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


Mr. PUGH. willing to submit that question TO- the
Senate
The PRESIDENT pro tsmpOre The senator from Ohio
cannot do The senator from Illinois is now entitled TO
Mr.. WELLER. hope we shall have no question of
this sort The senator from Illinois be heard after
lima wished only to say word on the subject and my
friend from Ohio yielded him the hoor trust the SEN
ator from Illinois will not make question of this sort
and have no dea Of psysonai but thought
that after the senator from Ohio refused to yield me the
floor to reply in very few remarks to the senator from
Indiana and then turned round and yielded to the SEN
ator from South Carolina he certainly had right then
to claim it again.
Mr. PUGH. / submit the point to the Chair.
The PRESIDENT pro tenpore. The Chair decides the
senator from Illinois ID entitled to the floor the senator
from Ohio yielded the floor and gave but the usage
has been to permit senator to yield the floor temporarily
Mr. SEWARD, Ito Mr.. TnuMBuLL) Permit Mr.. PueH to
go on. He gave way to me
Mr. TRUMBULL will not persist in it IL the senator
wishes to go en-. WANTED to say but few words.
Mr.. PUGH. will simply state to the Senate the cir
cumstances and they will decide the issue between the
senator from Illinois and myself
Mr. TRUMBULL. will have no issue about it. Go
Mr. PUGH. prefer to make the statement The SEN
ator from South Carolina while the senator from Indiana
was the floor, asked me to permit him to made state
ment the of Dixon and Meriwether He applied
to me before the senator from Illinois
Mr. TRUMBULL. Go on, sir.
principle not only settled proposition of parlia-
menary law hut that it stood good reason that in
the of the other house of Congress- it was impossible
to proceed step without this doctrines that was the
doctrine which applied to all officers that when they had
the certificate commission whatever you choose to
call it, from the proper authority, they entitled to
proceed in the execution of the duty of the Office and
ceve the emoluments, until their right conestednot
in collateral way, but in direct legal proceeding, in
suted for that purposes and said the presidents were
such.
Now it necessary for me- after the statements of the
senator from South Carolina and the senator from Texas
to say than word in reference to the case Of Nh
seat here There application to seat third sena
tor, unseat already the floor from Kentucky.
What did the Senate They unseaed the man who was
upon the floor and instead Of referring Mr. Dxons Gre
dentias to committee, proceeded to seat him upon his
credentials If read himself completely out Of
court the senator from New York did with his book,
for the Senate did seat Mr. Dixon. But that is not ALL
The which the senator from Georgia referred is
complete 1t occurred in the year 1888 Here are the
facts briefly;
On the 10th of January 1885, Mr.. Robbins was elected
from the State Of Rhode Island for the term Of six
years the 4th of March succeeding His credentials in
due made and furnished him, and in
February 1888, read in the Senate and recorded its
journal In October, 1885, the general assembly of Rhode
legislature BY which it made had not at the time due
legal and proceeding to the election OF anoth
after debate that Mr. Robbins was entitled to be sworn
take his seat in the first instance, leaving the validity Of
his election to be determined on the report OF committee
q
tias furnished to him he did not take his seat at that
time for the beginning of his term had not arrived but
they furnished him, and subsequently, not the senate
alone or the house alone but both branches of the egisa
ture declared the whole election be Illegal the ground
that the parties who made 1t legislators Both
these gentlemen here in December 1893 and the
question for the Senate which of them should be
INF Now let see the senator FROM New York refers
us the early times and to the great of the Senate
what was thought of it then:
"Mr. Poindexter after the credentials read,
merits which had been adopted by the State
Rhode Island but merely to that 1t seemed to him to be
at the last session Of the Senate
should be permitted to approach the Chair and take
If Robbins should lis either
the Committee on Elections or the COMMITTEES on the Judi
Of th9t committee and determine which Of the gentlemen
was duly elected,H
| Now here is what Mr.. Clay said:
"The gentleman first elected and who had primo facie
credentials the prior and therefore the valid deed
and in compliance with every law and he ought De
this course he wished do nothing which would preclude
the other gentleman the privilege of full investigation Of
cd to Ss'a At the S
Potter which admitted their face the previous election
the validity Of which disputed the ground Of
| on-conformity to FORM"
| Here is what one of my predecessors Mr.. Ewing,
| said
"Mr. Ewing said that the question important one,
and the true question whether the filled,
fdce and not whether 1t filled properly and II
filled what the evidence 1t nothing short
Of from the governor OF the State forwarded to
Senate at the time and in the usual and
placed among its records. IT, then, this evidence was
the proper time and manner what was the OBJ
| lection 2"
The Senate determined by large vote and the
set down for precedent. This gentleman had nothing
but the governors certificate The senator from New York
says senators from his State not in the habit Of
presenting that 1t may be the law of New York has
something special but do not believe any senator from
Ohio has produced any paper here except the certificate
OF the governor The paper which has been read to-
with his SEAL is exactly the paper which the Senate adj
med me to my seat believe this gentleman is much
entitled to have the oath administered him
have it administered to me- 1t is the came paper by the
very authority under the great seal Of that State
under the hand of the governor of the State its chief Off
and coupersigned by the secretary " State That Is
tho paperthe highest evidence that any State pre-
to u.s. speaking by Its highest officer under that seal
which represents the Incorporation of the Stateand
told that at the protest of certain individuals with
whereases long the moral law-whch may be true
or false, know not whch-we to trampe under foot
the great seal of the State of Indiana undertake say
that majority Of the senators occupying seats have
II the senator 10 call to-day for the evidence
by which sit here could give him Nothing but paper
which IL almost transcript of the paper that has been
read from the Sacretarys desk.
But the senator from New York INDUCES in criticism
the language of the certificate He says that informal
has been certified TO him. Of coprae ii has been certified
to him. He did not make the election 1t certified
by those who made it those who authorized to
certify He says IL s not stated by whom il was certified
It said to be certified "by the proper authority Who
made the Judge of what is the proper authority In the