Weekly national intelligencer., 1851-02-08
CONGR ESS.
FRIDAY, FEBRUARY q, 1851.
IN SENATE.


in Congress to use every exerton TO procure
appropriation for the further prosecution and completion Of
the habo Michigan city, in the State Of Indiana which
read ordered be printed and referred to the Committee
on CommtIce.
Mr.. BUTLER presented memorial from officers Of the
army auoned at Socouo, in The Territory Of New Mexico,
setting forth that such the Of the necessa-
Of life that country that they cannot conceal from those
~h whom they mnge, muchless from themselves, that what
they receive from Government is wholly inadequate enable
them live dcenty and asking for themselves and the sol
ers they command to be placed the footing that
portion of the army stationed 10 California and Oregon
which referred TO the Committee on Military Affairs.
Mr. BELL presented the petition of JOHN G. Morris and
Eliza Mckee, Cherokee Indians, residing in the State Of
North Carolina asking indemnity for being deprived Of the
pre- mpon claim which they entitled under the treaty
of New Echo between the United States and the Cherokee
Indians made 10 the years 1885 and 36 which referred
to the Committee on Indian Affairs.
TERMS OF APPOINTED SENATOR'S.
Mr WINTHROP. received by the mail of "Wednesday
last certificate of the election by the Legislature OF Massa-
chusells vf the Hon. ROBERT RAsToUL, Jr member Of
this body until the fourth day Of March next II sent to
me by the Secretary Of the Commonwealth with the request
that would either hand the to Mr. RANTouL his
arrival the Of Government, present it to the Senate
s might think best In the exercise of the discretion thus
coureousy orded me- and at the nsgaton Of the friends
OF Mr. RAsrouL have allowed day to intervene, in order
that his wishes and intentions the subject might be
taned unwilling however, TO be responsible Tor pro-
longing my further, and therefore present the
tcae the Senate, with the understanding thai agreeaby
the recent report of the Judiciary Committee the pesena-
he Saaor elect SO far forth least as to terminate the office
the sitting member.
Mr. W. hereupon presented the credentials OF bis success
sor and retired from the Senate.
The Secretary having read the credentials of the Hon.
RoBERT RASTouL, jr-
Mr.. CLAY. rise to what suppose ought to be con-
sidered privileged question think ought to dispose
of the question the right Of the member who has just pre-
ened these credentials retain his seat heard the report
of the Committee the Judiciary read the other day. and
confess that do in conclusion to which that
committee came, and if the Senate will it, the
retiring member will be entitled retain his unit, there
acceptance by competent evidence known the part
of the person elected therefore, take up the
port of the committee, with the view Of deciding whether the
Eetiung member is entitled to his seat.
Mr. BUTLER. wsh TO say word by way Of expana-
don of the report of the committee. do not know that is
necessary take the report but is necessary, perhaps
that the report should be explained The view which
ieaned in the committee, and that which think prevailed
with the members present, This that at the
ing session of Legislature after Executive appointment
has been made becomes the duty of that Legislature fill
the place Of the member holding the seat under Executive
appointment am OF those who believe that the place
be filled until the person elect is ready fill il, or
accepts the commission. That is my opinion. Ordinarily,
the member elect appears with his credentials and presents
them through another member That express accept,
anoe and him with right occupy the seat In
other cases, he may send them himself and when he
sends them HIMSELF is of express acceptance
his part of the Office rendered him by the Legislature WheD
however he does not send them, but they sent by
the Executive Of Sate the Executive undertakes be his
agent other WORDS the person elect suhozes the Execu
tive send them here, they would not be say
ought send credentials here Of his accord
without consulting the member elect. The report goes
further than say that there under such circumstances
implication that he does accept admit it is impica-
that may be controlled and rebuted by evidence but
when the credentials sent under the authority the
ecatve, hold it be implied acceptance OF the Office
md at he ia rzed
the from that time. From the time that be is entitled to
fn by accepting the Office, the sitting members right is
Invested This question comes up in this way These
dentials sent, understand the sitting member
with authority present them if he thought proper or
hand them Mr.. Rantou Mr. Ranou is not here to
receive them The sitting member has been embarrassed by
the consideration that il he present hem he
might, in some measure occupy by usurpaton seat TO
which by possibility he not entitled understand the
eIicacy of his tuaton and should certainly have acted
be did if were placed in similar circumstances He did
the honor of consulting in relation the matter.
Mr Ranou has been elected for days. bu there has
been perfect silence upon the subject Of his acceptance H
the Governor peremptoiy to instruct the Senator from
Massachusetts, present the credentials should regard
being the authority Of the member elect. somewhat
embarrassed in relation this matter because do not know
whether this gentleman has accepted But do main
that when his credentials presented and read open
Senate, is strong implication that he has accepted and
chat he emitted to occupy the seat to take upon himself
the office and franchise Of Senator think very unsafe
say when credentials read in this way that there should
not be an acceptance implied.
Mr.. DAVIS, Of Massachusetts, Mr. President, rose
with view Of asking the attention Of the Senate when the
Senator from Kentucky that ought
have distinct definite, and certain rule than
that which proposed be established by the report Of the
committee.
NY purpose in rising to offer resolution for the
sdsraon Of The Senate, to establish such rule But in
doing this ought 10 say, what ue that is done without
conference consultation with my colleague, (M WIN
rHnor. So far as know his opinions, and believe
derstand them very well, it would be his desire wish
that on his any steps should be taken to
establish any rule change vary alter the practice Of
the Senate any particular whatever The position which
ne has occupied here was somewhat embarrassing to him.
an the Senate He in the FIRST place duty to
F,iuself and would not wish be thought to desire
here for few days. On the other hand be duty
his State which he feels under obligation not to renqush
unnecessarily In this state of things, the alternative
eigen to him by the Governor by the Secretary of the
Commonwealth present the credentials Of Mr. Rantou in
that think he has done entirely right II acoords with my
own Judgment But nevertheless, has struck me from the
gnning that il very desirable to establish rule that
shall guide US in all cases which may follow.
NY reason hais that this question arises under
circumstances favorable to settlement There is per-
sonal feeling far as am There Is party feel
inS on question It may be settled therefore, according
- the deliberate judgment Of the Senate, and with view to
aocsmpsh that object send the Chair resolution which
hzvc drawn up for that purpose.
The Secretary read the resolution follows
Resolved That Senator appointed by the Executive Of
State TO fill is entitled hold his until the Sc
ie Office ProUd that such election and acceptance takes
place during the session Of the Legislature held after the
vacancy occurs and that such acceptance ought be
rred from the presentation the Senate Of the