The daily union., 1852-12-09

4
yon prepared SIR TO say here that Kentucky shall not,
with all the forms and sanctions OF her constitution and
the law say into whose hands she will commit the repre-
seniation OF be interests in the Senate Will you bring
up your doubs andinepose those doubts 10 deny 10
Slate oil this Union the exercise oil this right II you do
how long before the poisoned chalice may be presented
TO your own lips How long before the Senate may in.
terpose between the departments of your State govern
nen and her senator's and say that you shall longer
hold seat upon ihls hoor, but that some man whose
views upon some party question comport with theirs
shall occupy your place consider il ~ dangerous
precedent as well as an innovation upon the established
usages OF the Senate from beginning end 10 say that
the doubts Of senators here shall operate 10 set aside the
concurrent action OF the whole State government both
departments. II they can do that, want to know
wha becomes OF the dignity, the sovereignty aud the in
dependence Of the States Of this Unon they are to be
ns uments and toys in the hands OF the Senate to
De used according 10 their caprice That is a ques.
tion in which all OF have deep nteresn which the
whole country is deeply interested.
repeal again, that It there were wellgroq doubis
here, those doubts for the present ought to the
benefit of the State of Kentucky; and IT, af,J slga.
non, IS found that she is entitled to be
by The man whom she has chosen, then il will be time
ucpaon IN The action of this department of the govern
ment But until them insist that it is the privilege OF Mr.
Dixon 10 DC admitted to his seat insist, them that il is
the duty OF The Senate to swear him him the
privileges conferred upon him by the constitution. am
authorized TO say that that honorable gentleman asks
nothing, would ask nothing, and could ask nothing,
incapable OF asking anything except what The law
ons and the authorizes OF his State require him to ask
He comes here under the mandate o Kentucky He
IL
can never be dlshonored in his hands For agree
10 postpone her claims for single day by his consent
Tor me TO agree that for hour the voice OF Kentucky
shall be still IN the Senate chamber-would be to dis
honor the Of his Stale That he cannot do thank
God, that he never will do He asks nothing but what
The Stale government for which he guarantees
hun. He asks no more He cannot, he dare not, he
will not he would not if he could, submit 10 less Then
sir, is in that view of it that protest against this
poslponement OF his rght under the commission grant
my him upon the floor OF the Senate II you de-
may bring on with all The evidence, TO a committee OF
this body and II shall be found that wrong has been
peTpeirated know the honorable gentleman will vacale
his seat with lnnite pleasure. stand prepared in that
case TO vote to vacale II, far my will go. In
The mean time we claim thai the State OF Kentucky shall
be represented upon this foor The pecedens, far
have been able 10 discover, stand out n bold relief
fhe question reveIls again whether Mr.. Clay had the
power 10 resign hat quesionis settled, iron the
OF Biedsoe down. BY nnnmerable precedens and are
nos acling upon 1t There are honorable gen emen
present holding their seals upon this very h, polhess,
and ihe Senale has never complained; senator has
objected. Then, if Mr. Clay's resignation is valid the
legislature OF Kentucky, having the primary power
cognised by the constitution had the right supply the
vacancy. being in ses sion aud having supplied IT, the
individual sent here by that legislature entitled be
received as the accredited senator from Kentucky These
are my points. submit them 10 the Senate profound
difference Tor Their consideration.
i Mr. MASON. IL IS no, al all, l apprebend, in the
contemplation o the Senate that the right OF the honora-
gentleman who has brought here testimonials from the
legislature OF Kentucky shall be decided upon without
reference apprehend that no senator proposes that
Ibe question al present upon the reference OF these
credentials 10 comnliee Now sir, the honorable
aio who has Just taken his assumes, rather has
attempted to prove, that ii that gentleman allowed
TO take his seat at under these testimonials, will
violate The whole usages of the Senate Sir, that senator
utterly mistaken. He will hnd 1t impossible to search
out precedent where one bringing credentials from the
saiure has taken his seat under them, but in case
oil an admitted vacancy and the reason then is obvious
TO The common OF every one, tnat whether he be
entitled or not he brings presumpve evidence that he is
ealted and II is rgh and Just that the representation
should be iull until his right shall be inquired nto if il
contested But that always the where there is
an admitted vacancy to be fllel
Now, SIR the honorable assumes that there is
vacancy. say, ooastIt-iti is not vacancy Hon.
orabe have argued and argued with great force
and the show al least OF high degree OF probability
lhat mere Is no vacancy IN the representation OF the
state of Kentucky al this moment. Why, the honorable
senator IRON Tennessee exulngy asks, Who doubt
that there is vacancy The roll has been called and
The gentleman who should fill that seat does not an
swef. He might have said with equal force that both
seats from Kentucky vacant, because TO our regret
ihe honorable gentleman who sits the way. from
that State Mr.. UsDERwooDl has not appeared and ia-
ken ms seat lie might have argued with equal force
tba both seats were vacant because no senator from
that Stale answered to The roll And because one OF the
senator's tom Florida Mr. MALLoRrl has not yet ar.
rived, might be argued with equal force that bis seat
y vacant And so, | am reminded, is the case with
Tennessee. submit 10 the honorable senator therefore,
mat The absence OF the incumbent is proof Of va
cancy.
Now, sir what are the facts in this case vacancy Ger.
anly did occur to all apprehension in the repre-
senalon OF the State OF Kentucky by The decease OF the
very distinguished gentleman whose death have so re-
Gently been called upon to lament Nobody doubts that
An honorable gentleman Mr. Meriwetherl brought here
commission, by which informed that vacan-
ey occurred during the Of the Kentucky leg
and therefore that gentleman bad been appointed by the
executive 10 I'LL that vacancy Nobody doubts that The
honorable gentleman who appeared upon that occasion
occupied his seat until the close of The last session. Thai
= perfectly clear That honorable gentleman far
am informed, never has resigned his seat He is alb
sent; bnt what does that purpor Nothing except that
he Is absent And the tact be, senators have con-
Tended under the constitution, that the commission
bn Dy TIE governor wall not expire until the next meet
Jug OF the legislature, he is the senator now, although
absent; and II Is IN the power of the Senate, ii they
ns poper to compel his presence II i perfectly
material whether he Is present in the Senate chamber or
not 80 lar as regards his right to represent State o
kentucky, aud the existence OF vacancy. | submit
thsallhough think that we ought not give opinion
az lhls Tine that we ought neither 10 give ehter
tam dtnne or hXed opinion until the question sha
Dc brought before the Senate the usual form OF report
from proper comaitisel submit this merely TO show
mai 4 not admitted that there vacancy | concede
uy olho honorable senator iron Tennessee, that where
mere ls an admitted vacancy. gentleman who brngs
mere Tue ordinary credentials from The governor OF an az
pOlnneni BY him during the Of the legislature or
OF his election oy the legislature II the vacancy
Whch occurred by the expiration OF the term, while
bey were IA bessiona gentleman wao brings here the
proper ey dence al he Is entlle 10 fill that vseancy will
ee admitted 10 the seat aud II there subsequent con-
esi, be wall hold II until the qn- ston decided But
the whole difference here turns upon the question whether
nere - vacancy. mean togive opinion at al upon
hat question. All mean 10 say il, that the case
present. 10 the senate, JutHa eie there yacanct
The representation OF the Slate OF Kentucky il now full
u that be The honorable gentleman who has brous III
credentials oi hs election BY the legislature OF keatuekS