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


Debate IN The Senate Monday February o. ls51-[L con-
Mr. HALE. Mr.. pfesident do not know that
row any light upon the subject before the Senate but
MINK can read the future of this much better than
can the past The result probably will be- that this gem
ueman VIII be sworn in and the question will be raised
After The legislature of Indiana have adjourned he will be
turned OUT the governor OF Indiana will reappont him.
and he will hold his for years. That think is
It's future history In brief but desire to put myself
right propose TO submit the view which entertain, and
which guides my own mind
disagree am sorry say with my honorable friend
irom New York Mr. Swami in regard to the question
which lies at the bottom OF this He says that this
claimant does not present pyimd Jaee think he
does clearly present ra acis case because he brings
the same evidence that of bring He brings the
same evidence that brought TO take my seat 1t Is said
by some that the governor is made by law certifying
officer do not know how it is in other States but 1t is
not 50 in State The honorable from Louisi
ana Mr. BEsJASis tells me II is not in his State He
IS made by law certifying officer of the election of
bers of the House of of the United States
but he is not certifying officer of the election OF senator
TO this body think then So far that goes the claim
ant has srtnrd tace and if that sufficient to
ept'tis him to seat here should vote for swearing
him In at once without hestancy. But what is the fact
When was member of the other house, knew an
election TO take place in the State Of Maryland for members
Of the House of Representatives day. and the
day one of the gentlemen appeared qualified and took
has seat upon the mere rumor which be obtained from the
officers at the polls alude to Mr. Kennedy, afterwards
Secretary Of the Navy who represented the city of Ba
more He presented Prnsa acie case, and inasmuch
there was no opposition he in. The practice
when was member of the House of Representatives was
that all the members in without presenting any
credentials at all think it is When ques-|
ton is raised they do not present any credentials
know when first took seat there very careful to
stow away my certificate in very safe paceas careful
as the pilgrim in the Pilgrims Progress did his ROLAND
little more so for kept mine, and was mortified to find
1t was of little when got here suppose that
in nneteentweneths of the States of this Union the cleo
on of members are here by the evidenoethe cer
cafe Of the governor There may cases where he
INV
be is not II is not SO in my State and am told by
the senator from Louisiana it is not so in his State
But sir there is another point what is prima taee ev
denceI 1T simply presumption liable to be Iebutted
at any time and at any moments and Notwithstanding
presumption Is raised by Prind dcie evidence that
sumption good only until it rebutted by stronger evil
dence do not know that am quoting the legal lore in
the Psissus prbis of the writers but that is the
principle The prima face is good for nothing the
ment it is met by stronger and that be III any
stage of the proceeding. .
II the honorable senator from Texas Mr. RusK will give
me his ear for moment will cay TO him that my reco-
ecions of the where Mr. Dixon presented his creden
tals these During the time that controversy going
Mr. Meriweher very carefully refraned from taking
seat in The Senate My recollection is that he did ap
pear that he was not sight during the whole discussion
and that of his friends stated in his behalf
thought be behaved with great modesty for senator,
Laughter lon that occasion that he did not make the
claim on his accountthat it made by somebody
else As to there being two contestants here to sit from
Kentucky the honorable senator Texas is Mistaken
else my recollection is exceedingly at fault a r..a
Mr.. RUSK. l did not say there two contestants
for the seat said there member in the seat That
was the He came here from day to day He was
constantly in the Senate chamber but he authorized some
body to that he was contendng for the place
senator arose. however when the credentials OF Mr. Dixon
presented and said that Mr. Meriwether the
ator. The senator from New Hampshire will remember
very well that Mr.. Gwn, of California and insisted
that Mr.. Meriwether the He placed in
very awkward predcament to be sure. 1t was for the
Senate 10 determine whether he entitled.
Mr. HALE will read from the Congressional Globe OF
j 1858, volume 26, page gal
"Mr: BReHr. It is due sir to the late senator from
not claim The seat now held by the gentleman the
mr. Dxon but be did not claim contest the seat and
| to him."
! Mr.. RUSK. That was an afer-consideratiop. If the
senator will turn to the discussion he will find that the
claim urged.
Mr. HALE. 1t may be an after-consderation; but the
truth must be the after before consideration. The
fact Mr.. BRGHr stated have read was that Mr. Mer
wether did claim the seat Now, will read what Mr.
RUsK said that occason-a gentleman of that who
/ then represented Texas.
Mr.. RUSK Yes, sir, and does now.
| Mr.. HALE. He said: a@aa
"Mr. RusK. SO far as have seen anything of Mr. Mer
wetherand previous to that time terms of
sona friendship and inmacyhe has acted very delicaely
have him but very little during the time He retired
from the Senate chamber and he did not talk with members
generally. think did not him than half Dozen
times and then at distance during the Pendency of the
controversy" @ #"E .@s
1 Mr.. UNDERWOOD said
This resolution, it me- enlargement upon
that precedent and that willing make, unless
be avowed that there controversy between Mr. Me
wether and Mr. Dixon the controversy had been avowed
the part of Mr. Meriwether pecedent would have
titled the allowance but there having been such contro
versy, cannot vote for the resolution"
| My friend from New York Mr.. SEwARD] said:
m think that should have had greater difficulty in
curing the Mr.. Dixon Mr. Meriweher had appear
ed and claimed it. am, therefore, grateful to him
political friends in this body that they relieved the
question of that difficulty and embarrassment"
These are the facts Perhaps they have escaped the
collection of members.
Mr. BUTLER. Will the gentleman from New Hamp-
shire allow me TO say word
Mr. HALE. Certainly always hear the senator with
| pleasure. .
Mr. BUTLER. In the of Mr.. Meriwether it is due
TO myself and the honorable senator who represented
him here that should say this much they came into the
Judiciary Committee room and asked my opinion, sup
pose a mere individual The question was, whether
or not he should the seat He did not insist
contestng it rather advised him not to contest itand
believe that about the resutbut to retain it and
let others contest it. He set up claim for himself
Mr. HALE That was exactly my recollection of II
and think am confirmed by the record which have
appear in his at all He might have come In and
in the chamber spectator during the pendency OF
the question: other gentleman would by courtesy
but do think he did that My recollection IS that be
behaved with great delicscy and propriety and know
that was sorry from my personal acquaintance with him.
| to be obliged TO vote against him.
So much for that precedent Now come back to the
prinsa fac prima fdcie case rs have said, is
good until stronger is made This rind f0cie case
made by the governor of Indiana is but the meres Pra
facie He is not certifying officer He cannot certify
the facts He is member OF the legislature He Is
not made certifying officer by the constitution the rules
Of the Senate, the laws of the United States But the
hahn nsdp IN commonly