Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1852-12-25
TTI,e- RenfuoISy Senator'S Case.

senate nm he 10th instant-for the fun that is in
what is Said:--
hut something occurred IN the deostes o. we iG sen
ate Yesterday that confess introduced different
opinion in my mind, and that was the hearing oil
The remarks submitted by the honorable senator
from Connecticut,N Mr.. Toucey,) 4 confess tnat
The remarks which he favored the Senator with IN
vested the subject with new interest," and present.
BID If under new aspect, because he suggested
and think with great Truth and great proPneY
that there was question back OF the whoIe Oh inns
subject, which had never yet been presented -, ~
the consideration ofthe Senate, ena' 49, me
knew, had never been considered al all ifsteh-
ed with greatd ofinterest ana great uea' "
expectation, and an earnest. desire .loL3ashLI "
know what this great question co9tu DC tnaI iaIu
back of everything that had heretofore tne
attention of the Senate in all past time; and when
he announced that question which laid back oil eN-
e1ything and was to decide everything when came
after ii, / acceded at once to everything that ne
said-I accededtoiit all when he announced uat
Question TO be whether n man could resign MS
Senatorial Office after his death. And believe thai
in all the histories of debates, in all forensic CLUBS
in all academical associations, in all moot courts.
in alllyceums for the exercise Of the ingenuity oil
youth in perecting talent ior forensic
ton this question has never before been started:-
believe that we are indebted entirely 10 the saga
CITY and fertility of Imagination OF the honorable
senator from Connecticut, (Mr. Toucey,l tor the
flashing upon us of this great queSuon Whlch Is 10
decide this whole matter. -...
confess that when first heard that question 1t
struck me as entitled TO everything that the senator
had said about it. had been heretofore CONTENT
in the ignorance Ot my rehecuons'
tn test with mistaken confidence upon the an
nouncement ofReyelation, there was mo work, nor
device, nor knowledge nor wisdom IN the grave,
whittier thou goest' Andl suppose IL was SetIleu
not only by the experience Of the living, but by
theteachings of Revelation that Geau man Soulu
not resgnSthat the most he could do was tn be re-
signed Tlaughter;l andif had seen stalking into
the Senate chamber from the chaTnal house, the
ghost Of departed Senator, coming here TO tender
his resignation, should have said that there was a
Question even back of the question brought up ny
the senator from Connecticut, (Nlr. TOucey,) and
should have said TO him in the language oil The
poet:
40, anawer
| Let me mot burst in ignorancel but tcu
Why thy eannCn1ed bones he9TSed IN m deaI ,I.,r.
Have burst thell ceremeHtsl Why the sepulehre'
Hath opened his pondsrona and marble Jaws
To cast thee up again!"
should have called upon the ghost to answer
that question before would have gone into the
consideration ofthe question as to whether he had
| a right 10 resign. That's what would have done;
md think the Senate owe debt oil gratitude TO
the honorable gentleman from Connecticut (Nlr-
Touceyl for setting forth this question SO fully,
| frankly, and freely as he has, and discussing II
with all the Sagacty with which he has Brought TO
the consideration of so grave aqueshon. Laugh
| teri Can dead man TeSlgn4 NO. Slr' luo not
| believe ne call l11au6h'Sl'l
The honorable senator puts it in this way;
tShethsr senator can resign his senatorial Office
after his DEATH 1t is not whether while he Is ly-
Ing he shall make resignation, TO take effect al
Ter his death, but whether he can resign alter ms
death Sir think this ought to go to commit
tee laughter-that IS TO say, if there is any real
doubt aboutit. Bull am at q loss to know wha'
committee it ought to be referred to. do not know
| of any proper committee here. L am not certain
that this question would not be most properly con
L 11ara hat
healthy orsanization-it seems to me would con-
stitut. the most proper tribunal to consider the
question. Iaccede all the Importance 10 II That IS
claimed for this question, and suppose coming
from the source which il does, and considering the
distinguished position which the senator from
| Connecticut (Mr. Toucey) has heretofore holden
as the law officer of the Government, Lake ltthat
this must be considered the judicial view taken
by the healthy organization which he represents
and as such shall conSiderlt
am sorry that we are so destitute of precedents
on such question. have, since the question was
started upon my mind, looked through such author
tiles as could command, and which would Oe
| calculated 10 throw light upon the questions and
cannot find, amid the vagares of poetry, that the
thing has ever been discussed OF started before
have endeayored to go back in my ownrecollec-
tionS, and quitting the living world TO go INTO the
realms of sleep; anu yet, confess that, even when
reason lets 20 the rein and the widest vagares of
| an 'unbridled imagination have run through my
thoughts, the idea has never presented tSeli to my
mind whether dead man could resign Office. And
do not believe that, practically considered, 1t Will
require decision at this time do not believe that
there are any dead men that will hereaft,r, under
take to resign; [Laughter,l and think thai until
that case is presented it is not worth while to waste
our time and ingenuity in specializing upon-to say
the least-such an improbable occurrence. Well
sir letting all that go, being content for one to
rest upon the assurances OF the ReVelahon That
there is no device in the grave-and this must be
device il it is anything will let that part oil the
question pass and will come from the land oil the
| dead to the land of the living, and endeavor to
consider this question as it presents itself TO my
mind.
So far as any other considerations may be sup
| posed TO weigh with me upon the matter, except
the simple desire to do justice, the honorable GENTLE
| man mir. Dixon)-the honorable Senator should
say, for think he is Senator-will pn:dOn me for
| SAVING that between him and his predecessor, MI
/ Meriwether, am as Indifferent aS q man can well
he do not know that, looking at all their rela-
tons, personal and political, would turn my hand
one way or the other in order to decide this queS-
ton. They both belong TO "healthy political or
CARNATIONS" tLaughter.l Mr. Merlwether be
blongS to one rather swollen which does not indi-
cate entire health; and Mr.. Dixon to another rank,
j and that does not indicate entire health either.
TLaughter.l They are both alike to me, so Tar as
IpoticaI organization are concerned; and the slight
acquaintance that have with either of them has
Ibeen all that one gentleman has right to expect
lfrom another. l do not know that ever was in
all my life placed in suationin which feltsuch
Indifference as far that is concerned, as am in
this matter
But am desirous that the Senate shall decide
this matter rightly. l was exceedingly gratifed
with the discussion that took place at the last ses
sion, in the case of the contested election between
two honorable gentlemen from Florida [Nessrs.
Mallory and Yuleel; and believe the Senate then
came to an unanimous verdict. There was no
dissenting opinion then, because, in the judgment
of the Senate, the case was perfectly clear That
case struck the minds Of the whole Senate as per-
fectly clear; but no more clearly than this case
appears to my mind. But, while state the clear
ness of my own opinion, beg l may not be con-
sidered as for a moment, questioning the integrity
and intelligence Of those who differ from me.
have lived too long in the world, and have seen
too many ingenious questions started, and too many
plain questions disputed, 10 be astonished at any
thinrr ernerance the Sanntn has tn,,rht