Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-30
DEFERRED DEBATE In SENATE
CONTESTED SEAT FROM KENTUcKY-cosrIsvr,
THURSDAY, DEoEmBER 16 1853.

| a3lff THURSDAY, DECEMBER l6 1853
The Senate resumed the consideration Of the resou
ton submitted BY Mr. GwIs which had been modified So
as to read: We Fa =
"Resoivsd That the credentials of Archibald pio Esa
be referred 70 the Committee the Judiciary who shall
slider and report thereon
Inc pending question was the amendment of Mr..
JONES' OF Tennessee to strike out all after the word
g resolved and insert
That the Hon Archibald Dixon was duly eleced nv the
legislature Oh the State Of Kentucky to fill the vacancy in
Clay, and is entitled to a seat therein
Mr. HALE said: Mr.. President when the facts in this
case hrst fell under my observation did not
that was possible there could be opinions upon the
subject when In connection with the facts the history
the Senate In prior cases known do not rise to-
day expecting hoping desiring that any thing that
can say upon this occasion will enlighten one solitary
member of the Senate II there is doubt in any body
mind upon the annunciaton of this proposition do not
expect to remove that doubt but Iexpect that will be
consummated by vote against the individual who pre-
sents the credentials of the Legislature Of Kentucky Sir
did not see gentlemen upon this floor whose reputation
for intelligence and integrity forbids the supposton that
any thing but the highest motives could operate upon
their minds should not believe that there was room
for doubtin an intelligent and honest mind but seeing
must believe it,
debates Of the Senate yesterday which confess had in
duced different opinion in my mind and that in
listening to the remarks submitted by the honorable Sc
nator from Connecticut Mr. ToUcEY) / confess that
the subject with interest and presented it in new
aspects, because he suggested, and think with great
truth and propret that there question back of the
whole of this which had never vet been presented To the
consideration Of the Senate and far as he knew had
been considered at all. WELL sir listened with
good deal of interest and good deal of expectation with
earnest desire for light to know what this great
ton waB that lay back Of every thing that had here
ofore engaged the attention and become part of the
history of the Senate in all past time and when he an
nounced that the question which lay back Of every thing
that had been mentioned acceded at to every thing
which ne said OF it. He announced that question to be-
whether could resign his Senatorial office after his
death believe that in all the histories of debate all
forensic clubs in all academical associations in all moot
courts In all yceums for the exercise of the ingenuity Of
youth who are training and discplnng themselves for
forensic dspuatons this question had been start
ed before believe that indebted entirely the
sagacity and fertility Of Imagination of the honorable Sc
nator from Connecticut for the flashing upon us Of this
great question, which is to decide this whole matter
Sir confess that when first heard the question it
struck me as entitled to every thing that the Senator said
about It, had been conented heretofore, in the
phisticated ignorance Of my reflections to rest with
shaken confidence upon the of Revelation
that there is " no work, device, knowledge
wisdom in the grave, whittier thou goes " and had sup
posed that it was settled not only by the experience of
the living but by the teachings of Revelation that dead
man could not resgnthat the that he could do was
to be resigned. Laughter And if had seen stalking
into the Senate Chamber from the charnel-house the
ghost of departed Senator coming here tender his
of the that the honorable Senator from Connec
ticut has raised, and should have exclaimed, in the
language of the poet:
answer me
Let not burst in ignorancel but tell
Why thy canonizd bones hearsed in death,
Have burst their cerements? Why the sepulchre,
Wherein we saw thee quietly inurned,
Hath Cpd his pond'rous and marble jaws
To cast thee up again Z"
should have called upon the ghost to answer that
question before going into the consideration Of the ques
who hal aIo vi, r al clt
the Senate debt of gratitude the honorable Sena
tor from Connecticut for stating this question SO fully
and frankly and freely he has done and discussing it
with the sagacy which he has brought to the considers
ton of so grave question.
Can dead man resign? do not believe he can. The
honorable Senator puts it in this way Whether Sena
tor can resign his Senatorial Office after death" whe
Their living man make resignation take effect
after his DEATH but whether he resign after he is
dead? Sir, think this ought to go to o committee
Laughter that is to say, if there is any real doubt
about IT. But am at loss to know to what committee
it ought to be referred do not see any appropriate
committee the list am not certain that this ques-
ton would not be most appropriately considered by those
members who stand outside of "heathy organizations.
1t being question Of DEATH those members who stand in
the nearest relation to deahand they those who
outside of healthy organizationst to me- would
be the most appropriate tribunal to consider it.
accede all the Importance which is claimed to the
question, and suppose, coming from the from
which it does, considering the distinguished position
which the honorable Senator from Connecticut has here
tofore held the lawocer Of the Government it must
be regarded the judicial view taken by the healthy or
ganizaton which he represents, and such shall con-
slider it.
am sorry that so destitute Of precedents ON
such question. Since it was started l have looked
through such authors could command that would be
calculated to throw light upon the questions and
not find that in the vagares of poetry the thing has
ever been started discussed haye endeavored 90
back in my recollection and leaving the living world
to to the realms of sleep but confess sir that when
let's the ren and the widest vagaries of
brided imagination have through my thoughts, the
idea presented ITSELF whether dead could re-
sign But do not believe that practically the question
requires decision at this time do not believe there
any dead men who will hereafter undertake to resign
and think that until the is presented il is not
worth while to waste ingenuity in specializing upon
such, to say the least, improbable occurrence But
let that CO. Content for to upon the assurance
of Revelation that there is device in the graveand
this must be device If 1t any thng-I let that ques
ton CO. Now Ileave the land Of the dead and come to
the land Of the living and shall endeayor to discuss
this question as il presents itself in my mind.
Mr.. Clay, on the 18th Of December last, did something
or thought he did something What did he do That is
what propose to ask. What did Mr. Clay do? He was
living the 18th of December 1861 and then he under
took TO do something and he thought that he did
thing What did he do Did he notify the Government
Of Kentucky that he meant future day to resign
No. sir. II that the effect of what be did, it was
not what he supposed he doing Mr. Clay says al do
therefore hereby resign He said in substance By the
ahxng Of my hand to this paper, do resign the office
Of Senator Of the United States from the State of Ken
lucky He signed the paper and sent it to the power
which 1t appropriately belonged to accept resignation
to the General Assembly Of the Commonwealth Of Ken
lucky They took t-they received il a resignation
because find the page Of the Journal on which
is recorded the letter OF Mr. Clay resolution that
Monday, the 10Th instant the two Houses will by Joint
ballot proceed to elect Senator in Congress to fiji the
pa1 49, H.