The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-01-07
N CONGRESS- OF THE U. STAT

COMPENSATION TO MIR. MERIwETnEH.
Mr. RUSK Mr. President laid resolution on the
table ten or twelve days ago. and should be very
gIad 10 have il now taken up aud acted upon.
The Senate accordingly proceeded TO the consideration
of the following resolution;
Rssolped That The Hon David Meaiwether, late mem-
her of The from the state OF Kentucky be paid his
mileage and per diem up the 2oh day Of December in
elusive
MI HALE. wish 10 inquire, question OF order,
il three several readings not necessary the same as ii
il WAS Joint resolution since II makes appropriation
The PRESIDENT The Chair will state that i, does
require three several readings That has been the decs
The resolution was then read second and third tnes
and the question was stated to be on its passage.
Mr UNDERWOOD. Mr.. President, think under
stood the honorable senator from Texas, IMr. RUsK,l
when he offered that resolution, 10 say that he offered II
without any consultation whatever with my late col
league. Mr. Merwether but that he had done merely
upon his own moiion.
Mr RUSK. lin his seat.) That is correct,
MIR. UNDERWOOD. have had no conversation upon
the subject with Mr.. Meriwether myself in any way.
be assured that Mr. Msriwe,her had authorized the a-
picaion, for one, could no, vote for it, do il upon
the ground. sir that unless there controversy, and
one which is acknowledged, there is precedent for
sci was member OF Congress when the
first precedent set upon this subject, and voted
against it, and II II were now new question would
against it in every The first case OF the kind
which ever before us was the case OF Moore and
Letcher, Of the Stale of Kentucky. made speech
against the allowance OF pay and mileage IN that case 10
tue contestant. want 10 place all these contests for
here upon the same ground with other contests and
make the individual enter upon The cones, al his own
the practice OF the House of Representatives from the
foundation of the government tar Investigations
have extended, down TO The case OF Moore and Letcher
when the case was decided against my opinion and against
my vote have since that time acquiesced with
out opening mouth, The decision OF according
TO that precedent II was followed up after that time by
I hafor AZ. Il,
in the Senate which settled the precedent. That is my
opinion although | am not perfectly certain, as have
not Investigated The proceedings in the Senate as did al
the time when that case occurred the proceedings in the
other branch OF Congress think that since that
Cured il has been followed in both branches OF Con-
gress
one which am not willing to make unless there was
avowed controversy between MIR. Meriwether and Mr..
Dixon. If the controversy had been avowed upon the
part Of Mr. Meriwe,her. then, sir, the precedent would
have justified the allowance but there being no such
controversy. cannot vote Tor it.
MIR. SEWARD. Mr.. President, was in hopes this
resolution would have passed unanimously No one was
more clearly satisfied in his mind that Mr.. Mer.
welber not entitled TO the seat claimed here. moi by
him but for him, than was But al the same time, il is
due 10 him, and il s due TO ruth aud justice, to say that
the question which raised upon thai seat
question, for which there was no precedent, and that
some of the most distinguished senators upon this floor
of the opinion that Mr. Merwether entitled 10
the seat claimed by Mr.. Dixon. think that we should
have had much greater difficulty in securing the seat TO
Mr. Dixon if Mr. Meriwether had appeared here and
claimed H. 1, therefore, grateful to him and 10 his
political friends in this body that they should have re-
ieved the question fronf that difficulty and embarrass
ment They met it in spirit OF generosity they met
II in spirit OF justice and magnanimy and the ma.
joHy OF The body, agreeing with him in political sen-
msn, yielded 10 the convictions OF The minority, and
gave the seat TO Mr.. DIXON ] was certainly in hopes
that there nothing new in the circumstances con-
neced with this except the fact OF delcacy the
part of MIR Menwether that he has appeared in pub
lie claiming the seat but has been standing back while
members OF the Senate have maintained the ques-
lion in his behaf-as there nothing but this to sepa
rate the case from other precedenu was IN hopes that
we should pass this resolution and give the COM
pensation that is asked.
Mr. BADGER concur, Mr. President, in the view
taken OF this subject by the honorable senator from New
York. The is one in which, however clear indi-
vdual senators may have been in their owR opinion IN
regard TO the particular questions which arose respecting
this seat OF Mir Menweher in the Senate, there was uD
doubtedly large division among The several respective
senators II must therefore al all events be considered
as having been, before the decision OF the Senate
Of doubt seems TO me, however in this case, that The
circumstance that the gentleman whose seat was claimed
Tor him by his friends did not himself inerPose any CLAIM,
but waited quietly until the question should be adudca-
ted by the Senate, far from furnishing reason why
this appropriation for his benefit should not be made,
strengthens the case in his favor and s the very reason
why this should be done by the Senate, and Zone
promptly.
Mr. TOUCEY would submit 10 the honorable sena-
tor from Kentucky that his objection resolves itself into
this that if gentleman conducts himself with grea,
decacy he is TO be paid according 10 the usual GUS
ION OF the Senate but If, on the other hand be
forward and presses his claim with ardo and perse-
verance, he is then entitled 10 the compensation Now,
in this present controversy Mr. Merweher certainly
ducted himself with unusual decacy and reserve think
may say that no far have any knowledge the sub
lect he never approached individual member OF the
Senate, and have no knowledge OF his intimaiing a
wish on the subject So far from not making the usual
allowance to him. this s, in my mind, an additional rea
son why we should do But, II rightly understand
The OF the debate the question turned upon pece
dens apparently in opposition 10 the language OF the
constitution and which there was very considerable
diversity OF sentiment. agree, therefore, with the hon
orsbe senators from North Carolina and from New
York in the hope that this may pass without opposition IN
any quarter
Mr.. BRIGHT II is due TO the late senator from Ken.
lucky to say that not only did he not claim the contested
seat here but he does claim the compensation. HE
leaves the question OF compensation. as he LEFT the ques
ton OF the right 10 take the seat with the Senate lie
came here a hs opening OF the session under the inpres
son that he was consulionally eatted to the place,
He under the counsel and advice of dsng uished
lawyers in the county, and of dstng senators
his body, who entertained honestly the conviction that
he entitled to the place The Senate have ruled 9TH
erwisc He was satisfied with the decision He sets up
no claim whatever TO the compensation. understood
the honorable senator from Texas [M Rusxl say ths,
he introduced this resolution without the knowledge, and
of course without the consent OF Mr.. Meriweiher
have said this merely for the purpose OF letting The Sem
and the country know that be sets up no claim what
To the compensation.
Mr. RUSK One word sir When introduced this
resolution il withou, consultation, either with Mr.
Menwether, or with any OF hts fnends, or with any
senator who voted in favor OF his retaining the seat
here A slated upon former occasioa when his cre-
dentas were presented the opinion vas expressed that
he was a from The Stale of Kentucky until the
various quarters that entitled it to the highest respect AL
that decision " unon the EveTy-