The daily union., 1852-10-02

bills and your light appropriation BILL are Vel an
touched IN this body The bill Tor The protection of lives
OF passengers board Of steamboats, also vet 10 be
acted upon. besides other important bills winch ought
be acted upon This party has been fully and fairly
heard and his case has been examined BY every senator
who has chosen 10 read the argument which has been
printed and laid before him think. therefore, that IL is
msealled courtesy 10 give hun second hearing in
other form, and am unwilling under the circumstances,
10 sacrifice the public business 10 question OF courtesy
merely.
Mr.. BRIGHT | stated when / was first up that
knew OF no precedent authorizing the adoption OF this
Mr. UNDERWOOD VIII the gentleman lust allow
10 call his attention TO another case Here 10 the
case OF Mr. Lewis who was permitted TO make speech
against the right OF the incumbent TO his seat in the Sen
ale. will send the book TO the senator II he de-
sires IT,
Mr.. BRIGHT / said that knew of no precedent to
authorize the adoption OF this resolution. The senator
from Kentucky (Mr UsDrRwooDl replies and refers 10
a where claimant heard. The statement of
the Chair IN regard 10 the case supersees the necessity
OF my replying AT length The ot Lanman diff
feIent from this. He a sitting member, whose
term expired on the Sd Of March, with certificate OF
appointment in his possession emitting him to take his
seat al the called session Immediately following HIS
right 10 seat denied, and the Senate decided that
he should be heard there being contestant either in
the Senate outside OF it claiming the seat That
very different case from this and not al all in point
Mr. DOUGLAS. think that according 10 usage,
courtesy, and probably right ought to give this con-
testant hearing before the Senate II is said that he
has been heard. He has only been heard the same
any citizen of the United States would have the power
OF making himself heard-by publishing anything he
pleased at his own expense out OF DOORS he has not
been heard by the Senate al all, in any form. have
not read any argument statement OF either party in
this contest, simply for the that was waiting un
til the committee should report, with view OF taking up
the argument and statements OF the report together
and then forming my Judgment upon the case. The COM
millee kept this matter under consideration nearly nine
months and never reported until We were lus at the
close of the session, when we were holding night
sons in order 10 get through with urgent business SO
that have not had time even TO read their report
have myself had time since they made the report to
read it, and doubt whether oneha or even Onefourth
OF The senators have read it, The case may be very
clear to hs committee, but II is not the committee
that to decide the question, but the Senate. The
committee had abundance OF time 10 consider the case
and if il required eight months for them to DECIDE upon
it, ask if the Senate ought not at least TO have two or
three hours to make up their minds upon 1t will not
do for the committee to rise after another and say it
is case clear as not to admit OF question or doubt
and that is entirely unnecessary that the contestant
should be heard II il IS so very clear, why dad the
committee occupy nine months IN considering The case
before they made their reporti
MIR. BRIGHT | will state the reason. if the senator
wishes TO know, In the hrs, place, the senator from
Georgia, Mr. Berrienl no longer member OF this
body, chairman OF the committee, and was called
hone by domestic atctlon and detained there some two
months. BY the usage OF the body was myself then
placed al the head OF the committee. was called home
myself and obliged to be absent two or three months
Alter my return it was the wish OF both the sitting and
The coniesng member that the matter should be deferred
unit, after the sitting OF he two great party conventions
Mt MALLORY. The gentleman has mistaken me il
he supposes ever requested the delay OF single hour.
MIR. DOUGLAS. | should like to hear the other party
on that point
MI BRIGHT do not know that The senator from
Florida pressed the matter, or asked for postpone
ment but certain it is that he willing defer TO the
wishes OF the contestant
Mr.. MALLORY. To the wishes of the committee
Mr. BRIGHT. understood him as desiring not to
press The matter forward and willing to allow the
contestant an opportunity 10 collect his testimony
Mr.. MALLORY. Yes, sir,
ant could not argue the case as they represented 70
until after the meetings aforesaid Soon alter the l2s
convention held Mr.. Reverdy Johnson was taken
suck, aud remained SO for some time AS he was
able to agna the case he was heard and as soon there
after as Possbs the committee prepared 'he! report and
presented 10 this body There were various causes
operating which produced unavoidable delay
Mr. DOUGLAS. do not arTaign The committee. l
did intend cast the slightest reflection upon them,
and trust what said will NOT be construed. Yet
denabe fact that they had two three months
10 consider the before the first occurrence which
called the chairman OF The committee away IL IS unde.
nabe also that some two or three months have elapsed
since the conventions TO which the senator referred ter
minated at any rate since the senator, who now acts
chairman OF the committee returned. The two con-
yentions by the middle OF June; SO that N
regard 10 the months that have elapsed since, all
those spoken OF by the senator have ceased 10
exist Now, if tha committee have had all that time 10
deliberate and come 10 decision upon the case ought
not the Senate 10 have time enough al least 10 read the
report and ought not the contestant TO be heard before
u.s. order that may have both sides OF The question
presented 10 usi
Sir, if | am compelled TO vote now upon this question,
would have TO vote simply upon this state OF facts:
have read none OF the papers, preerung to wait onu
could get the whole, and wishing 10 keep my mind I'M
partial upon the question. But | happened day TO
pass the Supreme Courtroom and noticing an unusual
committee OF the Senate occupying the seats OF
the judges Of the Supreme Court with the chairman OF
the committee OF the Senate IN the place OF the chief jus.
tce lit arTesied mg attention,
Mr., ADAMS. / rise TO a question OF order. desire
10 know II IN order, upon question OF allowing The
contestant 10 be heard, for gentlemen to give history
OF their information or want of nfsrmatloni What we
are struggling Tor nov is time; and let suggest
whether is not better to suffer the contestant TO make
his spesch than 10 consume the time BY talking upon the
question now
Mir DOUGLAS listened 10 the argument then pro-
ceedng by OF the counsel IN this case Ffom that
Argument my previous Impressions much shaken
and must confess that il were bound to vote without
any further examination, without further hearing OF
the should be compelled against tbs report
oi the committee. In that argument that listened to
heard it stated that the election OF Mr.. Jefferson
President OF the Uned States depended upon the ldent
cal question involved 10 this case
The PRESIDENT The senator must not go into the
examination OF the question, any further than relates to
the motion before the Senate.
Mr.. DOUGLAS. | was only going to say ibai heard
that statement made, and the argument upon 1t. heard
a long argument. which will not undertake 10 repeat
but IT that argument be sound, it will control my judg-
men and desire to hear both parties in the before
| am called upon TO decide upon the question. have
made up my opinion ~ the case, because have not
bad an opportunity DO so have purposely avoided
an examination until could hear both parties together
undertake 10 say that has been the practice Of the two
houses OF Congress TO bear both parties 10 contest
xybo has hepn ad audl !