The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-02-07

MR. WINTHROP Is NO LONGER SENATOR
There is n mistaken idea that Mr.. Winthrop
will hold his seat in tho Senate until his sue
cessor appears to take his place. This il not
correct The Constitution provides that if any
vacancies happen, by resignation or oiherwise,
during the recess Of the legislature Of any Slate
the executive thereof may make temporary APP
pointments until the next meeting Of the Icgis-
lature, which shall then Gil such vacancies.
Mr.. Winthrop, BY courtesy and adopted usage,
has held over the meeting Of the legislature
But the vacancy is now flied BY the legislature,
and the moment this fact is officially communi-
Gated to the Senate, he ceases to be SENATOR
The commission Of Dir. Rantoul will be, or has
been forwarded to Mr. Winshrop himself, as is
customary in like cases. The moment he re-
ceves it. II is his duty to present it to the Sem
ate, and retire. 1t is unnecessary that his sue
cessor should be present or claim his seat Mr..
Rantouls acceptance, therefore, is not prere-
quisite to the retiring OF Mr.. Winthrop.
Mr.. WINTHROP himself, called the attention
of the Senate to this matter on Tuesday, as the
annexed extract from the Senate proceedings
will show:
Mr.. WINTHROP. beg to submit the fol-
lowing resolution for consideration:
Resoired, That the Committee on the Judic-
airy inquire and report to the Senate, as early
as practicable, ut wha' period the term of ser
vice OF a senator, appointed by the Executive Of
State during the recess of the lee isature there
OF, rghtfully expires.
With the indulgence of the Senate, will say
not single word in regard TO this resolution
Senators are not aware, perhaps, that there has
never been an authentic declaration of opinion
by the Senate on this subject The question
rests wholly upon usnge. There are large
number OF presidents, and they are uniform in
their character. They would lead to the conclu.
sion that senator sitting under an Executive
warrant should remain in his seat until the SEN
ator elected by the legislature should actually
appear and qualify. That would appear TO have
been the uniform usage in such eases. But, on
cons iltation with some senators around me,
find here a difference of opinion existing in re-
gard to the principle Of the case. In one in
stance, certainly, the precedent was pushed to
length entirely inconsistent with my own views
OF propriety. That was a case in which the dis
tingnished senator from Michigan, (Gen. CAss,)
having been elected on the goth January. the
senator appointed by the executive held his seat
until the Sd of March, while the senator elect
was on the ground, although his credentials were
not presented.
Now, 1t has been thought by senators of more
experience here than myself that while there are
no party or sectional questions which can be
affected by decision Of this point, it would b.
Well for the Senate, under the advice Of the Ju-
dietary Committee, to put some rule upon record
for the government of senators who may here.
after be in similar condition with the senator
from Ohio Mr. EWING and myself will only
add, that while | should be very unwilling to
desert my post as long as either the Senate or
my commonwealth have any claim upon my at
tendance should be equally unwilling to be
found sitting here single hour after my term
had constitutionally expired
The resolution was adopted.