The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-02-06

supreme superior of said late Territory Of Moh
gan and moi hitherto renewed as aforesaid by writ OF error
appeal
The amendment was agreed to-
No further amendment being offered the bill was
ported to the Senate and the amendments were con-
The bill was then ordered to be engrossed and read
third time.
CIVIL AND DIPLOMATIC BILL.
A message was seceyed from the House OF Repre-
senatives, informing the Senate thai said House had
passed an act making appropriation Tor the civil and
diplomatic expenses OF government for the year ending
30th June, ISIS, and for other purposes.
SAID bill was read first and second times, by unan
nous consent and referred TO the Committee on Finance
BILL
A message was also received from the House OF Repre-
sentaves, informing the Senate that said House insisted
upon its amendments to the bill 10 raise for limited
tme additional military force, and for other purposes,
and had agreed the conference asked for by the Sen
ate, and had appointed Messrs BOYD, MoRsE, and K.
lNGERsoLL managers on lher part.
THREE MILLION BILL
On motion of MIR. SEWER, the prior orders
pended, and the Senate resumed the consideration, in
committee of the whole, of the bill making further appro
pration to bring the existing with Mexico speedy
and honorable conclusion.
The question pending upon the amendment sub
mitted by the senator from Michigan mr. CAssl the
amendment of the senator from Georgia MIR. BERRIENl
and intended as substitute therefor Ii is as follows:
Strike out all after the word provided" and insert
ana III Is hereby declared 10 DE the
lns OF Congress IN making this appropriation that as by
the act OF the republic of Mexico state Of exists be-
tween that government and the United States agreeaby TO
The declaration made by this Congress on the 18th day OF
May last therefore the interest and honor OF this country
require that the said war be vigorously prosecuted TO
Obtained from Mexico for the wrongs she has committed
wards the government and the citizens of the United
States.
And it is further declared, that the and
such indemnity proper Subjects in the first instance Tor
executive consideration, when negotiations for peace may
be opened between this country and Mexico, subject to the
action oil the Senate on the question OF ratihcaton"
MIR. r. JOHNSON then addressed the Senate, in
speech OF two hours of which full report will be given
in our next publication.
After some remarks from Mr. CASS in reference to his
Mr.. MOREHEAD indicated his intention to address
the Senate on Monday, and
The Senate adjourned.
HOUSE OF REPRESENTATIVES,
The journal having been read,
REPRESENTATIVE FROM ARK ANsAs.
Mr.. BOYD presented the credentials of Hon. THOMAS
w. NEWTON, OF Arkansas, elected to supply the va
cancy declared by the legislature of Arkansas TO exist
the representation in the House of Representatives OF
the United States from that State in consequence of the
the volunteer forces of the United States and departure
under said commission to the seat of war.
MIR. q. w. JONES raised the question of right TO a
seat, and submitted the following resolution:
Resoiced, That Thomas W. Newton having presented ere
dcntals OF his election member of this House from the
State OF Arkansas, and the House having received nor
nation OF the DEATH resignation, disqualification of Ar
chibald Yell heretofore elected and qualified member OF
the 18th Congress- the said credentials be referred to the
Committee OF Elections, and that the said committee
port thereon at the earliest practicable day.
Mr.. THONASSON moved to amend the resolution by
striking out all after the word resolved and inserting the
following:
Chat Thomas w Newton, who now presents his ere
dentals of election member of Congress from the State
of Arkansas be sworn as member and take his seat and
that the credentials of his election be referred the COM
mee ON Elections
An animated debate ensued, in which several mem
Mr.. WOODWARD said By the constitution this
House was the Judge of the qualification, election, and
return" OF its members; but he denied that it was in
strctness the Judge OF the fact OF vacancy Con-
gress determined by law the number OF members to which
State entitled, but left it with the State to that
they elected and the election under the laws
OF the State and Tor the benefit OF the State and not of
Congress 1t the business of the State to that it
represented here and to take notice of the fact that
not represented, but that its seat this floor
vacant. This House would take cognizance of that
fact, give information thereof to the State State
might go unrepesened for any length of lime for aught
this House might do and was, therefore, obliged to act
upon its own knowledge OF a vacancy. If, therefore,
(said Mr.. W. it within the conscious knowl-
edge of the House that member had failed to
appear and occupy his seat, and If, in addition
to that, another person appeared bringing credentials
from his State authorizing him to occupy that same
seat the presumption was that the latter person was en-
titled to the seat, being vacant The House might ex
clude him upon the ground that he person not quail
flied to be elected not regularly elected or was
not regularly returned And this it might do upon its
conesting the seat appeared not But where the
involved nothing but the simple fact of vacancy the APP
picant would only take his seat prima fac,e, but If
no other claimant appeared, hold it eventually. The
House could not the absence of contestant of its
accord, and its own behalf, make up issue be-
tween itself and State directly upon the fact of
cancy. The action OF the State would be conclusive OF
the matter But in another person should appear,
claiming the possession OF the seat and make personal
issue with the claimant, the House would be neces
STATED to audge the rights of the parties, and TO decide
incidentally upon the question OF vacancy but il could
assume to make no issue between itself and the State
upon the mere fact of vacancy The House had ursdic
ton to enforce the law limiting the number of members
to which State entitled, and must of necessity de-
eide the issue between the two individuals and every fact
touching their rights But this power inherent IN
the House, and different from that delegated in the
stution: to be the Judge of the qualification, election,
and return of its members"
Mr. NORRIS moved the previous question; which was
ordered, the amendment agreed to- and the resolu-
ton amended adopted.
Mr. NEWTON then presented himself, sworn,
and took his seat
PRIVATE CALENDAR-PERsoNAL.
Mr. RATHBUN moved that the House resolve itself
into Committee of the Whole.
Mr. WENTWORTH then rose and said Mr. Speak
er, rise to privileged question [Crles of st DOWN
bah!1 propose TO occupy the attention of the House
only about five minutes. ['Bah ~ "bah % and cries of
mo" mo. ''sit down. ooh, no. y will only delay
the House for few moments, t"Bahr' "bah !" and
cries of ''oh or al object" and confusion]
order Gentlemen will please to take their seats The
Hannah frnr, No,xrN orli cd IN fha