The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-08

Mr SEwARo presented two petitions from Washington
county r. for the repeal OF the Fugitive Slave law
Laid on the table.
THE MASSACHUSETTS sESAroRsHr.
Mr.. WINTHROP said that he had received BY mail q
certificate Of the election OF Mr. Robert Rantoul as
senator, from Massachusetts until the 4th Of March
next. The certificate had been sent to him by the
Secretary Of the Commonwealth Of Massach hu,etts
with request to hand 1t to Mr. Rantoul, IL present
or to present it to tho Senate In case Of his ab
snce. After consulting with the friends Of Mr. Ran
toul, he had waited day; but Mr.. Rantoul had not
arrived; and, nom some unknown perhaps de-
rsngement Of the telegraph nothing has been heard
ais views upon the subject Not desiring to hold his
eeat when, perhaps he not entitled to It, he con-
ciuded to present the certificate to avoid any miscon
sruction OF his conduct He the certificate
which no considered sufficient to close his duties as
ssitting member. Mr.. W. then vacated his seat, and
che certificate read
Mr. Ga, rose to a question of privilege He thought
she Senate ought TO dispose OF the right Of sitting
member to retain his seat He agreed mainly with the
point where they speak OF implied rs fol-
lowing the presentation Of credentials without
the assent OF the elected With this he did not
agree. He moved that tho report of the Judiciary
Committee on this subject be taken up.
Mr.. BUTLER stated the duty OF legislature. under
the constitution, to fill vacancy and was Of opinion
ahst vacancy was not filled till the member elect
presents his credentials the 5-nate i. officially in
Formed OF his election Ordin nsriiy Senator, when
elected, comes in person and prese his credentials
by some Senator, TO the Senate. This act dir cot
acceptance of the ofice-acceptance was of course
consequence, when Senator elect has sent on his
credentials to be presented to the Senate When
dentsls are cent or by the Governor, then the DO
vernon must be supposed 20 cot the agent of the
senator elect, and their presentation to the Senate
implies acceptance This implication is easily re-
Quilted No Governor should ever send on the crsden-
sals of Senator, when such senator elect has not
accepted sfcs The cr@dentia, in this sent
the Senate The sitting mvmber in { embarrass-
ing position and he thought he had acted correctly
e thought that credentials having been sent and
read In the Senate were prfmd icfa evidence OF ac
ceptance by the member elect, and unless that was
Tebutted the vacancy was filed by the Legislature,
and the sitting member was no longer entitled to his
seat.
Mr.. Jops DAVIS thought that the Senate should
oave some certain rule than the report of the
COMMITTEES; and without any consult alton with his
colleague, he offered resolution, to The effect that
Sr. Winthrop entitled TO hold his seat till asu.
cessor appeared with u commission superssding him
Mr. RHErr contendsd that a senator, appointed by
Governor had no right TO act after the day OF meet
ing Of the Legislature.
Mr. BuILES called for the reading of the report of
che Ju iicsry Committee.
Mr.. CLAs replied contendng that the words Of the
constitution, until next meeting OF the Legislature
meant until the end of the nexs session OF the Legis
gequred two parties to hil vacancy oae to elect,
she other to accept III there Is no acceptance the
9enAte that Mr. RaBtou has pied aud until there
z. the sitting member is entitled TO retain his seat
The CHAIRMAN (Mr. King held that, under precs-
aients senator appointed by Governor, Is entitled
20 hold his seat until election Is actually made,
until the Legislature, whose duty IL was to all the
vacancy adjourned. The Senate had nothing TO do
sith the AGO. ptanoe The credentials bslng present.
"a, settled the question that vacancy has been
1led and the sttiEg member is no longer senstor.
.iS. Joas DAyIs replied and advocated his resolu-
zion.
MIR. HALE said the question not for the
Senate to decide 1t treating Massachusetts, With
want OF respect. That State certified that they had
eS vacancy aud the Senate now undertakes to tell
jassschusetts tba: she has not done 40 such action
cisre 10 Massachusetts, aud to Mr. Rantoul,
or It implied that he would do thA. which no man
-as known to have done-rsfuse a seat In the
fsEa- He coLte 1ded that the true psetston
he constitution was, that the Governors poSer to
make temporary sppointmen continued To the meet
-ug of the Legislsture
Mr. Ram repeated his views.
Mr. SEWARD agreed with ths Judiciary COMMITTEE
and with the chair that the preseDtauon OF MI Ran
.ouls credentials vscsiei Mr. winthrop's ohics.
Mr. waLKER ..gresd With the conmittee and With
Nr Hale.
SIR RHsrr offered substitute for the resolution, de
siarfg that Senators appointed By Governors ceased
20 be such as eoOn the Legislature assembled.
Mr. ErsK coDteuded that "A vscsocy IL not nued till
the Senator chosen by the legislature appeared
SIR. p0wNs supported the views OF the Judiciary
Committee.
Mr. B,RAlsN advocated the doctrine as contained
= Mr.. Rhett's resolution.
Mr. BoRI.Np held similar views.
Mesnrs, waLgtn, BurLEa, and BErsirNi continued
GAs debate.
Mr. HAtr moved TO lay the subject on the table
Mr. srwAEo paired OH with Me. Oisy, who was ne.
sesseriiy absent
The motion to lay the table rejected by yeas
-. nays 20.
Mr UnDHRn ooo sustained the report Of the Judi
-iary ComIittee
Mr. gEADnps. did the same.
Nr BEaRiEN replied.
Mr. gApcrr moved "a adjournment which va, car.
led by yeas 20 nays 10.