The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-04-02
Mr.. THOMPSON, Of Kentucky. a. shall herman, b

Mr.. THOMPSON, of Kentucky. As shall perhap. bs
IN small minority IN voting against this resolution de
10 say word in reference 10 IT, Both in his honss
and IN The other branch Of Congress- seems to me there
has grown up great abuse IN reference this thing
ing gentlemen who contest seats The eommon-lsw notion
Is that ~ sets az false caor whether il be an ac-
on OF eectmen for land indemnity for personal proper-
~ or any other proceeding II he fas establish his right
he 10 ameeea and gets mercy for his false cAmor
man IS returned TO either house Of Congress- The pre-
sumption OF The law is that the certifying and returning Off
GERS have sone their duty BY the presumption common
sense ana me common law, the returned by them is
supposed 10 be the man entitled his seat gentleman
chooses 10 contest IT, He makes that contest and after
ar Lia loses H. and Is decided that he entitled
H. But one man Is entitled the per diem mileage and
The perqulsltes whatever they may be- You duplicate the
pay for contest which has delay you in lime which
caused you various other expenses and which has been
uenent 10 The pubc service aud thus instead of letting
the commonaw notion prevail you and say that
you VIII pay hun, as matter of pubic policy for conestng
seat which you yourselves say he entitled TO If
man chooses to contest seat, let him do his peril
do not believe IN The public policy of for
coming here TO conte which you by your ludg
ment and by the law of the land decide that
lied II looks very much like belonging branch
the law pertaining Uarray and champety. Ii does
look - me like the aghtorward, old Saxon
about the strrersup of litigation. this without ref
10 the parties IN this any other that has
been alluded 10.
In the other branch of Congress for sons time belonged
TO the Committee Elections. We had various contests
and various controversies and regret say that
universally IN the committee and IN the House. the opinion
of the members upon the legu question ctg the right of
the member with The parry, by the law large
volume OF conlesed-elecuon given
ghtea upon that subject contained precedents that
were never followed, never looked after We had there
year after election you begin have
them in The Senate and insist the only way dis
courage the thing, to decide that a senator
ana entitled to the emolumenls and to the pay and that
whoever undertakes to Dust member and fails should pay
his cost for his false clamo That will stop
election cases have read vast number of these prece
dents remember, when quite young lawyer, the cee-
braled OF the contested election of Moore Letcher
kentucky The other branch of Congress, after debe
rating eight or ten months, and giving both parties the
mileage and per diem, decided, although somebody must
have been elected, that there election and was
referred to the people They could count the votes
suppose, and both back had second race This
thing OF putting under the head Of courtesy and comp
ment this thing of saying thet the who
he paid for 1T that he does for patriotism u.s. my
Judgment all wrong. yIals aboisnd,s est While
am here will vote for such claim and such pay.
The senator from Indiana Mr. BRiGHT has said that a
late senator from declared that he would take
the pay voted to him. say nothing harsh of that
senator of MIR. iuee but understood The case of
the senator from Kentucky Mr.. Meriweiherl he came
here not eontestns the seat By its mere motion,
voluntarily, without any claim pretence, the Senate
understand IT. gave him sort of pension voted the
mileage and per diem 10 him until the time the
was decided The senator from Maryland tells that
instead OF the senator from Indiana beng correct Mr. Mer
iwetfer has received the pay Am mistaken noti
Mr. PEARCE. You right.
Mr. THOMPSON. The gentleman says | right. |
Where is this thing ltandi say that taking cases
they up here say anything harsh against
OF the gentlemen would encouragement for
geess and claim The old common-aw doctrine IT,
let the have the and ts perquistes and profits
entitled 10 them, and then let the who by the udg-
ment of the proper tribunal haa made false claim go out
of court and take nohing by his declaration shall
agaos the resolution while towards Mr.. Merwether and
Mr. fuee have nothing bat the kndes feelings. In my
it is impouc sanction such principle; and
while hold seat in this body shall always oppose il.
Mr. ADAMS. Ii the Senate is prepared to vote, have
no objection; hut il the debate is TO continue
Several SENATORS. Let us vote now.
Mr. ADAMS. just wish TO say that has said |
aught against Mr. Yuee personally
Several SENATORS Certainly not.
Mr. PETIT. Not being advised upon this question
sufficient do justice either way ask be excused from
voting.
The PRESIDENT The senator will be excused, il
there is objection.
The yeas and nays ordered and being taken,
ruud-yeas %, nays l9-as follows:
YEaS-Messrs Badger, Borland, Brodhead, Butler |
Cooper, Dodge Of Wisconsin, Dodge of Iowa, Douglas
Evans Everett Fitzpatrick win, Hunter, James Jones of
Iowa, Mason, Morton Sebastian Seward, Shields Soue
Sumner and Wolker-2]. /
NAYS-Messrs. Adams, Atchison, Atherton, Bsyard
Benjamin, Bright, Chase Geyer Hamlin Houston, Norris
Pearce, Phelps, Rusk Stuart, Thompson Of Kentucky
Thompson Of New Jersey, Weller, and Wnght-l9.
So the resolution adopted
THE remainder Of this days proceedings has already been
9ubished.l