The daily union., 1852-12-08

How are we 10 determine who entitled TO seats
herel The history of the Senate from ITS organization
down 10 this hour, IS perfectly clear ana inosPuaoe
upon that point Ii is the individual presenting claim
here in this Senate, together with such EVIL
dences OF tile usually requredsuch as are IN con,
fpmity with the req direments OF the constitutions ana
such as have been recognised from the foundation OF the
government 10 the present hour. The lndyiduai COM
ing here claiming 10 be senator from any one OF the
States oil this Unon comes with those powers and au-
thores and those testimonials asserting his claim does
not become the Senate according TO invafiable usage
accept such testimonials such evidences of title, and
accord 10 that claimant all the rights, powers and prv
leges that accorded 10 o,hers That brings up the
question whether the applicant shall be received upon
the presentation OF his credentials ms creden
tas prinaa Jace evidence not That is the ques
ton No gentleman, believe, upon the floor has at
tempted yst 10 show that The claim OF Mr. Dixon Is
Illegal informal in variance with the requirements OF
the constitution. He comes here with commission
made according 10 The forms aud usages OF the egs
atue of his State; ne here with the seal Of its
CHEST fnnctionary; be comes here with all the endorse
menis which the law requres he comes here claiming
70 " % q ssaSo @ No %sp G o me
that that seal is not The seal OF kentucky no man
asserts that that commission is not in due form OF law
All these questions are waived. as@t aegfHk
then come 10 the inquiry how il is that that honora
BILE gentleman is denied the privilege Of taking his
seat upon thus floor Shall we go beyond these lesti-
monias! Shall go behind them, and imagine
that some other man is entitled TO the seat q II
SO, how, ask, can any senator claim seat upon
rather may not the conlecures arise, in the
case OF any man who presents his credentials here claim
ing bis seat in the Senate When had the honor 10
here aud present the credentials furnished me by the
State OF Tennessee, why did senator arise IN his
place and that my credentials be referred TO COM
mee for investigation They had the same right to do
il in my they have in the case now before the
Senate They had the same right TO do II IN the case OF
every senator occupying seat upon this oo that they
have in the case OF Mr.. Dixon. He here, then,
with all the forms OF law upon his side Yet
qured asked to refer this whole question 10 commit
mittee Tor investigation, upon some imaginary case of
nnfatI pf yha nl haru M man
standing before us making claim. The cerhcate OF
election is the highest testimonial that be presented.
The certificate OF the election taes, and has been
held by the Senate from its organization down 10 the
present day, with but one solitary exception that have
been able 10 find in the journals OF this body Then, II
these testimonials TO be taken prnd acs evidence.
why permit Mr.. Dixon TO take his seat and enjoy the
rights guaranteed TO him by the seal OF kentuckyi and
why not permit Kentucky 10 enjoy The rights which the
constitution coniers upon herr Then, gentlemen wish
TO out quest OF doubts, there will be time enough
settle that question while kentucky is enjoying all the
immunes that the constitution guarantees 10 her IN COM
mon with other States of the Union BY pursuing diff
erent Kentucky would be disfranchsed all the
time this subject would be unseted and you might keep
this question before the committee until the close oil the
session. and during that whole time OF the sovereign
States OF this Union has been divesed and, an believe,
improperly OF the highest political boon that has been
conferred upon it. Now. senators prepared TO take
that step! Are senators prepared, upon a supposious
case aside the seal of the State OF Kentucky and
deny her her equal right and participation IN the rights.
innunes, and privileges which the constitution secures
and guarantees 10 herr hope not; but that remains TO
be
But gentlemen say that while they admit that the cer-
fca,e is prima faeie yet not conclusive Well sir,
il may not be conclusive in every instance that might
porsi6y arss bat s IL remarkable that ia all the
that have arisen from the formation OF the govern
ment down 10 this day has been conclusive. except in
one solitary instance, which will state. find the fol-
lowing in the record OF contested elections for the Con-
gress OF the United States, IN reference 10 contested
seat OF senator:
"Sanley Griswold Of Ohio, appointed by the executive
OF the State, appeared and the 9h OF June, 1919.
! as o
tee OF Elections On the 10Th Of June the committee
ported fdyoraby thereupon, and he admted his
seat
That is all that is said about that case, and il is the
only that have been able 10 find where senator
has not been permitted 10 take his seat upon the pre-
sentaion OF his credentials. What motive operated
upon the Senate IN that are left IN darkness and
doubt for that is all that is said about IT, Can lot
fad almost nnumeabe cases where contests have
arisen when the certificates OF election have been held
10 be not only prima dc,s evidence but conclusive so
far the taking OF the seat concerned even though
those before the Senate in contess Before
go back beyond the present time would ask OF sena-
tors II they do not remember concerning the last session
OF this boiy Who does not remember that the sens'or
from Florida Mr. MALLoRYJ came here aud presented
his acknowledgements here with certificate OF election
from the legislature OF the Stale OF Florida and asked 10
be admitted TO a seat upon this floor And who does
remember that that seat contestedl What was
then done! Does not every senator kuow but too wei
that the certificate OF election held to be valid
CARDS The title 10 the seat; and br MALL9RY was per-
n,ed TO take his seat and occupy IT, although that seat
was contcsted-aye and contested six months N at-
vance OF his taking a. Now, appeal To honorable sem
a'ors to tell me how they make distinction between
that case and the one before us H any distinction Is TO
be made be in favor OF the claim OF Mr. Dixon,
because there s here coniestng his claim; and
IN the ct-e ol MIR MALLORY there was contestant, and
yet the Senate permitted him take his seat will also
illustrate this point by another case-he OF my hon
ofable friend iron Illinois, IMr SHIELDS Who does
not remember that when he here the broad
seal OF the State OF Illinois, and asking seat upon thus
hoor, in his place and proposed that his
Credentials be referred committee Tor inve-tgationf
And who will fail TO remember with pleasure, as do,
that the Senate euse 10 pursue that course bat granted
10 the senator from Illinois his seat upon this noori
Why, then, will you make a distinction between the
cases OF the from Florida and Illinois, IMessrs.
MALLORY and SHIELDS and the OF the senator elect
from Kentucky, [Mr. Dxonn
But will go further back than that. Here is the
case of a contested seat between Mr.. Potter and Mr..
Robbins Here two gentlemen standing before
the Senate Of the United Staes each claiming be the
senator from their State, and each OF them holding
commission from the legislature Of their State. Now
that stronger case II possible, than any other that
have presented Here two gentlemen coming be-
fore the Senate each bearing certificates OF election from
the legislature OF the State which they belonged and
each and both ~ them claiming 10 be the senator for
that Satehe State Of Rhode slaud-and each bearing
the seal Of the State in support OF his claim What was
the decision OF the Senate in that II 10
my mind that the decision OF the Senate IN that is
conclusive IL precedens are to have any influence upon
the deliberations OF this body. II then held, after
debate, that Mr. Robbins entitled TO be sworn in,
and TO take his in the first instance leaving the
dity OF hs title 10 the seat 10 be decided after the