Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-12-05
's'w cnt y-third COngrcss.--Ist scss
.uoniau. December ?


IN SENATE
hiEoeiock' tho President pro ten. the Hon Hugh
L. White VI Tennessee ia the sbsence of the Vice Pres
drut, called the Senate 10 order.
The following old Members appe ,red, viz:
Messrs Dell! Benton, Bib, Brown, Chambers, Clay,
Ewing, rreinshuysrn, Hendricks. t, Kane. King,
NmSh' Manguu, Moore, Nsudain. Poiudexier. Prcnss.
kins, Wright.
The credentials Of Nathaniel p. Taiimags. Senator
from New York; OF Thomas Morris Sruator from Ohio;
oi ella Crundy Senator from T.nnessee; OF Benja
Swii' Senator ii"m Vermont; oil Eher Shrpley, Sc
ndor from te State OF Maine; of Nathan Smith, Sena-
tor nom CONNECTICUT; OF Joseph Kent Senator iion Md
iyand; were severaly presented and rca and the ne
srna,o's were respectively sworn. excepting Nathan
smith, who was affirmed Mr. Naudain, Mr.. Upton,
MIR. Benton, and Mr.. T,ier were then sworn.
The Chair then presented the credentials Of II. Pot
ter, elected Senator om Rhode island for which State,
Asher Robbins had been pre- viousy elected aui had la
pursuance OF such election taken lis seat in the Senate
and also certificate that the election OF the said Asher
Robbins was null aud void which documents read.
ihe Chair then stated tc facts OF Mr.. Robbins having
been returned elected, ans his credentials read
las, session, and Lett it the Senate 10 determine the
course to be pursued to the qualifying Of either oil these
gentlemen.
On motion Of Mr. Pondexter, the credentials Of Mr..
Robbins then read
Mr. Poindr then and ssj that il was not his in.
tehon to oier any opinion the merits Of the
which had been adopted by the State OF Rhode Island
merely TO say, that il seemed TO him TO be matter OF
course, that the Senator Just elected. aud whose creden
as we're presented at the last session of the Senate.
should be permitted 10 approach the Chair and take the
oath and that the other gentleman, who contests the
election OF Mr. Robbins should present his credentials eli
Their TO the Committee Elections or the Committee on
the Judiciary, and that the Senate should re.
ccive the rcpor, Of that Committee, and determine which
oil the gentlemen is duly elected. But no was not pre
pared at this time to question the election OF the
whose credentials before the Senate at the last
session, until Committee of the Senate should have de-
cicJ that he fairly electsJ He prcpar-
ed present to offer opinion these points, but he
thought that the Senator in his should approach aud
take the oath.
He then moved that Dir. Robbins do take the customary
oath.
Mr. Clay suggested the propriey of making the cola
tera motion that the credentials Of Mr. Potter be laid
the table.
On motion of Mr. Poindexer it was then ordered ,ha,
the credentials of Mr.. Potter do lie OH the table.
MIR. King thought it would be the most proper course
TO leave both the gentlemen where they are. until sou
be determined which entitled TO the He advert
ed the practice OF the House. in referring cases of con.
tested elections to the Committee Elections, whose re
port had sometimes the effect OF osng the sitting
ber AS this was novel case. he thought il would be
better that neither Of the individuals should be qualified
until ii should be determined which entitled to the
seat 1t might happen that an important question would
be determined by single vote; and in that case il il
should be afterwards discovered that member was e-
gaiiy admitted TO seat, the decision might be vaied.
He suggested that for the present. the credentials of Mr.
Robbins should also lie the table, and that neither should
be qualified.
Mr. Clay admitted the deicacy OF the question now
sehen 70 the senate but eXpesseda hope that would lie
examined with becoming hrmness, and resolution
justly AT present, Rhode Island stoed in the Senate with
three representatives, and he willing admit that
he had the power, there State in the Union Ia
which he would be ready TO allow rpIe
on But the Constitution prescribed restriction and fs
could only have her two Senator'S The Senator from
Alabama had complained that would be doing injustice
TO the State TO admit her three Senator'S and he
desired TO limit her 10 Senator That would be
course in opposition TO The rights Of that State and
OF every other State in the Union, because the State
OF Rhode Island had right TO her two voices on that
floor, and on every question, and the Senator could
not say that she should have but one.
was not only the right of Rhode Island but Of every
arise, and the FIRST act OF the Senate by which the States
could be secured in this right, the verica,ion Of
the imperative duty of The Senate say who were to be
the Senators. and who the individuals TO be asso
caied in the performance of the important duties which
devolved upon them. 1t was the to decide no,
conclusvcly, he admitted which are Che two members
from the State OF Rhode Island, to be admitted 10 ,beir
seats. The question would then up, the ui
mate right oil either OF the conesting members On this
question he was perhaps well prepared give his Opt
Mon now at any time, having by examination made
himself acquainted with the whole subject But the peo.
per course. at This time, 10 determine who should
have the temporary occupation of the seat c was con-
tested by the laws OF Rhode Island time had bee ap-
pointed Tor the election Of u s. Senator's by the laws that
time had been fixed previous the expiration of the fine
oil the existing Senator's by the laws the election of Sc
naor had taken place prior 10 the 4h OF March last; and
In conformity 10 these laws, Mr. Robbins had been elect
ed his credentials certified presented the Senate
recognized and recorded. So far eyerv thing
was conducted in conformity with the Constitution and the
laws OF Rhode Island In the month of October last,
another session OF the General Assembly of the State was
held, and without waiting if the u. s. Senate would
pronounce The election Of Mr. Robbins valid, they pro-
nounced II TO be invalid; thus by their own act and with.
out any consultation with the w. s. Senate declaring the
first election null and void, and eecng another Senator
who had now presented his credentials. The GENTLEMAN
hrst elected and who had the prima acie right his
had in conformity TO law, presented his credentials his
was the prior. and therefore the valid deed her
in compliance with every law and Usage he ought To he
admitted But he desired be that in taking
Ibis course, he desired do nothing which would
10 'he oher gentleman the privilege OF full investigation
oil his right He had used The term prima Jdcie and he
requested the Senate look credentials presented
by MI Potter, which admitted their face the
election, The validity OF which II disputed, the ground
oil some non conformity iorms He had, however ri.
sen only without meaning express any opinion as 10 the
ultimate right OF either oil the members 10 vote for the
admission 10 his seat OF the gentleman who as first elect.
ed and for leaving the validity Of The right 10 be after
wards examined by committee Of the Senate.
MIR. King congratulated the Senator from Ken,uckv mn
the knowledge which he had acquired Of this case For
his part, he had not made himself so well acquainted with
The acis and he was not well prepared argue the
question, and TO decide who entitled 10 the seat under
the constitution, laws, and usages OF Rhode Island He
wished TO act ia such would be perfectly fair
aud respectable 10 the State, and the gentlemen claim
ing The seat IL was bis wish that the State should be
by The Senator she had duly elected-he
would not say which that il might be this gentle.
man, or u might be the other. He thought il would he
wel as il was novel case, 10 refer it 10 Select Com
ee and whenever the report OF that Committee should
be submitted, he would be prepared say which of the
gentlemen was, III s opinion, entitled to their seat
u The State was to be deprived OF Senator was the
FAULT oil the State herself He prepared TO give her
all she was entitled to, but She was entitled 10
her representatives. this floor who were constuonollv
elected. But who they? There was no dspnte az
credentials were presented at The last session. his claims
were contested. His credentials were il was tue pre-
se;ed last session. in the form and were recey
ed without any examination, as was usual In dis 40
ava sin,nO In Inns fls a,,tI,.