The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-04-02
In THE SENATE OF THE U. STATES
SPECIAL SION.
THURSDAY, MARCH II, 1853.

Resolved That there be paid out of the con,iny,c a.,
of the Senate 10 the Hon. David L. Yuee sum com, !,
the amount of mileage and per diem compensation -,
senator, from the commencement Of the session Of H.
Thrysscond Congress to the 9Th Of August 1852 ina d
which the Senate decided that the Hon Seph.n o.
Mallory, whose in the Senate claimed by him
duly elected member OF the Senate from the STAT, ~
Florida"
MIR. MORTON. All i wish to say in advocacy Of u.
resolution this only ask for my former colleague I
justice libsraty which has heretofore been given 10 nv
similar IL has been the unifoan practice bo
in this and the other House pay the persons who eons
a the per diem and mileage for the proper time
Mr.. BRIGHT. | do not know that wish to b.. cor
sdered the attitude of opposing the resolution bu, As
wac cha of the commlee that had chare Of the can
ested-eeciion case, think 1t is my duty remind s
Senate that the committee unanimously repore! against m.
right Of Mr. Yulee to seat here and the Senate una
eusy confirmed that report. Now, If 1t the pessn. ~
the Senate pay the mileage and per diem under such ~
cumsances, shall object but desire the Senate be,
they vote u know that the committee unanimous h
reporting against the rghtof Mr. Yuec, and the Senp.
without dissenting voice. the call of the yeas and nav,
confirmed the report.
Mr.. DOUGLAS l desire 10 say--snd the Sen,s viii
recoilect-that WISHED postponemen Of this question
the time when il pending before uH, order hst
might have an opportunity Of examining it, and making
speech upon it. The examination which had given n,
subject convinced me- far had gone that there wa,
great plausbillty IN the claim of Mr. Yuee, and was n
cllned to think that time-and believe no man can
doabtthat he believed he entitled seat ard pros
culed his claim to it good faith No that knows him
Tor
claim good faith have yet to learn that the S
ate have declined to make such compensation ar
asked by this resolution If | recoect right We nav.
within this year paid gentleman who did claim seat
assert his right to it. 1t Is true there were members Of
the Senate who thought HIM entitled seat although /,
did not claim IT, He set up claim whatever belieys
there has never been ease in the history of the government
where there has been contest which the party Who los,
his has been paid Certainly have no, refused
pay where there has been impataon that the con
not made in good faith.
Mr.. MASON think it due TO the occasion to say AZ
member of the select committee on the suhiec that
although that committee, suggested by the honorable
senator from Indiana, in the Judgment 70
which they ultimately came, after full examination Of
the subject and although IN my opinion and in the opinion
Of the committee, the purely legal question WIS axnnst Mr.
fuiee yet there be lte doubt that the gentleman
honestly entertained the very opposite opinion the CON-
mttee and it evnced by the degree Of
industrious his part bring the subject
favorable result He pressed the very strongly and
with which showed the honesty Of his n,en
hon. and HIS desire to have the question properly determined.
he employed, and had before the committee, gentlemen
Of the bar very eminent in their profession and great dir
Junction. one Of them from distance and the other from
TIE city of Baltimore; and he have incurred serious
expense. For these reasons, although the opinion of the
committee against him, well tho opinion Of the
Senate, yet IN my Judgment the Senate should give him
The compensation winch this resolution proposes allow
Mr.. Blu TIER. Mr.. Yuee represented State that il a
neghooring one to my know him very vol and
while my judgment from the beginning decidedly
against him. yet il It had Leen question dependent entirely
upon common law principles, he would have succeeded
And when attended before ths committee and heard The
arguments made by the Counsel EN- ployed know
there many friends who changed their opinion who
were of opinion thnt Mr. YuIee right say
other thing that far regards that discussion many
important principles discussed, and think settled
settled by the judgment of the Senate. Certainly they
presented forclby by arguments and am satisfied thai
MIR Yulees psrseverancehs tenacity Of purpose evsr
body knowsupon that OCCASION ey,nced what the
from Illinois Gays, that he conducting this protest
against tho honorable senator who well fills
in good faith. In that view reconced the rcsou.
ton.
Mr.. BADGER. As was on the select COMMITTEES and
coDcurred entirely in iis report and from the first
ton Of the and after all the arguments abe
to what the lawyers call loop hang doub, upon
think proper add word what has heen said by h,
senator from Virginia. | think he il nniy corres
However cesr may have been and the judgment Of he
committee and the Senate the gentleman VINO claiming
the sent firmly convinced that he was entitled
And there 10 another consideration which weighs with
he was asserting that cai1 with the view of procuring
the seat for himself in this body but vndcae what b
believed 10 be constitutional principle and the night Of he
State Of Florida for he declared most that
that being his object and his sole object IL The OF TIT
Senate should award the him, he would take
but would refer the matter again the Judgment OF TIE
legislature Of Florida IL being case then, of gentleman
Who however mistaken, yet sincere, and who though
prosecuting the contest with zeal and energy and g
trouble and expense was not seeking thing for himself
either OF honor or OF profit but vndicaon OF VIA
he believed to be legal constitutional truth and ghid
his State think but fair and just to pay him the
pensauon hope, therefore, the resolution will be sse
TO.
Mr.. BRIGHT. | did not mean to intimate by the re-
marks which made when frat up, that doubted IN. an
certify OF the contestant in the referred have
doubt that he believed he honestly entitled the psr
and believed that at common.aw he entitled the s
Tie prosecuted H. stated by the from North Carr
Ina, with a view he ssid Of settling great prncips
and be the pleasure OF the Senate under
stances, award him the pay and mileage which beonr
to sitting member Of this body, certainly raise 90
lection have my doubts, however, to the proprey
such a result
IL very different from the referred by The
senator from Illinois. suppose he referred TO the case
the honorable senator from Kentucky, Mr. Mrsrs.rBt
who understand has not taken the pay awarded to hn
under The order Of the Senate but clearly would be snuJ
take " he thought proper do That say
very different from There many gentemth
in this body who yet think that he entitled tho seat
that the limitation imposed by the governor or the Sta.
kentucky IN the poism appointment given by him, W"
mitfou not within his power make that he hsd powd
TO I'll the vacancy, and filed the vacancy for the fun Tins
and not for the time limited in the appointment In this
stance, however-snd not going into The cnse hm
been settled; senators understand Why i was Mr. fuet
claimed the seaihc alleged that twenty-nlne blank vot
elected him. That the point in few words VIII
the honorable from North Carolina, believed
that he had The color Of claim, did suppose Of W
time wis disposed Of that he would assert NJ. I
to the compensation resulting from The prosecution o. hs
claim but II il the pleasure Of the Senate TO give wv
him, be itso
Mr. SEWARD. I shall vote for this resolution upoF
the ground that when Mr. Yuee presented hs objecuoh
the sitting member uncertain whether the eeeuo
of the sitting member valid or not Inc onJr,tobk
cro snch ~ I,st In nv opinon called for Legislative
that there was Oimcuity the ann
ton were to be decided by pecedtnts rom the cHmn@
law The result of the investigation removed AL d"uMl
No mind a. did in The mind q every other senator
az snre that IN, re such question IN the way Of ~
s;,,;no member that do justice to the State of Florida
was Necessary examine It. Now, think th're wout