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

investigation by committee But rise for the purpos
of making remark in to what has fallen iron
the distinguished Senator from North Carolina (Nlr
MANGUM) lie says he is afraid that attempt is nov
to be made TO revive the which enacted in th
House Of REPRESENTATIVES in regard to the New Jerse
contested election and that this country withou
distinction II party has passed reprobaton upon th
conduct OF the majority in that House 1t is the frs
time have ascertaned that fact was of thu
actors ia those scenes was one of the party who be
eyed that those who presented the certificates OF cleo
ton were entitled their seats until committee Ia,
passed upon them. What the facts there? Why sir
there were set of members claiming the right Their
seats ~ virtue of certificate under the broad seal
the Governor OF the State and there another set
men who laid upon the table of the Clerk OF the House
III ohciaycertifed copy of the pobook which showed
that the who presented the certificate of the Cover
nor were entitled to seats not having received
orty Of tie legal votes Therefore, although the cert
fcate gave prima facie right to seat there ev
dence lying upon the table Of the Clerk which rebued
that pria cie evidence, by showing that the certificate
had not been issued in accordance with the poll book
say therefore that the honorable Senator from North
Carolina is mistaken when he assumes that the country
has passed condemnation upon that act The facts will
not warrant any such declaration | undertake TO say
that such judgment has ever been rendered by the
country
| Mr.. MANGUM win the Senator permit me to inter.
rupt him? was not actor upon the public theatre
at that time spoke from general recollection only.
remember 10 have heard the trumpet in 1S40 Immediate
" after the which reference has been made sound
as loudly as the Wings have heard it sounded during the
past November, and the Administration then in power
went out with storm of public Reproduction such as was
received by Administration that ever left power IN this
country since the year 1901. did not mean 70 discuss
the merits of that question: but knew that in the
OF 1870 mountain of charges and allega-
tons Of aiquity piled upon the administration Of Mr. Van
Buren, who is now in the same nest with the ratesnake
of the South few effective than the violent as
it e4teemed of the House of Representatives
in resisting and overriding the prima facie evidence Of
the broad seal of New Jersey with view to political ad-
vantage.
! Mr. WELLER | am very glad to learn another fact
from the Senator from North Carolina that the great
test of 1910 which resulted in the defeat Of the Demo-
cratic party turned upon the question of who we're enti
tied to the House of Representatives from the State
of New Jersey. say, sir, have learned that but
am young man, and trust shall continue Il learn.
have objection to learn even from the Senator from
North Carolina who that his counses are soon TO ne
withdrawn from this chamber That, sir, Il mlsfor-
tune and will be loss the Senate thought trust the
country will survive it. But desired simply because
had been actor in and had made my first appearance
upon the which the honorable Senator says the
country has passed Judgment to present IN It's proper
aspect not aware that that was even one OF the
which contributed the defeat Of the Democratic
! party in the eyer-memorable contest Of 1910.
| And now, in regard the recent contest: have no
disposition into discussion with the Senator
from North Carolina OF the questions which were involved
in it. trusted that he would have come hee in more
amiable mood 1t is that his party has teen defeat
ed Ii attempted BY system OF humbuggery to deceive
the country 1t has most signaly failed in that deeep
ton and my friend from North Carolina ought 10 take
it with better grace than he does trust that in the
retremenf private life he will find ample tine TO repent
Of all his political sins, though thy may be-
There is still hope for him for in the language of
the psalmist
while the lamp holds out to burn
= The vilest sinner may return.
Mr. GWIN offer the following resolution, which viii
present the question in its proper form:
Re~ored That the credentials Of Archibald Dixon Esq be
referred select committee Of i've who shall consider and
report thereon.
Mr.. MANGUM | move to amend that resolution by
adding to il the following:
And that pending the action Of said committee TIE said
Archibald Dixon be qualified Gnd permitted take his
seat in the Senate.
Mr. BAYARD. Mr.. President, / do not rise for the
purpose Of discussing the question Of the legality Of the
appointment of the gentleman mentioned in the ereden-
tails Senator from the State OF kentucky, though
have that clear and fixed opinion formed after much
reflection and consideration wish simply 10 the
idea suggested by the honorable Senator from Tennessee
and the further argument Of the honorable Senator from
North Carolina the proprety of the objection being
made now without any being present before
the Senate. said that there should be no objection
10 the gentlemans being sworn in as Senator 1t i!
said that ordinarily, in Of contest party, WheT
he presents his credentials here should be in
take his seat until the question i determined have nc
doubt Of that but in this the distinction is very APP
parent on the face Of the credentials themselves There
the objection arises; and If the objection arises the
face the credentials themselves do not the Senate
10 the country and the body that they should determine
whether the party presenting these credentials IS entitled
to take his
The whole question in this case turns upon the point
whether the Legislature Of the State could appoint
cancy while the seat actually filed and whether
when that vacancy in fact took place, during the
Of the Legislature the Constitution Of the United States
did or did not in the Governor the right appoint
and if it did what was the tenure of office Of the person
appointed? These grave questions, Mr.. President
To mind both clauses ofthe Constitution with reference
to the election Of Senator'S to be perfectly clear and
free from doubt though there may be precedents which
have passed sub sno, which may interfere with them
but the question here is whether the objection should
be made now The credentials which have been pre-
scented show that there election. They must be
taken in connexon with the facts Of which the Senate
must take notice body, because they are matters
within their knowledge such the fact that va
cancy occurred in this body by the death Of Mr. Clay in
the month of June last and the fact that the face Of the
credentials the party appointed in December last long
before that vacancy occurred
Then the question necessarily arises whether under the
Constitution the Legislature appoint to that vacancy
aneceden to its occurrence? The fact that you have OF
this floor Senator representing the State OF Kentucky BY
appointment filling that vacancy and the tenure Of hi
Office not questions depending upon the Will OF the IN
dvidual contestant They questions to be determined
by the Senate with proper regard TO the provisions th
Constitution Of the United States Therefore, they owe
TO themselves, when grave question appears on thu
face Of the credentials Of the party presenting himself herr
to take his seat to make question as TO the power AM
right Of the appointing power send him here IN the mode
in which he appointed and the proper course Is Z
raise that question now.
Ifthis we're light and trivial question; if it
that did not involve point Of constitutional construction
might pass it matter Of courtesy; but 1t s
dangerous doctrine tre with the Constitution OF III
United States any ground Of courtesy. This case
essentially distinct In my mind, from the case clte
by the honorable Senator from North Carolina OF the d
Guilty which occurred the other House reference to tn
of the State Of New Jersey There tn