The daily union., 1852-10-02

Is based something more than mere courlesy-oh
right 10 be heard The right, II exists al alb is The night
of the constituent body OF the STATE OF Florida whether
Mr. Yuee is is not senator IRON the Stale OF FLORIDA
has not yet been decided by the Senate houghth been
eded by the committee 10 HON The subject was referred
There can be but objection TO hearing the gentleman
who wishes TO be heard and that is the want ol une and
agree that is very strong objection but the contest
here claiming TO be senator IRON the state OF
Florida He brings with him evidence IN support OF
that claim. Considering the laeness OF the period az
which he presents himself, should be dislncilned
10 grant this as a personal courtesy although must
declare al The same time that the honorable gentleman
who asks it, far as am aware rs In no default what
ever. | know he has been anxious IRON the moment
ne heard of the decision OF the committee TO get their
mort before The Senate Although might be disincined
10 grant this as personal courtesy al this period OF the
session. not al liberty to refuse when consider
that il is the right of the State whose representative the
coneslan, claims 10 be must therefore vote 10 hear
him.
MIR MANGUM do not rise for the purpose Of Of
erng any remarks either upon the present resolution or
upon the report Of the committee, but SIMPLY with the
view OF making suggestion which. apprehend. will
be convenient II the Senate thinks proper TO adopt
III and that s to postpone this matter until the second
Tuesday in December next We are pressed with I'M
postant business feel very strongly the necessity OF
giving to this subject the utmost degree OF consideration
am that il is utterly impossible TO do II at this
late period of the session We are TO decide upon oAe
of the delicate and OF the most interesting rights
to every American citizen and 70 every o:ae IN the Union
and full time. desire that full examination and deb-
eraton in order that may be enabled to discharge my
duties manner satisfactory 10 myself Ill
be postponed until the next session, no Inconvenience
can arise. The sitting member will hold his seat We
meet here at the next session. take up the subject al
an early day. and have ample time for full and deb-
crate examination of the whole matter. and to make
matured opinion. will not now make the motion;
merely throw out the suggestion, but It any senator
makes the motion, shall support It,
Mr.. WELLER move that the resolution lie upon
the table -
Mr. UNDERWOOD. | hope the gentleman will with
draw the notion to allow TO read case in point.
MIR II | [
but must insist on my motion
Mr. DOUGLAS. am satisfied that il the opportunity
is given, make suggestions which will pre-
vent the consumption OF much time. do not think II is
right deprive us OF the opportunity OF even hearing the
pecedents read therefore ask the Senate to vote down
MIR. GWlN As this is a test question, ask for the
yeas and nays.
The yeas and nays were ordered
Mr.. DAWSON. beg to say that il the senator from
California proposes to make this test question: cannot
vote upon il as such
The question being taken by yeas and nays the mo-
ton that the resolution lie upon the table, resued-yeas
IT, nays 2s-as follow
mems, Downs, Pish, Gwin. Houston, James, Jones of
Iowa, Norris Pearce, Rusk, spuance Stockton, and Well
NAYs-Messr. Atcbison, Badger Bell. Borland Brod
Dodge Of Wisconsin Dodge Of Iowa. Douglas Feah Gey
er, Hamln, Hunter, King, Mangum, Mason, Merwehsr
Miller, Morton, Seward, Shields Underwood. Upham. and
Wade-29
So the motion was not agreed 10.
MIR. UNDERWOOD ! am for short speeches during
the remainder OF the session. and will endeavorto set
Mr.. B6RLAND. VIII my honorable friend allow me
Mr.. UNDERWOOD. / will be through in mo,
ment
Mr. BORLAND I will make a suggestion which
will save all speech hmaking at this tme with the sena
tors permission.
The PRESIDENT Does the senator give way
Mr. UNDERWOOD Certainly
Mr.. BORLAND submit a motion TO postpone the
whole subject until the Tuesday following the second
Mr.. UNDERWOOD. viii finish in a moment what
have to say and will then allow my friend opportunity
10 make the motion. This is case perfectly IN point 1t
he was permitted TO address the Senate. Ii was mis-
lake, accordiag TO the journal Here is report made
upon the subject according 10 which Mr. Lanman's term
the Senate expired the Sd of March He presented
the governors certificate authorizing him 10 take the seat
in question the 4th of March following at the called
session Mr. Van Buren offered resolution the 5ih,
permitting Mr.. Lanman TO be heard at the bar Of the
Senate the question OF his right to seat That res
outlon was agreed TO- So you perceive that according
10 the report Mr. Lanman's term expired on the 80 Of
March, and that he presented the certificate OF the
ernor OF Connecticut, authorizing him 10 take his sea,
on the 4th of March, at a new session OF new Con-
gress, and permitted 10 be heard upon the question
OF his right to the seat think II is somewhat import.
ant that should preserve consistency in matter OF
this SORT and feel constrained TO obey the authority,
and vote for granting leave 10 Mr. Yuee 10 be heard
The PRESIDENT The Chair was going 10 stale,
having been present AT the time and knowing all the cir
cumsances, that there was no contestant, and Ii was
solely upon constitutional construction that Mr. Ian
man was excluded There was individual holding the
seat. Mr., LaDman forward al the expiration OF
the regular term and The commencement OF the called
session, aud ptsene his certificate from the governor
and II decided that he not entitled TO the seat,
because the legislature OF Connecticut had been 10
sion and had tailed to elect senator The Char felt
called upon TO state the fact IN order that hers might be
a proper understanding OF IT,
Mr.. UNDERWOOD am glad the Chair has stated
the fact. | indebted TO him for II. But wish TO
put this question 10 the Senate Can II make any differ
ence whether there be occupant OF seat and another
individual comes forward and claims II, or whether an
individual comes and Offers 10 be in the seat being
vacant, and member of the Senate Objects In the
case alluded TO, the Senate did reject Mr.. Lsnmans
appli icatIon, and excluded him from the seat
Mr.. BRIGHT. desire 10 say one word IN answer 10
the senator. He undertakes 10 disprove the position
took.
Mr. UNDERWOOD ! wish to finish what have to
say. In that case, admit, there incumbent II
Mr. Lanman not claiming the seat of any incum
bent, but The objection raised TO Mr.. LanmaAs quail
hcaton. His right 10 claim the seat disputed. and
the Senate then settled The principle. that where
dyidua set up claim TO seat, he should be heard IN
behalf OF his case. That is the point that Is pre-
sened IN this The contestant sets up claim 10
seat and il any objection raised 10 his claim, accord
ing TO the precedent you have established be has right
10 be heard and 10 that where there is an
incumbent as IN this IL stronger reason why
The contestant should have the privilege OF being heard
than where the seat is vacant
MIR BAYARD. II the precedent is 10 have any force,
il ought at least 10 have analogy TO the before
the Senate. What is the here presented II is
claimed that the party who contests this ought to be
heard That is the ground upon which the motion
Now has he not been heard Is the form of hearing nj