Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-23

would read thus
And that the commission Of the Hon. David Mcriwether
which he appointed Senator from Kentucky
referred the committee, with instructions inquire
and report whether he 10 Senator under that commission
and If so, when the same expires"
1t to me- sir, that the Senate ought decide
with great deberaton upon the question presented
that it would be immature TO take the judgment of the
Senate without previous reference TO committee 1t
certainly would be very unusual course, and the SEN
ate might thus unfortunately commit themselves to pre-
cedent which would prove injurious The question that
is pending is presented in somewhat difficult and
gled form. The Senator from Kentucky, who resigned
prospectyey, contemplated that his resignation would
create vacancy the Legislature that acted that
sgnaon contemplated that the vacancy which they we're
to fill was vacancy created by that resignation yet it
is manifest that act of Providence disappointed the
expectations of both and created the only which
has been created in the representation from Kentucky
think it would be better have the referred to
committee and if the Senate think it better adopt
the amendment of the Senator from Tennessee viii offer
what have read amendment to the proposition of
the Senator from California and then the whole matter
may be brought before the Judiciary Committee
Mr.. UNDERWOOD. regret that was not here at
the of the session, that could have
witnessed and participated in the discussion which has
been had this, to me, very interesting subject. My
absence necessary one, and present myself
perhaps, in the attitude of intruder into matter
which has been discussed until gentlemen have formed
their opinions upon the subject But sir owe it the
State of which am the sole representative vnd
cate her proceedings, believing conscientiously do
that they can be sustained by the Constitution of the
try by the rules of reason and by the facts Of the
Sir, if you commit this at ALL are we to have NAL
Tory and Yulee Of Are to wait until the end
Of this session before get report And, during the
three months which to come all the interests Of
the State that represent TO deyolve upon my single
shoulders when stand much in need of assistance
any other member of this body? And am | to be de-
prived of the aid the consolation and the advice to be
derived from colleague, whether he be the gentleman
who occupied seat the other side Of the chamber d
ring the last session, Mr.. Merwether the gentleman,
my friend, Immediately before me, Mr. Dixon That is
question of great Importance to me- and to my State
Gentlemen Of the Senate ought not to deprive any State
of this Union of of her in this body
unless there imperative necessity for SO doing
If this question the Importance which gentlemen
have given to it, and it is to be referred the Committee
on the Judiciary, ask members of the Senate in
sideraton of all the other labors which that committee
have to perform, when may expect to have report
and when will that report be finally acted upon and what
is the condition OF Kentucky regards her position in
the Senate Of the United States pending these delays
Sir humby protest against that state Of things think
that Mr. Dixon makes out by the presentation of his
denals prma face that you ought to administer
to him the oath Of Office that you ought to allow him to
take and act with the representative of the
State of Kentucky and if there be any objections to his
holding the Office lying beyond and behind his commits
son you ought then to refer that question for nvesga
ton a committee and if the committee, upon finding
the fact to be according to the allegation that he is not
entitled to the seat let them bring in report which shall
deprive him of the seat That course was taken in the
the ordinary course in cases of this sort.
shall now proceed to show that the commission of Mr.
Dixon which has been read, from the report in
the papers, makes prind facie case upon which you
ought to administer the oath of Office and allow him to
take his and them if he is not entitled to the seat
remove him, by nsttung those proceedings which has
been usual to institute in other
Mr. GWIN. IL the Senator from Tennessee Mr.. JONES'
will withdraw his amendment to enable to do So
will accept the amendment of the Senator from Virginia.
Mr.. MAsoS.)
offered in connexon with the proposition of the Senator
from California and then the Senator from Tennessee
offer his amendment as a substitute for the whole.
Mr. UNDERWOOD. 1t is matter of indifference to
TO the in which the subject shall be pre-
sented, whether with or without the amendment Of the
Senator from Virginia. proceeding to show, in
the first instance that there ought TO be reference at
all until the gentleman before r Dxon is qualified
When shall have shown, think shall in the most
clear and convincing manner that there should be
ference until the oath Of Office is administered shall I'M
dertake to show that his title is clear and conclusive
that need ask for any reference ut ALL and that
upon the principles Of the Constitution the facts and pa
pers in the case reference ought TO take place. and
thereby to burden a committee with question which
shall undertake. hope may say il without egotsm-
to demonstrate and make plain any mathematical
proposition can be made if il were question Of figures
In the first place, insist that Mr. Dixon ought 20 be
qualified, he having made out prima face case without
any reference This depends entirely upon the records Of
the Senate You must decide this first point question
by taking into consideration the credentials read in behalf
Of Mr. Meriweher at the last session Of Congress- and
the credentials read in behalf of Mr. Dixon the present
session. You must, by bringing these two documents in
contrast and considering the contents Of both, decide
whether the prma fcie is made in behalf Of Mr.
Dixon that the oath Of Office should I've administered
Take the first document What does that say! IL says
that Mr. Merwether appointed TO hold seat in the
Senate until the first Monday OF September last IL you
the question upon the face Of that document il will
be that he has right TO hold beyond the first Mon
day in September Such Is the result IL are govern
ed by the positive and words Of the document
But gentlemen sayfor have read the debate although
had not the pleasure Of hearing in order TO escape
the inevitable conclusion forced upon them by the
tents Of the paper that there exrnsic facts to be
considered by a committee. They say we viii not try
the upon the face Of the paper because there
extrinsc facts which want get at and by these
rnsic facts show that the action Of the Governor
wrong in limiting the appointment to the first Mon
day in September Was il heard Of sir before this
that the Senate previous to administering the oath Of
Office and admitting the claimant would depart from the
paper, the commission which constitutes in all the
pra dc right and title in the case 90 behind il and
bring up extrinsic facts which might show that the ind
vidual not entitled TO the sea Why sir did you do
that in the Of Mr. Shields What the extrinsic
fact which deprived him Of his right a seat Alien
age not constitutional residence in the country; not
having constitutional qualification TO hold the
These the facts exrinsc TO the commission; they
facts which, when brought before the Senate and
established would and did that commission But
did you wait in that case TO get at the facts No. sir
you allowed the qualification to take place under the
commission you tried the in its prima ce aspect
looking at the face Of the paper and you withheld any
thing further until the facts fully reported you
Why not do the thing here Why refer this to
committee to bring up the establishment Of fact ex
trinsic to the record and that fact in relation