Weekly national intelligencer., 1851-02-15


this body-he Judge of the qualifications Of its members
and be SENATOR though elected by the Legis
ature Of his State until he has presented himself hsre will
his credentials and been permitted BY this body either BY
direct vote by the silent acquiescence Of the body in
there be no objection to take his seat Senator Tb
Judgment of the Senate Is presumed to be passed in
case upon the qualifications Of the persons who presen
themselves here for admission into this body. The
den,als are presented they read ia open Senate
and IL objection be msde the unanimous OF the
body that the party who thus presents hmse is entitled
take his seat upon the administration Of the oath required by
the constitution of the United States, Senator The
judgment of the body then passed upon him and he becomes
Senator upon taking his But until he takes his
until he presents himself hereis the place ledl 1t il
occupied the temporary appontee Of the Governor in the
manner in which the constitution intends il should be
pied But the vacancy filled until the person constu
onay elected by the Legislature, possessing the
qualifications presents himself to the body and by the udg
of the body admitted to his seat Then the place
filed think therefore, that the report of the committee is
right as far goes but does far enough meet
entirely the exgency contemplated in the constitution and to
fulfil the fair nendment of that provision Of the constitution
which is now under consideration.
Mr. Ranous credentials have been presented here. In
the opinion of the chairman Of the Judiciary Committee by
whom report made bis acceptance may be presumed
the fact that the Governor of his State has transmitted to
the Senate the evidence Of his appointment But is there any
fair legitimate deduction to be drawn from the
mission of his credentials by the Executive Ii Mr. RAN
tou himself had received from the Executive the evidence Of
his appointment and had caused that evidence be trans
mted the Senate there would have been proof of his
tenton to accept the appointments but the transmission by
the Executive alone affords inference 10 my judgment,
way the other Il is simply detail of the fact that
the Legislature of the State of Massachusetts has selected him
TO fill the present vacancy.
Suppose sir that Mr.. Rantou nominated to-day by
the President of the United States fill Office that has
been established by law passed since the date Of his creden
as and the Senate should be called to confirm that
minaton would 1t be said that Mr. Rantoul Senator
and therefore disqualified from receiving the appointment
Has Mr. Rantoul assented any of bis disqualification
He applies for appontment-an executive appointment
the Executive nomnaes him he chooses accept it. he
disqualified because the Legislature Of bis State have thought
proper confer upon him the appointment OF Senator Ger
any Until he has accepted it. be cannot be affected by
their action and the Senate presume way the
other in my Judgment in regard TO his acceptance of the sp
pontment until he himself has manifested that acceptance
The Senate regard the vacancy filled until he has
presented himself here the Senate then being called upon
decide whether they will admit him to his toudge Of his
qualifications, either by silent permission for him to take the
necessary OATH by direct vote admitting him to his seat
But in all these cases. according my vew the judgment of
the Senate passes upon the qualifications Of every individual
who is admitted his seat To be if should afterwards
be discovered by the Senate that they had mudged the facts
the case would be open TO the body to reconsider its
Judgment But in every instance where elected and
takes his in this body he takes his by the permission
and judgment of the Senate, to his qualifications and
simply because he has been appointed by the Legsa-
Of his State. therefore hope that the amendment offered
hy the Senator from South Carolina (M RHETT) will be
adopted and should that be the case shall propose the
solution which hold in my hand amendment to the
resolution submitted by the Senator from Massachusetts, Mr
DAyIs.) It is in these words:
Resolved That Senator appointed by the Executive OF
State Of the happening OF during the
of the Legislature is entitled to hold his seat under the
temporary appointment of the Executive until such vacancy
filed by the Legislature the thereof and the
person appointed to fill the shall appear and be qualified
therefor pursuant the requirement Of the constitution
Mr.. HALE wish to call the attention Of the Senate for
moment TO the position in which find ourselves. What
is before the Senaei Mr.. Rantoul is not here claiming
Mr. Winthrop has vacated his seat He said yesterday
that he unwilling to proong his term here by his own
ac and he therefore presented the credentials th the
derstandng that agreeaby the report of the Judi
cary Committee the presentation Of the credentials will imply
acceptance the part Of the Senator elect 50 far forth
at least terminate the office of the sitting member.
And thereupon adds the reporter Mr. Wnthrop reu,ed rom
Then there nothing on earth before the Sen
but abrac. question There is nobody that claims
seat Mr. Rantoul is not here and Mr.. Winthrop has
gone.
Gentlemen very fond of making precedens to govern
the future. do think violent presumption that
the future will be well able to settle these questions for itself
will for it. Besides, it is admitted axiom ia judicial
proceedings that decision made point not before the
Is not authority at all WE'LL there is point before
the Senate nothing EARTH and the most that be made
of il that the Senate of the United States having abun
dant leisure upon their hands for the discussion of abstract
qusons and practical business before thcm amuse them
selves Saturday afternoon with discussing question
that has possible influence upon any before them,
likely TO be before them In the abundance of their wis
dOm and fearful that Of wise men was running
Senate undertake precedent for posery That all
DOING attempting to do for there is really no ques
on before There nothing to be settled except gentle
wish themselves by Offering abundance Of
resolutions govern the Senate hereafter hope Senate
will the matter in the light in which it really exists and
with the hope that the Senate may look at it in this light,
move 10 lay the whole subject on the table.
Mr.. BENTON. Will the gentleman withdraw the motion
for moment
Mr.. HALE. Certainly
| Mr.. BENTON In common with the whole of the Sem
appreciate the feelings of decacy which induced the
honorable Senator from Massachusetts, to make the appca
tion which be did. But think ii would have been better if
he had presented it in practical FORM applicable to himself
aone and that form would have been have raised the ques
on either he for himself somebody for him. whether he
brought the matter up and should have decided the
ton, and should then have done with it. Now have
been accustomed Senator's who held appointments
der the form that the Senator from Massachusetts did,
sit in their seats until their arrived. And have
them when their arrived introduce them,
get up and give them their and out have seen that
and have become accustomed to it. corresponds to what
think is due every State, what is due to the system Of
representation that there be any doubt all in question
kind the benefit Of that doubt should be given to the
State She should have the benefit of full representation up
to the last moment. There should he gap interval.
The Senator from New Hampshire has presented very
strong view of this that have got nothing practical
before We debating rule govern
in time He thinks is msspplicaion Of time,
and at time when have time spare. That Is my
own opinion about il and take any part in this
debate my opinions worth expressing TO the Senate
upon such point, should say that would prefer
this whole subject laid upon the table, should prefer
the Senator from Massachusetts, his the Se