views which entertain this question.
Sir, am obedient 10 the pleasure OF the Senate /
make the suggestion In order that there may be beltr.
OF truth in the decision 10 which the Senate
come and in order that both ii and myself may be re
leved from the embarrassment OF hasy action and sn
uncertain decision, which must Otherwise result uosI
the proposition viii be acceptable to the gentleman who
occupies the seat Although il may not be ia oldsf w
the Senate TO call upon the legislature for Judgment
may beproper for the gentleman holding the and nv
self TO under the guidance and supervision aad
with the advice of the committee TO frame such a ouss
ton TO the legislature will bring directly 10 hs
truth OF the fact II the suggestion acceptable il viii
end the matter for the present session. Although will
be exceedingly nconvenient Tor me 10 come here al the
ext session. will endeavor to do SO; and If should
not be able to come, shall least submit my views
writing to the Senate.
! The PRESIDING OFFICER. tMr. BRADBURY in III.
chair) The Chair understands that the gentleman from
Florida has right TO make Argument but the Char
cannot recognise any right his part to make motion
The gentleman may proceed with his argument.
i Mr. fULEE. do not make motion, though might
refer to precedent If do for il will be found
that in the case OF Mr.. Gallan, counsel per-
med to make motions the floor Of the Senate for ref.
erence, and the direction that argument should take
| make the suggestion TO the gentleman who occupies
the seat 1t is for him and for the Senate to determine
whether that course shall be taken.
| Mr.. BADGER. would. for one, very cheerfully con.
cur in the suggestion made by the honorable gentleman
and would myself submit motion TO tha, effect 1
could conceive that, under any circumstances such 4
course of proceeding would he proper The question to
which he has referred is question either OF fact or OF
law, to wit: whether the resolution OF ls45 was q reso
luton legislative or jadciat in it's character II it IA
question OF fact, the legislature OF Florida now can be
no more competent to decide upon what the fact was
when that resolution was adopted than any other col.
Mr. WELLER. Il is not the same legislature
| Mr. BADGER. II is the Legislature OF Florida ba,
knowledge OF the transaction requires the same per.
sons. II it is question OF law. the Senate must deter
nine that question upon what appears upon the records,
and upon the previous conduct OF proceedings the exs
laure OF Florida, up to and including the time OF this
election and OF course if the Senate had opinion upon
that point. they could not suffer il TO be oysrraed by
remanding this to the legislature Of Florida be.
cause the judgment Of the belongs to u.s. and not
| 10 them.
Mr.. SMITH. 1t really seems to me that we have no
time for this sort of in.erocutory discussion.
| The PRESIDING OFFICER The contestant will
proceed
Mr.. YULEE have done what considered to be nv
duy in order 10 relieve the Senate OF the necessity
proceeding with this case now
Mr. President 1t ls an occasion OF very great regret
with me thai am Obliged, in the pursuit OF what deem
TO be duty and what have undertaken duty con-
sne any portion OF the small remaining time necessarily
devoted 10 the most important part of the business Of The
session. am too we'll aware of the impAtience natural
the Senate at this late period 10 occupy any more Of
their time than may be indispensable such exhibition
OF the case Is necessary TO Just judgment by the Sen
10 refer the mnd OF the Senate points and leave to their
TO bring their minds 10 the conclusion which
the facts and the poihts Of the case may justify
Before proceeding, think my duty the Senate and
10 myself 10 read froan memorandum which hold in
my hand the iass reereuce the progress OF the
for the purpose OF showing that, il it has been brought
10 the last week OF the session. has been by fault Of
nine and thai you obliged 10 lake up this
case without ecori. without statement in the report
OF the grounds upon which the claim rests, without refer
ence IN the report 10 the facts which exst in the
manuscript deposi,ions and which conflict with the points
OF fact made by the report il is not because OF any fault
or delay upon my part Here is precise memorandum
OF the progress OF this case: st
The committee appointed on the 2d OF DecembeH
II convened first the 4lh of December 1t which meet
ing my case was fully submitted. The committee next
met on The 10th of January, when Mr. Mallory sse-
miited his counter statement and argument. ! submit.
ted my reply Instantly. at the meeting. Mr. NAL.
LoRY desired to be heard further. The committee post
poned It's next meeting until January 29h when Mr. NAL.
LoRY submitted an additional argument. and immedi.
atey closed the The committee did again
until the l3ih OF February, when Mr. Berrien having
resigned, and Mr. PEARcE being absent, the commilies
was without The presence Of the only members tho
present when | closed the case, Of whom was in
possession OF the papers That gentleman absent
on account OF sickness. Without application from me-
the committee communicated TO willingness to bear
argument by counsel and in view Of the circumstances
thought il advisable TO aid the investigations OF The
committee by the Arguments OF counsel. whose engage
otherwise would have been directed TO the arru.
men before the Senae. Since that time the committee
has been IN communication with my counsel. From
closed I'LL The ntt
oil lhe last month, since which time nearly months
Il has been entirely confined TO the committee con.
sdered that statement due Ia myself Ii is a precise and
correct statement OF the facts OF the case CONSIDER
fmyself responsible for about weeks OF the time when
was necessarily absent in Florida; but when ef
here, three members OF the committee absent and
the gentleman occupying the seat was there
shall 70 directly to the points made the report OF he
committee, with view OF economizing the time Of The
Senate and shall conEne my remarks present 10 the
issue presented by that report II her grounds should
oe brought forward IN argument Afterwards shall deem
u matter oi duty to ask the Senate to allow TO b.
heard in reply, because | will not avail myself OF The
privilege now afforded by the Senate to cover the whole
ground, in order that the OF the Senate may no, bs
consumed by the discussion of unnecessary points !
shall expect however that II other points brought
forward shall be allowed opportunity 10 reply TO
them.
lMf. YuLrE proceeded to argue his case replying
0tdf TO the points presented by the report OF the select
committee. He spoke TO The end OF the time allotted
him without concluding his argument
The PRESIDENT The Chair is under the necessity,
however unpleasant, Of reminding the honorable gentle,
man from Florida that the time allowed By the SENATE
has expired and that he has allowed twenty minutes
more TO eiapse IN consequence of the interruption OF the
senator IRON North Carolina, and the time consumed 10
the delivery OF messages, which the Chair did not feel Al
liberty 10 take from the time allowed to the honorable
gentleman
Mr. BADGER I confess that am exceedingly sorry
that the gentleman should be interrupted at this point Of
bis argument
The PRESIDENT. The Chair had no other s,erna.
tive
Mr.. BADGER hope, sir, that there will be no obec.
uon upon The part Of the Senate to the motion now
make, mat the gentleman be allowed another hour
conclude his argument
Mr. WELLER II thought, Mr. President, that any
practical good could reSu fron containing the discus