The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-02-08
THIRTY-FIRST CONGRESS.
SECOND SESSION.
FRIDAY, FrsRuARy 7, 1851.
SENATE.
THE FUGITIVE SLAVE LAW.

Mr. SEWARD presented two petitions from
Warrington county, in the State Of New York,
praying the repeal Of the Fugitive Slave law; which
were laid on the table,
Mr. CLAY presented the petition of Johu Buniff,
of Washington, praying pension as heir Of his
father, who would have been entitled to such pen
zion were he living
QUESTION OF OBSERVATION-DISCLOSURES SENATOR.
Mr. WINTHROP said. received by mail on
Wednesday last certificate of the election, by the
Legislature Of Massachusetts, Of the Hon. Robert
Rantoul r to this body until the 4th day Of March
1t sent to me by the Secretary of the Common
wealth, with request that should either hand it
TO Mr.. Rantoul upon his arrival at the seat Of Gov
ernment, or present it to the Senate, as might
think best In the exercise of the discretion the in
structions afforded me, and after consultation with
some friends of DIR. Rantoul, have suffered day
to intervene that his intentions upon the subject
might be ascertained. In default OF any informa-
ton, owing to a failure of the telegraph or some
other causes, Of which am not aware, am I'M
willing TO take the responsibility OF prolopgine my
term on my own mere discretion. therefore pre-
sent the credentials the Senate, with the under
standing agreeably to the report OF the Judiciary
Committee that the presentation Of this certificate
will Imply an acceptance upon the part of the SEN
aor elect at least far az thereafter to terminate
the office Of the sitting member.
The credentials were read, and Mr.. WISTHRoP
withdrew from his seat.
MIR. CLAY raised privilege question. He sug-
gested the propriety OF the Senae's determining at
once the question Of the right of the sitting member
10 retain his seat until the person chosen should
either appear in person, or signify his acceptance
of the office He did not concur in that conclusion
contained in the report of the Judiciary Commit
tee which declared that the presentation of the
dentinls necessarily implied an acceptance OF the
office By the person elected BY the legislature.
OF the Judiciary Committee, and commended that
the presentation of the credentials OF Mr.. Rantoul
informed the Senate officially that the Legislature
had filled the vacancy, and that there followed an
implication, easily TO be rebutted, that the per-
SON chosen had accepted the ONCE.
Mr. DAVIS, of Massachusetts, thought that there
should be some more certain rule than that OF re-
port of committee. He therefore, without any
consultation with his colleague, but with view of
having the sense of the Senate this question,
offered the following resolution:
ResOlped, That Senator appointed by the execu-
tive of State to fill vacancy is entitled to hold
his seat until the Senate is satisfied that
is elected and has accepted the Office; provided such
session Of the Legislature held next after the
cancy occurs, and that such acceptance ought not
to be inferred from the mere presentation TO the
Senate of the credentials of the newlyelected SEN
ator.
MIR. RHETT read the constitutional provision on
this subject, and commended that the Governor had
power only to appoint Senator to hold Office until
the next meeting OF the Legislature; and that as
soon as that Legislature assembled a vacancy &C.
Cured which it was the duty of the Legislature to
fill.
MIR. CLAY said that at the first blush the consti-
tutional provision might be supposed to bear the
construction placed upon it by the Senator from
South Carolina But if that were the strict interpre
tation of the Constitution, the Legislature was
bound to fill the vacancy instGnti-the moment
it assembled. He commended that the words "meet-
ing of the Legislature" meant the session of the
Legislature. He agreed with the Judiciary Com
mittee, that an acceptance by the person chosen
necessary to fill the vacancy; but he did not
consider the acceptance could be implied from the
presentation of the credentials, which had been
sent on here to the Senate, without any request
direction by the person chosen. He denied that
NJ ptap IF he
Office by MIR. Rantoul; and 1t was necessary
that the Office should be accepted to complete the
election, then the vacancy was not filled, and the
sitting member was entitled to continue in his seat
The president pro tenn held that under the va
rious precedents Senator holding an appointment
by Executive authority was entitled to continue in
Legislature or till the Legislature should adjourn;
upon the occurrence Of either his office ceased. The
presentation of the credentials an official an
nouncement to the Senate that election fill the
vacancy had been made The Senate had nothing
to do with the acceptance OF the office by the mem
Der chosen.
Mr. DAVIS, of Massachusetts, followed in sup.
port of the views expressed in his resolution.
Mr.. HALE considered that there no question
for the Senate to decide. 1t was treating Massa-
chusetts with want Of courtesy and respect to
Commonwealth had certified to the Senate that she
had filled the vacancy; and the Senate was now
called upon to declare that Massachusetts had not
done that, which her Governor and Secretary have
spectul to Mr.. Rantoul, for it supposed that he in
tended to do what man ever known to have
done, and that was to refuse a seat in the Senate
He understood the constitutional provision diff
ferent from others. He did not understand the
word "until" applying in any way to the term
for which the Senator appointed by the Governor
was to serve. He understood the adverb "untl
qualifying the verb "make," and that ii limited
the power OF the Governor to make temporary APP
pointments until the meeting Of the Legislature
when the power to make appointments devolvcd on
the Legislature.
MIR. RHETT repeated his views Of the meaning
of the constitutional provision.
Mr.. SEWARD agreed with the report of the Ju-
dietary Committee. He considered the prssenta-
ton Of the credentials settled the question the
vacancy having been filled.
MIR. WALKER differed from the Senator from
South Carolina (Mr. RHEsr) as to the meaning O
the provision Of the Constitution. He considered
that Senator appointed by the Governor to fill
vacancy continued to hold the office till the Legis
lature flied that vacancy.
Mr. BoRLAND sustained the ground that the
term of Senator appointed by the Governor ter.
minated when the Legislature met.
MIR. RHETT moved to amend the resolution
pending by striking out all after the world resolved
and inserting the following:
That Senator holding seat by appointment
from the executive Of State only fiji the came
until the next meeting Of the legislature thereof
at which time it devoves upon the Legislature q
the State TO fill the vacancy then existing.
Mr.. RUSK commended that there was no evidenc,
before the Senate that the vacancy had been filled
therefore the Blttng member was entitled to hole
the seat until the Senate satisfied by the ac
ceptance Of the person elected that the vacancy
was filled.
Mr.. DOWNS sustained the report of the Judcia
ry Committee, contendng that the Senate had re
ceived official information that the vacancy hat
been filled by the Legislature, and therefore tn
Office Of the sitting member had ceased.
The debate was continued, Mr.. BERRIEN con
tending that the Office of Senator, appointed BY
the Governor to fill vacancy, became vacant q
the meeting of the Legislature.
Messrs. BUTLER and WALKER replied.
Mr. HALE moved to lay the subject on the table
which motion was rejected-ycas 20, nays 26-a.
follows:
YEAS.--Messrs. Benton Bradbury, Butler. Chase
Davis of Mississippi, Dickinson, Douglas, Downs
Fetch, Gwin, Hale, Hamlin, Hunter Jones, King
Miller. Pearce, Phelps, Pratt, Sturgeon, Upham
and Wales--22.
NAYS.-Messrs Badger, Baldwin, Bell, Berrien
Borland, Clarke, Davis of Massachusetts, Dawson
Dodge of Wisconsin. Dodge of Iowa, Foote Greene
Mangum Mason, Morton, Norris, Rbett Rusk
Smith, Soul6, Spruance, Turnsy, Underwood