The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-12-02
In CONGRESS- OF THE U. STATES.
Thirty second Congress-First Session.
MONDAY. DECEMBER i, 1851.



From Ne.0 Jersey Mr.. Miller.
From Deiawars. -Messrs, Spruance and Bayard.
From Mar uldad .-Messrs Pratt and Pearce
From Hrginia--Mr Mason
From Georgia --Messrs BerTien and Dawson.
From Aia6dma. -Messrs, Clemens and King
From Missssppi-Mr. Foote.
From Caiyornia--Mr Gwin.
From Eorida.-Mr Morton.
From Indiana -Messrs, White omb and Bright
From Wiaois-Mr Shields
From Ioud.Messrs. Jones and Dodge.
From kentueky -Messrs. Underwood and Clay
From lIishigan.- Messrs. Felch and Cass.
rom Missouri-Mr. Atchison.
From Ohi0.-Mr. Chase.
From Psnnsytua"ia; 1MessTs; Cooper and Brodhead
Prayer was offered by the Rev. Mr. BUTLER.
Mr.. SEWARD presented the credentials of the Hon.
HAMILTON FISH, elected senator by the Legislature OF
the State OF New York for six Yeas from the 4Ih Of
March, 1851; which were read.
BENJAMIN F. WADE elected by the Legislature of
the State of Ohio for six from the 18th OF March
Mr. MILLER presented the credentials of the Hon
RoBERT F. STOCKTON elected senator by the legislature
OF the State Of New Jersey for the term oil six years from
the 4th OF March, 1851; which were read.
Mr.. CLARKE presented the credentials of the Hon
CHARLES L. JAMES, elected senator by the legislature
OF Rhode Island for the term OF six years from the 4,h
of March, 1851 which were read.
Mr. ATCHlSON presented the credentials of the Hon.
HENRY GEYER, elected senator by the legislature Of
Missouri for the term OF six years from the 18th OF March,
1851; which were read.
MI CASS presented the credentials of the Hon
CHARLES SUMNER, elected senator by the legislature Of
Massachusetts for the OF six years from the 4h of
March, 1851; which were read.
Messrs. FISH, WAnE, JAMES. GEYER, and SUMNER
heeupon presented themselves, and the oath prescribed
by the constitution administered them; after which
they took their seats in the Senate
CONTESTED SEAT OF SENATOR FROM FLORIDA
Mr., MORTON. Mr.. President. beg leave 10 present
the Senate the certificate of the governor OF the State
r. MALLORY to The Senate Of the United States for The
term OF six years, commencing on the 4h OF March last
/ also beg leave TO present TO the Senate copy of
the journal of the house of representatives OF the
State OF Florida showing the proceedings of the joint
meeting OF the two houses of the legislature the
sion Of the election OF senator Tor the term mentioned
evidence that he elected the senator OF the Stale
OF Florida for the term commencing the 4h of March
last The proceedings are certified by the Secretary Of
State OF Florida
have considered it my especial duty present to the
Senate the claims of each of The gentlemen 10 the seat in
this body OF from Florida, for such action as
the Senate may think proper, without indicating my
part what that action should be- but simply ask that the
The PRESIDENT The Chair is under the impression
that nasmuch is apparent that the coniestng of the
seat OF the senator from Florida varies from the usual
mode, II is not his province 10 decide whether the claim.
ant entitled 10 take the oath oil Office under ordinary
circumstances
But heretofore some have arisen. and one that is
very mpor,ant-fom the State OF Rhode Island-when it
was left with the senators themselves to decide whether
the individuals presenting the certificate should first be
entitled TO their seats before being duly qualified.
cuouiu pdsc ucu PooiPohcd uhth TIC qucsuOn was
decided. It is, therefore, the opinion OF the Chair.
proper subject for The Senate to decide upon whether
they will will not exclude both until that nvesga-
ton takes place There is another case that does not
exactly in point and that respecting the
from Connecticut, who was not permitted TO take his
seat because the governor made an appo ntmen which
he not authorized 10 make, there having been in
tervenng legislature which had adjourned without an
election
The Chair therefore trusts that the Senate will take
action in order that the question may be decided
Mr. BRIGHT. Mr.. President, in order 10 reach the
facts OF this case, will move that the credentials OF the
senator elect and the evidence presented by the gentle
man who claims the seat, be referred TO select commit
Mr. CLAY. Mr.. President, for one, | canno, vote for
that notion think the is perfectly clear. Accord
ing TO the usages existing in every delberave body in
which have bad the honor Of sitting, Mr. MALLORY
comes here with his credentials IN due form. These
denals TO be considered prima aee evidence OF
his right seat in this body. There presented along
proceedings behind the credentials say they are in
formally presented, because appears TO me that they
can only be exhibited at the moment when the gentleman
[Mr YULrrl should present his petition and contest the
seat
Under these circumstances, sir would move at once,
had we not already motion before us, that Mr. NAL
LoRY have the oath Of office administered TO him.
Mr. FOOTE of Mississippi. Mr.. President, think
under the circumstances, that the honorable senator
from Indiana [Mr BRIcHrl can have no besita.
ton in Withdrawing his motion. | understand that
every recent precedent in this body confirms the
course recommended by the honorable senator from
Kentucky, tMr CLAY] ! should certainly have made
but | waited with Difference for some older mem
Der OF the Senate to take action upon the subject Ii
seems TO me, sir that the member from Indiana Mr.
BaeHrl would refuse 10 Withdraw his motion that
the other motion may be put II seems the most expe
dent and proper 10 pursue that the senator elect
should be allowed TO take his seat until some contest
should arise.
Mr. BERRIEN MIR. President. the public papers
have advised OF the existence OF this controversy ;
and presume il has engaged the attention OF the mem
bers OF the Senate In every view Of the subject air. il
10 altogether without precedent think neither
OF the which have been presented affords prece
dent which guide and direct this affair. In the
case OF Mr. Lanman, there decision upon the
face OF the papers. There a manifest assumption of
authority not conferred by the constitution upon the
Of Connecticut The Senate therefore, on its vote,
took that view Of the and decided that Mr. Lanman
was not entitled TO the seat. In The other casetbat OF
Rhode lslandihe credentials OF Mr. Robbins the certif-
cate oil the of the Stae) had been presented at
his seat When the time OF the meeting OF that Con-
Eress arrived, Mr. Potter presented similar certificate OF
his subsequent election by the legislature founded upon
the assumption oil the invalidty OF the act II was
in that state OF things that the question was settled
Mr.. Robblnss credentials had been presented and re
ceved and upon the consideration that after the fop nh
Of March subsequent TO such reception, he would be en-
permitted 10 take bis seat and that the matter should
then be referred to committee 10 ascertain the validity of
the claims OF the respective parties
But here, sir, is case in which two parties present
themselves claiming seat in the Senate OF the United
States The question OF the right OF either OF these gen.
tlemen TO that seat il question OF obligation TO decide
which is imposed by the constitution, and which we
not escape II s impossible 10 transfer this authority 10
any other functonary; The governor OF the State OF