Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-16

That is precisely the ground which occupy to-day;
and, having that distinguished Senator as authority 70
sustain me in that position shall 20 and endeayor 10
remove other difficulties that lie in my way,
1t is not conroyeed by any that each OF the soVe
reign States Of this Unonf they may be termed soVe-
reign and they are called sovereign az least ~
escenceis entitled to two Senators upon TINS moor 70
controyerts that point all concede H. Ihen put Tue
question to Senators to determine by what evidence
be admitted to seats upon TINS moor we
TO determine who are entitled to seats The history OF the
Senate from its organization down to this hour IS clear
and indsputable upon that point Does the individual
presenting claim here to seat IN the senate come win
such evidences Of title as are usuasuch as are 10 con-
Iformity with the requirements of the Constitution and
such as have been recognised from the foundation of the
Government to the present timey Ii the Individual COM
ing here claiming to be Senator from any one OF the
States this Union comes with these powers or authors
ties or testimonials asserting claim does il become
the duty of the Senate according to nvarabe usage
accent such testimonials, such evidences of title aud
cord to the claimant all the rights powers and priy
eges that accorded to others who with like evil
dences
That Mr.. President brings up the question whether
the applicant shall be received upon the presentation of
his Observation-Disclosures his credentials not
prima face evidence? That is the point No one upon
this floor has attempted yet, believe to show that
the claim of Mr. Dixon is Illegal informal at variance
with the requirements of the Constitution lie comes
here with commission made out according to the forms
and usages of the Legislature of his State. He
here with the seal Of It's highest functonaries He
here with all the Endorsements which the laws require
He comes here claiming to be Senator, and man
controverts questions the validity of the title which he
presents. No asserts that his commission does not
bear the seal of Kentucky No asserts that it is
made out in due form of law. All these questions
waived And then come to inquire how it is that that
honorable gentleman is denied the privilege of taking his
stat upon this floor? Are to go beyond those tes
monials? Are we to go behind them and imagine that
some other gentleman is entitled to them Ii so, how
Task, can any Senator take his upon this floor
Nav tha pafuras in the nf
individual who presents his credentials here claiming
seat in the Senate? When had the honor to come here
and present the credentials furnished by the State of
Tennessee why did Senator rise in his place
ana move that my credentials referred committee
for investigation? You had much right to do it in
you have to do it in the now before the Se
You had the right to do it in the case Of
every Senator occupying seat upon this hoor as you
have in the case of Mr.. Dixon.
Mr.. Dixon comes with all the forms of law upon his
sde and asked to refer the whole question to a
committee for investigation upon imaginary case of
claim outside the Capitol for man is standing here
and claiming the The certificate OF election Is the
highest testimonial that can be presented 1t makes out
pria tacie case and has been held by the Senate
from its organization to the present day. with but
ltary exception that have been enabled to find in the
journals Them if these testimonials are to be taken as
prta tace evidence, why not permit Mr. Dixon to take
his seat and enjoy the rights guaranteed to him by the
broad seal of Kentucky Why not permit Kentucky to
enjoy the rights which the Constitution coners upon her
And if gentlemen want go out quest of doubts there
will be time enough to do So and to settle any question
that may arise while Kentucky shall enjoy an equal
tcpation in all the mmunties which our glorious Con-
stuon guarantees to her in with all the States
OF this Union. By different you disfranchise
Kentucky-you deny Kentucky her proper voice in the
deliberations of the Senate You may keep this question
before committee until the close Of the session. and
during that whole time of the sovereign States OF this
Union will have been Invested improperly, believe of
the highest political boon that has been conferred
upon it. Are Senator'S prepared to take that step Are
war ma uiuary tn srt
OF the State of kentucky-to deny her equal partc
patton in the rights, and powers, and privileges which
the Constitution and guarantees to herr hope
not Mr. President but that remains TO be seen.
But, sir, while gentlemen admit that the commission IS
prima fdc evidence they say it is not conclusive WE'LL
it may not be conclusive in every instance that may pos
sby arise but is not somewhat remarkable that in all
the cases which have arisen from the formation OF the
Government Of the United States it has been regarded
conclusive except in solitary case will state that
case:
Stanley Grswod, Of Ohio, appointed by the Executive
Of the State appeared and the 9th of June 1902 IL was
ordered that his credentials should be referred TO the Com
mttee Elections On the 18th Of June the committee
ported yoab hereupon and he was admitted to his seat
That is all that is said about this and it is the
only have been able to find where the Senator was
not permitted take his seat when he presented his Gre
dentials. What the motives which operated upon
the minds of the Senate in that are not informed
On that point left in doubt for what have read
is all that is said about it. But all Of think Of
many cases. yea they nnumerabe where the certif
cate Of election held to be not only prma face but
conclusive evidence Of title far holding the seat Is
concerned. Who does not remember that the Senator
from Florida mir MALLORY here and presented his
credentials certificate of electonfrom the Legislature
of Florida and asked be permitted to take his seat on
this floor and that that seat contesedY what was
done Does not every Senator know that the certificate
Of election was held be valid and that Mr. Mallory
was permitted to occupy seat although that seat was
contested and contested for six months before decision
was made? appeal to Senators to tell me how they
can make distinction between that case and the case
now before the Senate If there be any distinction what
ever that distinction goes in favor Of the claim OF Mr.
Dixon because no is contestng his claim TO seat
while in the case of Mr. Mallory there contestant
and yet the Senate permitted him to take his seat
Then again | illustrate this point by another case
which occurred upon the floor Of the Senate in relation TO
the claim Of the distinguished Senator from Illinois, Mr.
SHIELps) Who will not remember that when he came
here bearing the broad seal Of the State Of illinois, and
asking seat this floor Senator rose and asked that
his credentials should be referred committee Tor ex-
animation and who will fail to remember with plea
sure do that the Senate refused to refer them to
committee and granted him seat this floor Why Will
you make distinction between the Of the Senator'S
from Florida and Illinois, and that Of the Senator elect
from the State Of kentucky
But sir 90 further back Here is the contested cleo
ton case of Potter Robbins. Here were two gen
emen standing before the Senate of the United States,
each claiming be Senator from the State Of Rhode
Island and each holding commission from the Legsa-
ture of that State That is stronger case If possible,
than any which have presented Here are two gentle.
men, coming before the Senate each bearing certificate
of election from the Legislature Of the State to which
they belong and each claiming to be Senator from the
State Of Rhode Island What the decision OF the Sc
in that easel II 10 my mind perfectly clear
that the decision Of the Senate in that case IS conclusive
If any decision whatever be conclusive precedent
Il til .ftA~ nl.usn hat In