The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-17

when he presents hmsef2 There is old maxim which
tells that oppose all these things at the begin
ming obsa Prineps meet them at the Threshold and II
the proceeding wrong give sanction 10 it. IL this
has not the right which be caims to have Will ma,
ority of the Senate sitting here with these facts patent
before them with the of the legislature OF Indiana
demonstrating against it, and calling upon by every
consideration they urge in behalf OF the State IN De-
half of their outraged dignity on TO give addition
al strength to what their story be is nothing more
than naked usurpa,ion2 do that these are
the facts do not know them TO be true; am only speak
Ing of the evidence which has been presented and say
this evidences until il Is conroyered we ought TO OPP
pose the administration Of this oath. An
THERE'S nothing binding in precedents Witn
this matter and If there were, the precedens have not
been uniform-far from it, apprehend that case has
occurred In which you have not needed remon-
STRANGE where majority OF the legislature or such num-
Der OF the legislature shows that legal quorum could
have eoncurred in the choice have come TO the Senate
pari passa with the who comes Claiming to be ad-
mitted, demonstrating and saying "We wash our hsnds
of the transaction and If he here be comes as the
representative q somebody else not OF 1s ior we nave
mails OF legislation in all the civilized world for parallel
and you will not find it, Are to be turned away from
this point s the force of this position to 80 shown bs
referring back the practice of the Senate which has been
to swear in individual presenting certificate where
no objection is made ?-for that is the whole prac-
ce When objections have been made and serious OBJ
ectons have been made, the is not to be sworn in
II has been repeatedly. 1t has been SO since have
been member of the Senate 1t so in the olden times
the records OF the Senate
10 have been done. defy the ingenuity OF any astne
gentleman the ether side TO put finger on single
point in the certificate of tie meber from Delaware which
bave read and the certificate which is now presented
and show that the certificate from Delaware is wanting in
single of the attributes which this presents per-
ceiye that the honorable senator from Delaware bows as IT
he thinks he could show difference
Mr.. BAYARD. Show it distinctly.
Mr.. HALE know the honorable senator's ingenuity
well as any man know how very finely he can spin
an argnment know how very kssnly he can snt hair
Init baS hiatt pf
the commission to which have alluded, does not exclude
a conclusion. He does not say, ANo Legislature having
convened since the vacancy occurred therefore nominate
and appoint and think il you go back to examine the
cer ates of governors who have sent members here in
the of the legislature you will not find ii SO stated
apprehend that in single instance or at least In very
rare instances will ii be found that the governor "a
vacancy having occurred and session Of the legislature
having since intervened therefore appoint but it has
simply been, according TO my recollection, "a vacancy
having occurredy DEATH resignation the case may
be, III hereby appoint" .......
Then this question being raised aud being raised here in
the appropriate place and at the appropriate time,
opposed TO administering this OATH do not however
admit myself to have been party to conspiracy or an
adviser Of any of these proceedings but believing and be-
evng couscientousy that word is not ont Of order in
the Senate that this is not entitled to seat must
vote against allowing him to be sworn in. u..
MIR. MALLORY. Mr. President understand the posi-
ton of the who has just closed his remarks TO be
acknowledgment that the certificate presented from In
diana shows prsa right to the but be has gone
into argument the merits of the Perhaps can
better respond his argument by reading that Of Mr.
HALE of New Hampshire in analogous case in 1851
Hls remarks then when the seat OF Mr. MALLORY OF For
da, was contested were
But the naked merits of the question, ask
with great deerence OF the older members OF the
atei would not have spoken being young man, had
the young gentleman from Mississippi set the
of the old young members of the Senate and mdd
presented credentials in the ordinary who
has been refused his seat put this question entirely ire
spectye OF the Interior merits Of this How was
! he caspD
there objection was made and the senator stoot
in his seat holding in bis hand evidence which would dis
been here That fact was known to the Senate and yet
the face of Il the senator was to tax
was had But while the est Is goiog the individual
presenting the evidence which you and and
member of the Senate havehe certificate from the execu
tive officer of the Commonwealth entitled to his seat
That was the opinion of the senator from New Hamp
shire in 1851 precisely opposite to the opinion which
expresses now. thought that time that he correct
the Senate thought 30 and he was very fortunate hav
ing the entire Senate with him that occasion
Mr. Clay, of Kentucky, believe made his last speech
the Senate that occasion He said at the close of th
deoate .ea
"Feeble as am cannot refrain from making few ad
dtiona There doubt of the duty and h
right of this body determine all questions Of elections it
members The question the method OF doing this
and that question has been settled believe by deb
eratve body upon earth 1t is this If there is contest
two claiming the seat the party having the retur
takes the seat and the other party presents his petto
claiming it that petition referred to committee 1t
body"
i That discussion arose upon resolution introduced b.
the from Indiana, Mr. BRIGHT that the creden
als Of the claiming senator from Florida with the proes
against his right the seat should be referred to
mttee OF FIVE be raised by the Senate aud that the
should take his seat then but full discus
sion, in which the senator from New Hampshire hmsel
bore very conspicuous part the senator from Indian
withdrew his proposition submit the to commit
tee of FIVE and the Senate voted unanimously to admit tn
senator from Florida to his seat.
Mr. BAYARD. The question in this case, Mr. Presiden
s not what may be the ultimate decision of the Senate
to the legality Of the election of senator of the Unite
States that has taken place in the State of Indiana Th
simple question is, whether there is sufficient prima fdc
evidence sufficient certificate presented TO ente th
party presenting it TO be sworn senator Objection
made There appears to be difference of opinion Tb
honorable from New Hampshire supposes that h
which he cited from my State cannot be dsn
guished the form of the certificate from the
presented to the Senate agree with him there the
tcate eectual in the as in the other
yet the gentleman appointed by the governor of Deawar
not ad ritted TO seat senator Is there not
broad palpabe legal distinction, which the mind Of
lawyer must recognise that throughout every
which has been decided in the Senator will state it
! terms.
1t too late to question the point whether the gov
OF State is the proper person to certify the eeco
Of senator to the Senate of the United States Amos
every State Of the Union has adopted that mode beev
my own State stands almost a solitary exception unde
her law but the universal system since the origin of h
government has been that the governor of State cert
s the fact OF the election of by the Legislature
and the Senate have always received his certificate
eent evidence to entitle the party to his until it
shown afterwards inquiry that be is not entitled to h
seat too late TO raise any question as to wbethe
another or different form might have been properl
adopted in the first instance Every senator who present