New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-08
xxxIa CONGRESS-. second Session.
SENATE.


SENATE
W.ssIseros FRIDAY, Feb T.
Mr. SEWARD presented two PETITIONS from
washington county. New.York, for the rePeai oil
the Fugitive Slave Law. Laid on the table
Mr. WINTHROP said that he had received oy
mail certificate Of the election OF Robert nan,
tout IT., as Senator from Massachusetts untu
March 4th next. The certificate had been sent 70
him by the Secretary OF the Commonwealth, win
request 10 hand it to Mr.. Rantoul, Il present. or
20 present it TO the Senate. After consulting WITH
the friends of Mr. Rantou he had waited day,
hut Mr. r. ntoul had not arrived, and from some
cause unknown, perhaps arrangement Oh the tele'
graph nothing had been heard Of his views uPoa
the subject. Not desiring TO hold bis seat wnen
perhaps being not entitled to II, he concluded 20
present the certificate to avoid misconstructlons
of bis conduct He presented the certificate which
he considered sufficient TO close che duties OF the
sitting member He then vacated his seat and
the certificate was read
MIR CLAY rose 70 question OF privilege. ne
thought the Senate ought to dispose OF tue r'sqs
of the sitting member to retain bis seat. de
agreed mainly with the report OF the Judiciary
Committee, except on that point where they
sneak of implied acceptance as following the pre-
sentation of credentials, even without the assent
of the person elected; with this he did not agree
He moved the report OF the Judiciary Committee
on this subject be taken up.
Mr. BUTIER said the duty OF the legislature un-
der the Constitution was to ill the vacancy. he
wss of the opinion that the vacancy was not hlled
till the member elect presents bis credentials or
the Senate is officially informed of his election.
Ordin arily Senator when elected comes In per-
son and presents his credentials by some Senator
to the Senate. This act was a direct acceptance
OF of;ce-acceptanc was Of course aconsequence.
When the Senator elected sent on his credentials
o be presented to the Senate-when credentials
were sent on by the Governor-then the Governor
must be supposed to act as the agent of the Sen
ator elect and then their presentation to the SEN
ate implies eptance, which implication is easily
rebutted. No Governor should ever send on Gre
dentias of Senator when such Senator elect
has not accepted office. The credental in this
case were sent to the sitting member to be pre-
scented or not by him to the Senate. The sitting
member was in an embarrassing position, and he
thought had acted correctly. He thought thatthe
credentials being sent on and read In the Senate
there was prma facie evidence of acceptance by
the member elect; and, unless tina. was rebutted,
the vacancy was filed by the Legislature, and the
sitting member no longer entitled to seat.
MIR JOHN DAVIS thought that the Senate should
have some more certain rule than the report OF
the Committee, and without any consultation
with bis colleague, offered a resolution to the
effect that Mr.. Winthrop was entitled to hold bis
seat till a successor appeared with commission
superseding him.
Mr. RHETT contended that the Senator APP
pointed by the Governor nAu no W hCb
the day the Legislature meets.
Mr.. BUTLER called for the reading OF the he
port by the Judiciary Committee.
Mr.. CLAY replied, contending that the words OF
the Constitution, until the next meeting of the
Legislature" meant until the end Of the next
session Of the Legislature, until the vacancy is
filled by election 1t required two parties TO fill
a vacancy-one TO elect, the other to accept. Ii
no acceptance, then the vacancy is not filled. No
evidence is before the Senate that Mr.. Rantoul
has accepted, and until there is, the sitting mem
Der is entitled to retain bis seat.
The CHAIR (KiDg,) held that under prece
dents the Senator appointed by the Governor is
entitled to hold till the election actually is made,
or until the Legislature, whose duty il was to ill
the vacancy, adjourned The Senate had nothing
to do with acceptance. The credentials being
presented settled the question that the vacancy
hal been filed, and the sitting member no longer
a Senator.
Mr.. JOHN DAVIS replied and advocated his re.
solution.
Mr.. HALE said the question was not one for the
Senate to decide; it was treating Massachusetts
with want of respect. That State certified that
they bad filed the vacancy, and the Senate now
undertakes to tell Massachusetts that she has not
done so. Such action disrespectful also to Mr..
RAEToUL, for it implied that he would do that
which 10 man was ever known to have done--re-
fuSe Seat in the Senate. He commended that in
Constitution the adverb "until" qualified the
verb make" and the true Interpretation of
Constitution was that the Governors power TO
make a temporary appointments, continued till
the meeting of the Legislature.
Mr.. RHETT repeated his viewg.
Mr. SEWARD agreed with the Judiciary Com.
mittee and the Chair. The presentation of Mr..
Rantoups credentials vacated Mr. WnthrOps
office.
MIR WALKER agreed with the Committee and
Mr.. Hale.
Mr.. RHETT offered a substitute for the resolu.
ton declaring that Senators appointed by Cover
nors ceased to be such as soon as the Legislature
assembled.
Mr.. RUsK contended the vacancy was not filed
till the Senator chosen by the Legislature ap.
pesred.
Mr.. Downs supported the views OF the Judi.
ciary Committee.
Mr.. BERRIEN advocated the doctrine as con-
tanned in MIR. Rbett's resolution.
Mr.. BoRLAED held similar views
Messrs WALKER, BUTLER and BERRIEE coa-
tinued the debate.
Mr.. HALE moved to lay the subject on the ia.
bic.
Mr.. SEWARD paired off with Mr. Clay who was
necessarily absent.
Motion to table rejected, yeas %; nays IS.
Mr., UNDERWOOD sustained the Report OF the
Judiciary Committee.
MIR. BRADBURY did the same.
Mr.. BERRIEN replied.
Mr.. BADGER moved adjournment. Carried
20 10 10.
HOUSE OF REPRESENTATIVES
WASHINGTON, Friday, Feb.7
The House went into Committee of the Whole
on the State of the Union, and proceeded to the
consideration of the bill to establish Board Of
Accounts, to consist of three Commissioners at
$4,000 each per annum-their decision on claims
referred to them to be final an Attorney to be
appointed TO represent the United States Clerks
TO be appointed, &c.
Mr.. MEADE explained the amendments which
the Committee on the Judiciary intend 10 offer,
in effect, that the Board ascertain all facts con.
.nected with claims referred to it; to have no
power to bind the Government to their payment,