The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-14


sitting member this floor occupying this very seat
The claim set up by Mr. Dixon for this seat There
analogy between the facts in that and the present
case.
do not intend Mr. President to be betrayed into any
thing like argument statement of the facts connected
with this at this time for the that believe
would be ndignity offered to the State that have the
honor represent Neither the senator from Illinois
Mr. TRuNBuLL nor the senator from New York Mr. SEW
ARD can refer TO single precedent where the right Of
senator presenting such certificate my colleague pre-
sents here to-day to be sworn has been questioned
The cited by the senator from Illinois cases
where the question to the validity OF appointment arose
by majority Of the legislature of the State that he
proposes representing he is here and he has
eved that vote The protest that has been read here this
morning intend to show before this closes incor
rect in several particulars
But as said, intend to be betrayed into argument
of the facts the law of this until the oath is admin
isered to my colleague. Neither the from Illinois
the senator from New York repeat refer sin
gle precedent where the right of senator to be has
been questioned presenting such certificate my col
league presents The object of this argument in advance
permit to say to prejudice the public mind and TO
prevent impartial adjudication Of the facts in this case
After my colleague shall have been sworn, and the whole
matter referred to appropriate committee, propose
identifying the senator from New York and the senator
from Illinois, and other members Of that party with e
fort dsorganze and break the local OF In
diana and produce state of anarchy not calculated to
preserve the peace and perpeuity of the States intend
to show that they have been the councillors and advisers
and seek to take advantage OF the very state of things
new question to either of the senators have referred
to- they tonyersant with all the facts as be-
have to believe they have countenanced and
counseed this very revolutionary movement on the part OF
those who have been engaged in it in Indiana
My colleague has received eighty three out of the one
hundred and fifty votes of the regularly commissioned sem
ators and representatives of the State of Indiana and
when this question shall have been referred to appro
pirate committee and all the facts fairly canvassed have
earthly doubt that this body will decide that he is
entitled to a seat here. say that the effort of the
tors from Illinois and New York is supplementary and
unheard of here refer to precedent after precedent
before mel refer to the case OF the senator from
Florida, TMr. MALLORY, the senator from Illinois Mr.
TRUMBULL] himself the senator from Iowa, Mr. HARLAs
and various others presidents to show that their right
to be sworn was not questioned.
repeat do not intend to be betrayed into argu
the facts and the law arising upon the facts Of
this this time After colleague shall have been
treated with that Difference with which it has been the uni
form practice of this body to treat gentlemen presenting
such certificate that which he presents shall be pre-
pared to meet the senator from New York. the senator
from Illinois, and the party to which they belong ON the
Mr. SEWARD. With the leave Of the honorable senator
from Ohio propose to read what find that did not
readthe whole of Mr. Dixons On the 18th day of
December 1852 read to the bottom of the page:
"The Senate resumed the consideration Of the credentials
of the Hon. Archibald Dixon with the resolution submitted
by Mr.. Gwin.
On motion by Mr. HUNTER, and by unanimous consent
There supposed the record ended but omitted to
turn over the page On doing so, find the record to
read:
On motion by Mr.. HUNTER, and by unanimous consent,
Ordered, That until the question thereon be decided,
the of Mr. Meriwether be omitted in any call of the
yeas and nays" 49,. '."
dctment which is to be preferred against by the senator
from Indiana concerned shall plead to it until the
| true bill is duly presented
| Mr. TRUMBULL. Will the senator from Ohio allow me
| to reply briefly TO the senator from New York
Mr. PUGH. l believe never refused to yield the floor
to senator but lest this matter should degenerate into
In iDfa IN Vie The
believe my friend from South Carolina Mr. BUTLER wished
to say word the question of law viii he it now
| or wait until conclude2
Mr. BUTLER. did not in the first instance intend to
take any part in this debate reservng my Judgment but
have had more experience unfortunately in regard to
these cases. and have had committed my Jurisdiction
far was connected with the Judiciary Committee more
cases. suppose than any other gentleman the floor
will give the result of my Judgment upon the matter mere
| ly; do not intend TO argue 1t at all.
In the of Judge Phelps of Vermont he took his
seat and held it during the session. and believe longer
with the fact apparent If it had been brought to the notice
of the Senate do not know whether was disclosed
the time notthat the appointment by the governor
was invalid and that finally the opinion of the SEN
In the of Mr. Williams, of New Hampshire 1t was
very apparent that he not entitled his seat if had
| been disclosed to the Senate
Mr. COLLAMER. Will the senator permit me to ask,
not both those instances where the gentlemen
were entitled to their seats when they presented their
tcaes and the difficulty because there had been
| intervening legislature2 @a
Mr.. BUTLER know that; but these are the facts
4
they took them. The question was whether they had
BU I'LL do not undertake to give the
cal simply In regard to their primarily taking their
seats do not undertake to say how the fact but in
regard to their holding over, that disclosed to
the Senate much at time another In regard to
Mr.. Winthrop, reeolest distinctly the question was
whether he entitled to retain his after the fact
announced to the Senate that Mr. Rantou had been
elected in his place and it decided that he
titled to retain his seat until Mr. Rantou made his
pearance accepted. am not mistaken as to that.
In the of Mr. TRUMBULI, of Illinois, he retained his
in the face Of the protest in the case of the gentle
from Iowa, he certainly retained 1t IN face OF the pro-
/ test
Now distinguish very much between the title or the
right TO seat and the evidence of title All these pro-
ceedngs in the nature of quo waraos and far as
have examined the subject and far have any
perience Ia relation to it it has been in the nature of quo
warra asking the sitting member to chow cause why he
should retain the seat and he has shown that
ground That has been the distinct ISSUE far as can
| speak.
recollect what took place in the between Mr. Mer
iwether and Mr. Dixon. here. / was Of opinion
that Mr. Merweher not entitled to the seat but the
question was whether Mr. Clay could make prospective
resignation and whether there vacancy Mr. Clays
death2 In all these cases. and every to which have
advered without exception, since have been here the
seal of the State has been far rrespected that nobody
has disputed the right of the member holding il take his
| seat-not single case, as far as know Of
The senator from New York asks what right has gov
ernor to give cerfcate2 will ask the senator what
with evidence from his State or offers such unques-
tionable evidence that no one can dispute it
Mr. SEWARD. Will the honorable senator allow to
| explain2
Mr. BUTLER Certainly; for thought it was an aston
ishng proposition.