The daily union., 1852-10-02
Mr. DESAUSSURE, when his name was called
x.scd thai be had paired OF with MIR ADAMS.
FRIDAY. AUGUST ~. 1852.

Ths Senate having agreed 10 proceed 10 the cons,de-
ration Of the report of the select committee on ne case OF
the contested senatorial election from riofua the ioo"
ing resolution was stated 10 DO the pending question;
Rx.oivsd That the Hon. SrkraEs II MALLORY was duly
elected member of the senate OF The United States ifo
the third day OF March, leoi
Mr. BADGER | ask The consent OF the Senate now TO
enable me 10 move take up resolution which was Of
fered the other day By the senator from fionda lMf
MORTON. the purpose OF which IS TO grant PERMISSION 20
the gentleman who the sitting members seat 10 be
heard III the bar OF the Senate wish TO have That resou-
tion taken up and disposed Of feel somewhat deli
eatsly situated in regard TO = moved that e on ,h ,ne
subject had been made the special order Tor particular
day; and although you, kind enough 10 correct
me- yet did not on of the noise and convesa
ton in the chamber hear what you SAID and was not
aware Of the facts until read the report in the papers
therefore ask the Senate now TO take up that resolu
The PRESIDENT The report OF the committee be-
ing under consideration, the Chair does not feel al ber
y, without the unanimous consent OF The Senate 10 take
up that resolution, although relates 10 lhe same SUP
Mr. BADGER / hope the Senate will take up the
resolution in order to relieve me from the awkward STU
ation in in which dislike to be placed,
There being no objection, the resolution was taken up
II IL as follows:
Iaxsoivsd, Tha, the Hon D L. YuLEE who contests the
OF the Hon s MALLORY, have leave 10 be heard IN
person at the bar OF the Senate
The PRESIDENT. The resolution is under consider
atiOn, and the question is lis adoption.
Mr.. GWIN move 10 lay the resolution upon the
Nj Nj. BRoDHEAD must ask my friend from Cali
forna TO withdraw that notion 10 allow me to make
M. GWIN withdrew ii.
Mr. BRODHEAD l hope this resolution will be
adopted A report has been made by the select commit
tee against the gentleman who contests the seat OF the
honorable senaoI from Florida. hold that is his right
to be heard in answer to That report isa right which
has yet been denied TO contestant in The House
OF Representatives least not TO my knowledge. do
mot believe case can be found in the eeciion-b books
whore the right of contestant TO be heard has not been
Mi. BAYARD. shall vote against any proposition
for any further hearing in this for the simple
that presume The purposes OF Justice do not require
The contestant this selected his own mode OF
presenting his TO the Senate by written arguments,
and there have been arguments in reply and counter
plies suppose every gentleman has fully investigated
the question. II has been reported upon by the COM
mittee, and therefore think practical utility
suit from indulgng the contestant with personal ad-
dreas the Senate in connexon with II. ii this were
early in the session, when the hearing would not inter-
fere with the public business of the country, should be
disposed TO grant the privilege; but cannot consent
that on a matter which pertains TO the Senate pecu-
larly-n regard to which the members oil The Senate
have had full and ample means of informing themselves.
and coming to deliberate decson-we shall, crafty
an individual after he has been fully heard for all prac
teal purposes postpone public business pressing upon
ia, with hardly any possible time for It's considera
ton cannot agree to delay public measures for the
personal qualification of Individual in reference to
in regard to which speech cannot alter sol-
tay vote therefore move that the resolution lie upon
Mr.. BRIGHT. | hope the gentleman will withdraw
that motion for moment
MIR. BAYARD. l withdraw IT,
Mr.. BRIGHT gave way to
Mr. MORTON. Mr. President, / feel myself in a very
embarrassing situation with regard to the matter now
pending before the Senate. had chaked out for myself
course of perfect neutrality which have this time
nrsued. and which intend 10 pursue 10 the merits OF
lequestion before the Senate The contestant in this
Ase, however has appealed TO his representative
on this oor ask the Senate that the courtesy and
indulgence should be extended TO him that have hereto
fore been extended TO contestants in both branches OF
r. tooHt tha pf Tod ala
tions, have met with single where a
estan has asked TO be heard. before the Senate the
The contestant has appealed TO his representative
10 ask OF the Senate that that indulgence which has al
ways heretoiore been extended towards contestants
should be extended towards him. So far | cannot and
will not refrain from interfering IN this matter.
II s true brought TO the last days and hours OF
the session. but that has been no fault whatever of the
contestant. All the members OF the Senate
with the facts attending the labors of the committee
The difficulties they had 10 encounter, the absence OF
many OF them the resignation oil some, and various other
causes prevented earlier report As the chairman OF
the committee said in his report the delay, perhaps
the fault OF the committee The honorable chairman Of
The committee in presenting the report 10 the Senate used
this language:
The subject was referred us some months SINCE and
report ought to have been made earer but the commit
tee have been much engaged that they not abs TO
report until this morning"
So that the delay, if any, tIaceabe 10 the committee
hope the Senate, notw standing the late period OF the
eesson-f they determined 10 consider and decide the
cese 1t this sesson-wl extend the same courtesy and
kindness TO my late colleague Mr. Yuleel which have
heretofore been extended 10 all other contestants
II ist true the senator from Delaware remarked that
the selected bis and OF pre-
senBg his but see, referring 10 the volume ui
contested elections, that these have uniformly, IN
the Senate, been referred TO select committee, and have
been fully heard before that committee, aud not heard
before the Senate till the report OF The committee has
been presented The usual course has been 10 present
Arguments and evidence before the committee. II
40 in this case and could be brought to the notice OF
the Senate without being printed feel It TO be my
dniy-a duty which owe to the contestant-to ask the
Senate to adopt the resolution.
Mr.. BRIGHT Since the introduction Of this resolu-
ton have sought vain for precedent authorizing its
adoption. find no instance where the person contest
ing the right of sitting member TO seat here has been
heard before the Senate
Mr. MORTON | can give the senator a case find
the following resolution adopted
"Rssolr,d, That the Hon. James Lanman have leave
be heard the bar OF the Senate the question OF the
right to his therein under appointment made by
the executive Of Connco iicut.'
His right to his sea, was disputed and he was allowed
to be heard at the bar OF the Senate.
Mr.. BRIGHT But Mr.. Lanman was at that time
member of the Senate himself and repeat there ia no
instance where person outside the Senate, claiming the
seat OF senator has been admitted upon the floor for
the purpose OF being heard. | know that the practice
has been dderen, in the House OF Representatives
have, however wish To inerpose my To prevent
other senators from hearing the contestant il they desire
10 hear him ieel veryswell satisfied, and apprehend
with satisfied. with what we heard
In the fiji paoeto 20 back to the history OF this mat
ter--the contestant heard very fully by a petition
prpsAnted N The form d n pamphlet.