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

In session il might have been session and for the pur-
pose Of the argument will take to have been ~ on
wohrds Of the senators hold over and the right OF the
other third if duly elected to vote upon every question
contested seat just sacred as the rght oil
who held over the h9 tS. to
and the from Illinois had objected TO IT should
have objected the paper of the senator from Illinois, and
the argument would have excluded him nom being
sworn and from vstng and probably senator would
have objected to my credentials and thus either the TWO
thirds that held must decide every question: in excu
sion Of the right of onethird who elected and have
right to be heard or else we have OF eonf
sion by which the new senators are obecng 70 eaen
others papers.
Our practice stands ON the principle that for the pur
pose of organizing for the purpose of starting out for the
purpose Of ascertaning in the first instance who are the
members entitled to form legislative body there must be
evidence which, at the first blush praa Jaee
as they say in Latin be received conclusive That
settled proposition of law Here it is in the old horn
book Backstones Commentaries. In England the cleo
ton for members of the House of Commons Is held, and
the sheriff of the county is the returning officer he re-
upon the back Of the precept addressed to him. sued
out of chancery that A. B, O. and are elected What
the force of the returnf Here 1t is
"If the sheriff does such knights only as are
duly elected he fores BY the old statutes OF Henry "
$780, and the returning officer in boropghs for like false
damages shall be recovered by the later stat
uss Of King and any SDng the returning
by him are the sitting members until the House of Com
petition, shall adudge the return to be false and
illegal"
which every There must be- at period OF
time person authorized by the law to examine the
of the election, to certify the result OF it and that
certificate must be sufficient to authorize the party to enter
the performance of the duties OF the office and TO take
the emouments if there be any. Here is man elected
constable He has the proper he proceeds 70
execute his warrant and the man whom he proposes 10
arrest says You elected constable and pro-
pose resist you for the purpose of trying your title
That is the question
This gentleman presents himself with paper which, for
purposes of this branch of the argument assume to
be sufficient and upon the presentation OF it what our
duty To administer the oath OF Office II the senate o.
State of Indiana if any person wishes to contest
his election he they must proceed according to the
usual method of having it heard before the Senate or
the Senate choose to refer 1t to committee before COM
mittee That always the law. So far this body Is
concerned there is not contrary precedent to be found
may allude to the of the senator from Illinois INT
i TRuMBuLL himself large number of the members OF
the legislature of his State their protest here against
his election upon the ground that he incompetent to
held the Office believed the protest was true voted
afterwards that it true and though the Senate over
ruled me adhere to the opinion then expressed be-
eve the senator incompetent to hold the seat The sena
tor from Georgia Mr. TooMBs says he agreed with me
Il Did we raise any objection TO his being sworn We
recognised that his credentials were sufficient for present
purposes.
the Senate afterwards upon full argument contrary to my
opinion be sure adudged never to have been elected
When his credentials presented the protest from the
senate Of Iowa read and there not question
made The oath was administered to him. and the credep
tails with the protest were referred to the Committee on
the Judiciary
from Illinois, mean General Shiedswho was decided
by the Senate be incompetent to hold the office OF sena
tor but who the presentation of his credentials, was
sworn in .....
Il Mr. SEWARD think the honorable senator says VIZ
find no case in which the oath not administered
Il Mr.. PUGH. Yes.
Mr. SEWARD Will he indulge me with showing him
q case and recent ono2 If it is announcement to him.
will do read from the Journal Of the Senate fol
1851 in the Of the Hon. Archibald Dixon who claimed
has
lucky:
"Mr JONES' of Tennessee, presented the credentials
the Hon. Archibald Dixon, chosen senator by the egs
lature the Commonwealth Of Kentucky to for the
unexpred rendered vacant by the resignation of the
Hon. Henry Clay to take effect from the first day Of Sep
tember 1884, until the end OF the term for which said Henry
Clay was elected; which was read.
objection being ty Mr. r.. GT. e administering
ga debate enued and the following resolution was sub
Resolved That the credentials of Archibald Dixon esq
be referred to select committee of FIVE, to consider and
port thereon. r.. ,
And Mr.. Mangum having proposed the following amend
ment insert at the end Of the resolution that said
Archibald Dixon be qualified and permitted to take bill
the Senate and occupy the same pending the actor
"By unanimous consent the proceeding thereon
Ordered That the Secretary acquant the House of Rep
resentatives," &c. .
That the 9Th day of December, 1852 turn now
to the Journal of the next day December Z:
The Senate resumed the consideration of the credentials
of the Hon. Archibald Dixon with the resolution submitted
by Mr.. Gwin and,
II After debate, IS.
"On motion BY Mr.. Badger the Senate adjourned"
u On the 9Th day of December,
"The Senate resumed the consideration the credenta
of the Hon. Archibald Dixon with the resolution of Mr.
: Gwin; and ...~E
u s'On motion by Mr.. Badger,
Ordeed That the further consideration thereof be post
> poned to Monday next"
Il tnrn now to December ID, which that Monday
"The Senate resumed the consideration of the credentials
of the Hon. Archibald Dixon, with the resolution submitted
by Mr.. Gwin ..r .a,.
:" On motion by Mr. HUNTER, and by unanimous consent
i the Senate adjourned"
II December 10; IT..
"The Senate resumed consideration of the credentials
Of the Hon. Archibald Dixon with the resolution submitted
by Mr.. Gwin; and,
i CATER debate, - .,.
Il "On motion by Mr. HALE, - /.
"Orred That the further consideration thereof be post
n poned until tomorrow" ...-
u December lG
The Senate resumed the consideration of the credentials
Of the Hon. Archibald Dixon with the resolution submitted
by Mr.. Gwn and,
III " After debate
j, con motion by Mr. DOUGLAS, the Senate adjourned"
Y December 90:
The Senate the consideration of the credentia
Of the Hon. Archibald Dixon with the resolution submitted
p by Mr.. Gwin.
Il On motion by Mr.. JosKs of Tennessee, amend the
resolution by striking out after the word Resolped ha
the credentials of Archibald Dixon esq., DO referred the
Committee the Judiciary who shall consider and
II thereon, and in lieu thereof inserting:
"That the Hon. Archibald Dixon duly elected by the
legislature Of the State of Kentucky to fill the vacancy in
the Senate occasoned by the resignation Henry
i Clay, and is entitled to seat therein
~ was determined in the airmahveyess "a, nays l6.
i g On motion of Mr.. HALE