The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-04-02

n air. wo set this down precedent, where the claim
.,so islacous as not 10 be able get out o
vtywo TO vote for IT, and should pay him for the en-
as session. we may well pass resolution that whoeve
ps and defeated and contests the seat
mall te paid per diem and mileage for the first session
and that will the trouble Of the Ssoate investigating
each claim. What propuety, ask senators, 70 there
allowing Mr. Yulee pay simply because he thought prope
% prefer a claim 10 the of individual elected 10 TIT
bodyl can know the House Of Representa-
lives has been in the habit, where contest was plausible
and doubt entertained, and difference Of opinion pre-
vailed regard TO the right to refer it to committee 10
Investigation, and when the conclusion had been arrived
10 pay both know that upon many occasions when th
question has been determined in favor Of over the ohe
claimant there doubt and il thought rsh. ana
proper that the question should be brought before Inc oou
they have been paid But where the decision Is una"
NOUS that the claim unounded one, can see no pr"
prey in making the payment II We do that every man
who thinks proper do So may come here ana set up
claim and although he may have the unanimous vote against
him. he must have his mileage and per diem lie may
stave off the decision the whole OF the session. ana go
and attend his business and back here al o ena "
session of nine months, and obtain pay os 'he whoe
time. IL may to some 10 be matter OF no cohse
quence but the principle involved an important one ana
should properly decide H. lest should become usoi
GUS precedent. :.
MI. MORTON Il is perhaps due myself and TO my
late colleague that should here say word Dnnrg the
tendency OF the before the Senate between my late
and nv present colleague stuousy avoided participating
in il in an, form shape lhe acts ana doings o my
were pa review before the Senate but
prieiy on M part thought required that should not par
cpate in the contest, so long as II assumed no broader
ground than the between The gentlemen. In
ruth the questions involved constitutional and paa-
mcnary questions, which did not think myself qualified
10 decide and willing that they should be decided by
the able paamenarilns ANA constitutional lawyers selected
by the Senate to decide the question They, after nine
months consideration, decided that question: which de-
con the Senate acquiesced. have word TO say in
opposition the decision. My situation delicate
nv relations Of the friendly character towards
both gentlemen. They bsth belong to different party
organization from the TO which belong; and of course
my on such question could not have been controlled
BY a consideration of that kind But think il due to my
late colleague, who stands in the position OF consttu
ent 10 me- sho aid say here the Senate,
aors who know him viii believe, that he honestly and
siously believed that he enied to the seat which
demanded that he believed Involved high constitutional
question which shoud be decided by the Senate that he
not influenced by any sordd or mercensry motives IN
prosecuting the contest that nothing of the kind had nfu
enced him. but that he honestly believed however
his judgment may have been that he entitled TO the
As,o the aIuson which the senator from mississippi
makes to the time during which the contest pending
before the Senate the committee will bear saying
that fault Of my lac colleague The Senate will
recolect the constitution Of that committees that after
was first appointed, TIN four called home
and vacated their Seats and other members Lad re ap
pointed. My late colleague anxious that prompt de-
should be had every courtesy extended to hun.
He heard before the committee and before the Senate
1t he heard, the senator from Mississippi
said but If may IRISH bull he heard but not
listened II the close of the for
Senate attempt to review and pass judgment upon the
decision of the committee.
have felt bound, in justice to my late colleague, say
this think he operated upon by mercenary views
and motives whatever If he had been he would have
gained nothing, for doubt that the oss of tme which
valuable him. and the expenses incurred in the pros
scuton of hs claim will be covered by the amount of
compensation proposed be given him by this resolution
Mr.. B0RLAND. shall vote for this resolution, as !
think all such resolutions have heretofore been adopted
far learn, both in the Senate and the House Of
Representatives, without any reference the question in
volved affecting the right of the sng member the
who lost his Al that understand has been looked
to in the action Of either house in ting question of this
kind wheher the individual acted good faith prose-
cutting hia claim.
Mr.. ADAMS. viii explain what understand to be
the case Formerly when an Individual claimed the seat Of
the sitting member and the sitting member busted then
the sitting member and the entitled the
both psid. That the custom for time. More
Gently admit the mentioned by the senator has
bean followed.
Mr.. RORLAND. 1 am not thoroughly informed on this
subjects but so far as do know there has been
instance when the diem and mileage has been refused
have never heard of an instance
SENATOR. The senator is mistaken.
Mr.. B0RLAND. The senator says | am mistaken.
sm aware that my Information is not perhaps extensive
that OF other senators but OF instance.
think may speak confidently in saying there has been
instance in the proceedings of the Senate
But Mr. Pre- sidcn something has been snid with regard
the unanimous decision Of the Senate upon the contested
quesion-thst there difference OF opinion in The
committee in the Senate Il i, true, that the result
but WE all know-uothng is better knewn-thut in the
beginning oil that contest, anu Tor long time during It's
tendency there great doubt IN the minds OF gentle
men-very great doubt | know that while senators
doubted, others Of the opinion that Mr. Yulee
entitled to his seat who changed their minds ner the
yesigaon had, and voted the other way. nd
gentlemen did all, because, they alleged
the time the report Of the committee had been long
enough before the Senate to enable members examine
for themselves, and consider all the questions which
presented know several, myself among Them who failed
TO for that reason Sir nobody doubted apprenend
that Mr. Yuee prosecuted his claim 10 good faith whatever
may be their opinion Of bis judgment in the matter.
know further that before he commenced the prosecution Of
It, he consulted great msny that he took the
opinion Of number of senator's learned and experienced
While come expressed the opinion that he entitled to
the hardly any whom he consulted failed 70 saw there
plausible grounds In his favor and really good reason
for supposng good claim might be made out He under
tsok the prosecution of IL, after consultation advice
and satisfied upon honest convictions as any
ever entertained that he emitted to the seat.
Now sir with regard TO the case quoted by the senator
from Illinois and by the senator from indIana-the Ken
lucky cssc makes diff whether the gentleman
claimed his right seat not. The Senate voted
believe ,nimousy that he without coniestng his
without asserting his right IT, should have the
dsm and mileage II supposed by mrny that there
was great principle involved, which brought before
III. Senate 10 lie seled And confederation Of that
and because Of those pressed before
the Senate IN fscous spirit for any personal advantage
TO the individual the Senate awarded the PER en and mil
cage acknowledging that II convinced that he
titled to.
Mr.. HOUSTON. do not desire to occupy the time Of
the Seoa,e bu, viii take the liberty for calling for the yeas
and nays the question: nnsnIuch vote Tor the
resolution. think there IL analogy between this
hnd the referred by the from Arkansas the
Kentucky There was division OF sentiment il the
Senate relation TO that and argued here by
senator's In the OF MIR. Yulee rsoolleci
there discussion IN the Senate, any speeches
made except by the contestant believe he convinced