The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-09


aohs tilhsT ty a silent PERMISSION 10 him TO lake the
necessary oath, By direct vote ntDg TO ln all
a,s ea1s- u IN my Judgment 'ial The Sen
ave should dtcice upor The qpabcstoDs 81 the senator
eithe Al lbe bme he pfrsepts himself or afterwards il Il
should be discovered by the that the facts
NOT before them Tor il would then ke open 10 the body
10 reconsider its judgment admitting him his seat But
IN every instance, whenever person elected by sa
lure takes his seat in this body he takes his seat here by
qualifications. and not simply because he has been APP
pointed by the legislature Of The State therefore hope
sir that the amendment offered by the from South
Carolina I Mr., RHETTl will not be adopted and ii il be
not adopted by the Senate shall propose the resolution
which hold in my hand, amendment 10 the resou-
uon submitted by the senator from Massachusetts 1t is
in these words
" Resolved, That the SENATOR appointed by the executive
OF STATE In consequences OF the happening vacancy du
ns y b o. .he u entitled 10 hold his seat
the vacancy ned by the legislature at the next session
thereof ana the person appointed TO I'LL the shall APP
ment OF the constitution"
Mr.. HALE. Mr., President, beg 10 call the at,en.
uon OF the Senate to the amendment and the position
we are IN What Is there before the Senate Mr., RAN
roUL is not here claiming seat. Mr. WINTHROP has
vacated his seat according the remarks he made in the
hearing OF the Senate yesterday He said he was un-
willing TO be responsible for prolonging his own term
further and therefore he presents this certificate 10 the
Senate with the understanding, agreeaby report of
the Judiciary Committee that the presentation of the Gre
dehtias will imply acceptance upon the part of the
senator elect. 30 far the sitting member concerned
Ihereupon Mr.. WINTHROP presented the credentials Of
nothing before the Senate but abstract question
There is nobody Claiming The seat Mr. RASroyL is not
here, and Mr. WINTHROP has gone Now. gentlemen are
very fond OF making pecedents 10 govern the future.
Sir, do not think it is violent presumption suppose
that the future will be able settle this question for
themselves as we are to settle for them Besides. SIR
il is an adopted axiom in judicial proceedings that de-
cslon made upon point moi before the court is
lhoriiy at all There is point before the Senaenob-
the Senate OF the United States, having abundant eis
upon their hands for the discussion OF abstract ques
TONS and no practical business being before them to
quire their attention. themselves some SATURDAY.
afternoon with discussing question thathad no posi-
Bile influence upon any that before them, or
likely 10 be before them But in the abundance Of their
own wisdom, and fearful that the OF wise
running out they undertook TO precedent for poster
ly. [Laughierl Now, that is all we are doing, all we
are attempting to do because there is really question
before There is nothing to be settled except that gem
emen may amuse themselves with offering an abun-
dance OF resolutions to govern The Senate hereafter
DO hope the United States Senate will this matter in
the light IN which 1t really exists and with that hope
that the Senate may look at it in this light, renew the
motion made BEFORE that this whole subject lie upon
the table
Mr. BENTON | would ask the senator to withdraw
il for moment
Mr.. HALE. Certainly. sir
MIR. BENTON. Mr.. President, appreciate the deli
cacy that induced the senator from Massachusetts MIR
WINTHRoP 10 make the application TO the Senate that he
did, to determine the question how long he should
II in practical form, applicable 70 himself aone and
that form would have BEEN to raise the qaeson-eithe
himself or any gentleman for him--whether not he
was entitled to vote question that going
TO be taken lie question then would have been deci
ded for him Now, sir, have been accustomed to see
senators nod appointments o. the same vnd as that Of
have been accustomed to them sit here until their
cessors arrive have SEEN them when their successors
arrive introduce them to the Senate and get up and give
them their seats. have become accustomed 10 it, and il
corresponds with what think ia due every State. Ona
system OF representation, il there is any doubt at all upon
the question of right te benefit of that doubt should be
q hayI
full representation up 10 the last moment that there
should be no gap II we could avoid it. Now tie senator
from New Hampshire (Mr. HALE] has presented very
strong view OF the subject. We have nothing practical
before We debating rule to govern
sors in time TO come All thisis misapplication OF time
at period when we have no time 10 spare. II took
any part IN this case- my opinion. sir, worth
pressing TO the SenaeI would say would prefer
this whole subjec laid upon The table would prefer 10
see the seuato from Massachusetts Mr.. WINTHROP re-
turn to his seat 9nd himself, some person Tor him.
raise the question, and let the Senate vote upon
Mr. HALE renewed the motion TO lay the resolution
upon the table, which was agreed io-ayes "a, noes not
counted.
LIABILITIES OF SHIP OWNERS
Mr. HALE moved that the Senate proceed to the con.
sdera,on Senate bill No ISL, TO limit The liabilities Of
shipowners which motion upon division was reject
ed-ayes II. noes %.
RIoHT OF WAY IN NEW LONDON, CONNECTICUT.
Mr. BALDWIN moved to take up Senate bill No $50,
granting the right OF way the house LOT
New London. for the construction OF a railroad
MI oNaDDUnI was opposed 10 inc WOuon Us nc
desired the Senate 10 take up bill from The House of
Representatives TO provide for taking testimony in con-
tested elections.
The motion agreed TO.
The bill read second time, and considered as in
committee OF the whole No anne ndmen, being offered,
reported 20 the Senate, and ordered to be engrossed
for third reading,
CLERKS IN THE MINIS
The Senate proceeded to consider as IN committee of
The WHOLE the Joint resolution changing the mode OF APP
pointing the clerks OF the of the minis OF the
United States and, no amendment being made IT was
ported to the Senae, and ordered TO be cngrossed Tor
third reading
RESOLUTION SUBMITTED.
Mr. RUSK submitted The following resolution which
lies over one day. under The rule:
Rssr,d That Secretary of the Senate be required
procure fo the the Senate four hundred copies of
the last and each succeeding session OF Con-
gfess.
RAILROAD GREEN BAY TO ST. PAuL's.
Mr. WALKER moved that the Senate proceed to the
consideration OF Senate bill No. 2s7. granting 10 the
State Of Wisconsin the right ot way and donation OF
public land for the purpose OF locating and constructing
railroad from Green Bay 10 St Paufs.
Mr. w stated that he had ever since he bad been
member oil the Senate asked 10 take bill OF the kind
before
Mr PEARCE called the attention OF the Senate TO the
special orders
Mr. BERRlEN wished the Senate to take up the bill
for the relief of the capcrs OF the fga,e Philadelphia
He believed il was the FIRST special order.
The PRESIDENT. IL - the second special order
The first is the JOIN, resolution in relation to bounty
lands
The motion OF MIR WALKER was rejected.
BOUNTY LAND WARRANTS
The Ssna,e 10 the consideration OF the Joint