The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-18


=, oaasaJ
Mr. ADAMS wish to inquire Of the Chair whether
inc motion dlysible understand the senator rom II
aos 70 noSe % re'e ite monon 10 swear IN he member
e'sr, s, 70 rs saaaSaIy commit1eeL
INC fhLoDENI pro f1EPore The senator from Illinois
has moved 70 refer the resolution Of The senator from ndi
- oee'nsr WIZ tne papers when ne presented 70 the
senate 70 inc Commit,ee on me Judiciary.
MI. iooCHl; peneve that tnere never hAs peen an
IRON ,ne ouhcAon o. the government wners
ucael tne sea- ~ tne Siaie mas neen presented mat
.ns Pesn canning tne seat under nAs moi been admit
Ieo. INC prAeee mas oe<n UNIFORM Inc only aieeea e1
Inc senator rom linois Mr. IzuHsrLL referred 70 the
- =. s'An,Ty onswoao rom onio Iut tnat s not an
1cePuon- oPon reerrng 70 tne journal VIII DC iouno
ma ns ~ss seh - on lne 20 o. June ana e QUESTION
~a Va rasec on we s'n referred 70 commtee ana on me
aon ,nelr lepoll was maae IN so5 o. ns ssA % mat
va. 20 nsn e ei'eu eileo ron
rsrors - WIG A"a foi ~ IN 'ns
1ehvle
se ~ ~ sas. AhiAn, lion ny osn otAx VA, D.
zen c.eu, nol An eacepuon Aier we sonsurnfior@
1ra Ia aS;arsa ;, sna lae p1ssaous .
-. IN ~ ~inont APpotnung one Inc exteuuse
".ns .ol ene LEI iegislAaue unuertoos 70 M
soA, Ana appeared on tne isoe on tne eredeauais
Ia - = = s. Ia m Aa NO poser " mahe .ne aPPoihlment
80 s - sa No ole sAiioisy lnAn tne appointment
'aT a.@ oeea @ -ia ~ - rry ~ az! osnei oXcei;
60 =; ~ " Assey souust ~ pelasare, wnSn nes peen
!. Iot = ~ ). ~ Ine Nnen mai vacancy
irrr - -. ,;l. - ~ 49, 80 nea oesn . mset
- - =. - - VI De'aWsre prior 20 tne nme wnen
- " ,yoA 70 mae tns appointment That
80 h = puonS ns.ory AnoWn 70 tne senate ana
-. - - - P. - au apPoinIment py the governor afier
~ ~ s: .a W ihs iegisia,ure which had the power
: senate saw, on lhe inspection OF tne ere
uentas that the governor lad no more power 10 make
the IMAM any otner ocer IN tne SA or any
citizen OF the State
These are the only cases which are cited except that or
tne ate cena,or Dacn cf henucky That case must oe
familiar TO all the members Ct this body There had been
an executive appointment to gil the Vacancy The senator
appointed by the executive had taken his seat had acted
during session When Congress together at its
nd uofth
another senator Mr. Dixon appeared and claimed the seat
before the expiration Of the apparent time Of the appoint
ment OF Mr. erigether Hr wss here in hts scat hsc
been sworn In, end he question whether be should
vacate his seat ans allow the other senator to come IN
Il very obvious he could not be in without settling
the question first whether Mr. MeriWether was entitled 10
the seat which be occupied.
You then look into the history of the Senate you
may refer every that has existed and with hess
alleged exceptions-and these not exceptons-the
course of the Senste has been ulformunorr when the
proper credentials are presented here e swear in the gen
teman who by those credentials is entitled TO Tie se.t
without going into the merits question whether be
duly elected The credentials in this present
certify that the legislature of Indiana hiss chosen Mr. FrcH
to be senator That legislature had the power make
the choice That legislature in session That legis
go into the question whether it was valid election By
them have not the facts before The facts to be
presented here by by the certificates Of nd
yidnais but by evidence by proof-by legal proof We
do 60 into that question II enough for that the
chief executive officer that State under the seal Of the
sent document which shows that be
entitled to his seat Without inquiring into the truth of
that documen-wifbout nquirng into the facts which
he has issued that papc-we bound according the
uniform practice OF the Senate in the member
and refer the question COMMITTEES 10 investigate
the facts upon which any question may arise
surprised the that been taken in this
and of the remarks which have been made
the opposite side Of the chamber will say SIR that the
Senate OF the United States has presented since my
nexon with II the aspect of judicial tribunal in deciding
questions of this kind 30 perhaps than any ega
tOd W " have bfnr rruaio otq1 in
which opinions given by gentlemen without reference
to party considerations but according the truth of the
and according TO the requirements of the constitution
believe that that viii be the pursued this
sion therefore must say that any remarks such
and derogatory the character of this body hope sir
that without prejudice and without reference to party
shall take the usual this OCCASION and pay that
respect 70 the chief executive officer Of the State of Indiana
and 10 the seal of the State which has always BEEN paid
on all other occasions
Mr. BELL, OF Tennessee. Mr. President am unwilling
to cast vote propose to do this occasion without
stating the reasons BY which governed. This is
question OF some importance for suppose that its de-
cson viii depend the Of the Senate in regard
cases that may arise hereafter and Judging from the his
tory OF this country for few years past these
likely to multiply upon us.
believe the practice Of both houses Of Congress from
the foundation of the government with very few excep
nons has BEEN on their organization to admit the ordina
y credentials presented by members pria aeie eri
dence OF right to seat and TO allow them to be
in upon those credentials able say whether
this course resulted from reflection and premeditad opn
IONS IN reference to public policy and public convenience
but il certainly could not have be adopted upon expert
ence II was course dictated somewhat by necessity
that the two houses of Congress should be organized
admitting members without farther scrutiny who pre-
sented the ordinary certificates of eleconcredentAls
gwen o the governors OF the States to the members OF the