The daily union., 1852-12-07

and harmony is very like that apparently unnatural one
ia the prairie dggngs undertake 10 predict that in less
strike his iangs upon The prairie dog OF the North. and
the blind owl OF portions OF the West will also
ceiye similar blow. [Laugherl That prediction may
go for what il is worth; and il attain the reputation Of
prophet. II may at all events console in my retire
ment ErEE@ .f4-&
Now, sir 10 come back to business In the Senate Of
the United States enact the drama which
took place in the House OF Representatives in that odious
New jersey case. Every State must be represented
when presents pya Jaes evidence OF having made its
selection OF senator's and the question must be examined
afterwards. II anything be made out oil H. well and
good |, sir, shall stand here, have always stood
upon questions OF this Sort TO give fair and impartial
decision upoa the case, as far my judgment enables
to form it. without reference either the prairie dog. the
raiilesnake. or the ow-wthout any party prediction
whatever.
Mr. WELLER have no disposition whatever to
engage IN The discussion OF the question before the Sem
ate. II Is enough for me 10 know that there such
doabts as require thai this question shall be subjected TO
the investigation OF committee. But have arisen for
the purpose oil making one remark, In answer 10 what
has fallen from the distinguished senator from North
Carolina, Mr. MAkGum.l He says that he is afraid
that an attempt will now be made 10 revive The scenes
enacted IN the House OF Representatives in regard 10 the
New Jersey contested election and that this country,
without any distinction OF party have passed reprobaion
upon The conduct OF the majority then Now, sir this Is
the first time that have ever ascerained that iact.
was one OF the actors In that oil that
party who believed that those who presented the cef
Gates OF election were not entitled 10 their seats until the
",
facts then There set Of members claiming 10
represent the State, by virtue oil original certificate
der the broad seal OF the governor OF the State There
another of men who laid upon the table of the
Secretary an Official and certified copy Of The poll book
which showed that those who held the certificates
not entitled TO seats Therefore, sir although the
certificate gave the members prma ace right TO seats
yet there was evidence lying upon the liable of the
Clerk which rebuited that prd face evidences by show
ing that the certificate had not been issued in accordance
with the poll book say therefore, that the honorable
frnn Rnnla a akan han hA
sumes that the country has passed upon
ever been M rendered s9s.s,, By i1s the country
MIR. MANGUM. Will the honorable gentleman per-
NIT me 10 explain
Mr. WELLER. Certainly.
Mr.. MANGUM. | was not an actor upon the public
only; but recoect to have heard the trumpet OF ls40
Immediately afterwards sound loudly the wings
have heard sound this last November; and the admin
istraon went out such of public Teprobaton
has not been witnessed in this country since the year
1901 That is what meant II did not mean to ediscuss
the merits OF that question; but know thai in the
pagn OF lS40, when the administration fell under the
weight Of the mountain of charges piled up upon the
head OF Mr. Van Burennow, sir, in the nest with
the raiesnake OF the Soulh-in that mountain of charges
and allegations piled up upon him, few more effect
i've than the violent course OF the House OF Representa-
tiyes, as II was deemed whether II was not do
not undertake TO say-the violent course pursued by
them IN resistance to the prima eis case, with the view
of getting political majority
Mr. WELLER. am very glad 10 learn another fact
from the honorable gentleman from North Carolina-hat
the great contest in lS4O which resulted IN the defeat OF
the democratic party, turned upon the question who
entitled TO seats in the House OF Representatives from the
State OF New jersey. l say have learned that am
a young man, and trust ! shall continue to learn
have no objection 70 aarnng, eyen IRON The senator
from North Carolina, who says that his counsels are
soon 10 be Withdrawn from this chamber. Sir, it is
misfortune and loss 10 the country but trust that the
eounry will surv We it. Sir, was not aware that that
was even one cause that contributed the defeat OF
tie democratic party in the ever-memorabe contest OF
1870
Now, with regard to the recent contest have no dis.
position 10 enter into contest with that in rela
lion 10 the questions which controlled the recent cleo
ton trusted that the senator would have come here in
amiabe mood Ii is true that his party, after al
tempting by system OF humbuggeIy TO deceive the
country, have failed bat j think that my friend
from North Carolina ought take it in better part and
trust that in his retirement be may find ample time tor
repent oil his past political and Inquies There
still hope Mr. President. even for him for know, in
The language OF the psalmis,, that
While the lamp holds out to burn
The vl,est sinner may return" [Laughterl
Mr.. GWiN In order to meet this question. offer the
following resolution:
Raoirsd, That the credentials oil Archibald Dixon esq.,
be referred to select committee OF five. who shall con-
'der aud report thereon.
Mr., MANGUM moved 10 amend the resolution by ad
ling the following
" And that pending the action OF the said committee the
aid Archibald Dixon, be nov qualified and permitted to
lake his seat in the Senate"
j
,ussng the question OF the legality of The appoint
nent OF the gentleman who presents the credentials OF
he Stale OF Kentucky although have upon that clear
and Sed opinion, alter much rejection and consdera
ion but simply TO answer the idea suggested by the
honorable senator from tennessee and afterwards the
further argument OF the honorable senator from North
Carolna-hat is, 10 the propreiy OF the objection be-
ng made now, without any contestant being present be-
ore the Senate, but the gentleman for whom is asked
hat he shall be sworn in as senator. Ordinarily
10 not doubt the party should he accepted when he pre-
'ents his credentials hero, and should be in,
i there is contestant, and should hold his seat until
he question is determined but in this the objection
yefy apparent upon the face oil the credentials them
selves And If the objection arises upon the face OF the
themselves do not the Senate II TO the
country and the body that they should determine
whether the party who presents those credentials shoud
,e permitted TO in before he should be permitted TO
axe his seal. The whole question in this turns
upon the question whether the legislature OF the State
could appoin, TO a vacancy while the seat actually
illed and whether, when that vacancy in fact takes
place during the OF The legislature the constitution
ot the United States does does not vest IN the gov
,rnCr the right appoint and If il does, what is the
tenure OF office os the person so appointed
These are grave questions, Mr.. President but TO my
mind very clear and very apparent Both clauses OF the
providing Tor the election OF senator's to
De perfectly clear and free from doubt PrecedeDts,
passed sub ento Otherwise, may interfere with them
The question is whether objection be raised now
ipon the presentation simply OF these credentials and with
tut the objection OF contestant The Senate must take
notice, body, of iscs within their knowledge
'uch the fact that avscaney occurred in this body by
he death OF Mr.. Clay, duung the month OF June last,
md that this party appointed in December last, long
before that vacancy occurred-from which the question
arises whether, under the constitution, the
legislature appoint TO that vacancy anecedeni To ts
The fact that you have had upon this floor
a nj hp