The daily union., 1852-12-09

eVldence,
tuck v that be was entitled 10 IT, Could Mr. Toombs have
come and contested his seat Could anybody else have
come and contested his seat Wel how did the honor
able Mr. Dixon come He TO I'LL vacancy which
was 10 occur from and after the first Monday in Sepem
ber 1882 the representation in The Senate Of the UNI
ted States OF the Commonwealth OF Kentucky lie brings
his certificate What is the effect OF II! IL the highest
evidence that the legislature of Kentucky hasdone the deed
and the question whether the constitution gave them
the power and here the presumption Is that they exer
cised that power correctly III these presumpions are IN
his favor he entitled by courtesy 10 take the oath But
these presumptons may all be set aside BY somebody
coming in and conesng that he was not consuuonaly
elected thai the legislature not an organized body
or had no power TO elect Butt there any suggestion OF
that kind And il there were such suggestions, what
would courtesy demand 7 Precisely as in the case oil
Robbins and Potter OF the State ot Rhode Island where
both OF them presented credentials hat occurred IN this
way There wing legislature, and they elected Mr
Robbins Before Congress met the legislature was called
again. there having been change IN the Legislature and
they elected MIR Potter Both OF them came here with
the broad seal of the State and claimed TO hll the va
cancy Mr. Robbins first presented his credentials Mr..
Potter in and presented his What did the Senate
do then You a member OF this body aud ask,
what did the Senate do in that case IRON Rhode Island
Either the other OF these gentlemen was entitled
TO the They took the rst man elected-Mr Rob
bins shown by his credentials and they said In
obedience what is due 10 the sovereign power 81 that
State they are entitled 70 representation and hge Is
prna acis We will admit this individual, and then
refer the question OF The constuonality oil the second
election committee and if they decide that was
CONSTITUTIONAL will reverse the power to hold The seat,
Now there is nothing OF this kind here What do we
ask appeal to the dgnity OF the body, 70 tAe courtesy
Of the body, why will you send The Credentials OF alr
Dixon TO a committee, when the Senate have never done
il before Why is il that the broad seal OF ksniucky is
thus be treated when the broad seal Of other Stale
has ever been so reaedl But they say, there is MIR
MeTwethers testimonial. | say the testimonial - tue
very The testimonial ls under The broad seal
of Kentucky, and read here yesterday, lna be was
senator only 10 the first Monday in September by the
governors appointment, and here is the nstmonial OF
Mr. Dixon that from and after thai first Monday IN Sep
tember he is the Where is the cogicti Where
the ground upon which stand and sy that Ken
tucky shall not be permitted send her representative
here There is not particle OF evidence, there is not
eston, there has not been thought, that ii should
be put upon the ground that Mr.. Dixon was elected
unfairly or ncompeieni!y But it is SIMPLY ths-tha
somebody else, that MIR. Merwether is entitled 10 the
seat, while their record shows you thai br. Merl
wetber is not entitled TO It,
do moi know how shallvo,e upon the final question
but the question in relation 10 the amendment pro-
posed The main proposition is simply TO reie the ques
ton TO a eommitiee but the amendment is that IN the
mean time the applicant shall be permitted take The
oaih and take bis seat | am IN favor OF that amend
men and shall vote Tor IT, am IN favor the refer
a committee; but as the matter stands, Ton know
from your long experience IN this body that steh an ap-
pcaon has been denied TO any senator presenting
the broad seal OF his State TO be admitted member
upon this floor. Merely for conssencys sake, and tor
the purpose of having uniformity in our actor, should
be favor OF that course for all our institutions depend
and especially uniformity Of action in the body which
| beong-the Senate OF the United States. There will
be no harm done, injury any human beng IL is
said that there doubis-doubts whether Mr. Dixon
entitled the seat or not In The language oil The
tor from Tennessee, if there be doubts, TO whom will
you give the benefit OF those doubts OF courGe 10
The party claiming the seat in the OF sovereign
State of this Union We all equally Interested IN that
and hence say, let that he shall be permitted s
lake his seat and when the report IN in the
lang uage OF the senator from South Carolina, we will
consider il m8turey. By the colrse propose, we
shall stick the precedens, and cannot be charged with
innovations changes or departing from our usual
course for political any other considerations whatever.
Mr.. BADGER From what has fallen from The gen
emen who have addressed the Senate upon this subject,
il appears TO me unde1iable that there Difficult
ties connected with the inquiry suggested by the Iesolu
ton am prepared sir, TO express any definite
opinion the proper which The Senaie shall
adopt in regard TO the subject under their consideration
have been able, far to the necessity for any
reference OF this question 10 committee. The facts
of the case are all before the Senate No evidence
is TO be heard by a conlmtee--no inquiries TO be
made by which the state OF the question before the
Senate can be varied affected But still, sir, may,
for aughi am able at present To perceive be either neces
sary, or moi necessary proper, that there should be
previous ny yesgaon by committee. II IS highly i'm
poant, all events, that this question should be uly
considered and fairly and mpariialy decided. am not
prepared myself at this moment, 10 vote upon The ques
lon under consideration in the Senate think ample OPP
pounity should be afforded every member OF the body
form full and definite opinion upon IL and would
therefore move that The Senate do now adjourn.
The motion agreed to and
The Senate accordingly adjourned.
pECrMprp ,oeo