The daily union., 1852-12-07


From New York-MessIs. Seward and Fish
From New Jersey--Mr. Miller
From Delaware-MessIs Spruance ana bayafa.
Ffom Mafyiand-Mr Pfa.
From Virginia--Mr. Mason.
From North Carolina-Mr Mangum.
From Georgia-Mr. Dawson.
From Alabama--M Messrs Clemens and King,
From Mississippi--Messrs. Adams and Brooke
From Louisiana-Mr. Downs.
From Texas--Mr Rusk.
From Arkansas-Mr. Borlana
From California -Messrs Gwin and Weller.
From Flonda-Mr. Morton.
From lndiana--Mr Bright.
From Illinois Messrs. Douglas and Shields.
From lowa--Mr. Dodge.
From Tehnessee--Mr Jones.
From Michgan-Messrs Felch and Cass
From Missouri-Messrs. Atchson and Geyer.
From Onio--MessTs. Chase and Wade.
From Penns, lvania--N Nessrs Cooper and BIodhead.
From WiscoDsin-Mr. Dodge.
Prayer was offered by Rev. Mr. Butler.
Mr. BRIGHT presented the credentials of the Hon.
CHARLES W. CATHcARr, appointed senator by the gov
OF the State OF Indiana 70 supply the vacancy oc-
casioned by the decease OF the Hon JAMES WHTcoMB,
serve until the next meeting OF the Legislature, or until
his successor shall be qualified
The credentials read; and the oath prescribed ny
the constitution having been administered 10 Mr. CATH
CART he took his seat IN the Senate.
Mr. JONES, OF Tennessee, presented the credentials
OF the Hon. ARCHIBALD DIXON elected by the Legislature
of Kentucky 10 nil the vacancy occasioned by the resig
nation of the Hon. HENRY CLAY, and 10 until the
end of the term for which Mr. CLAY elected. The
credentials were read.
Mr.. GWlN. do not think, Mr. President that there
vacancy in the Senate from the State OF Kentucky.
wish this question 10 be brought up now. There were
two senators here at the close OF the last session from
The State of Kenlucky and know OF law, and of
provision OF the constitutions that has created vacancy
in the occupied by OF the senators from Kentucky
since The last session | therefore raise The question
whether there is vacancy and until that question Is
settled, j, think the gentleman presenting his credentials
should mol be permitted TO take his seat
Mr. JONES, OF Tennessee l do not know that | un.
derstand what question the honorable from Cali
forna makes. He says he raises question Does he de-
reference of the matter does he propose that the
gentleman presenting the credentials shall not be sworn
IN hope the senator will make his motion.
MIR. GWIN. | object 10 the gentleman's being sworn
in say there is no vacancy from the State OF Kentucky
to be filled and that therefore be cannot be in
til il is shown that there is q vacancy.
Mr. JONES, OF Tennessee. The senator from Cali
forna objects 10 allowing the gentleman who has pre-
sened his credentials TO take his seat would inquire,
Mr. President il there any gentleman upon this floor.
claiming to be from The State of Kentucky, TO
fill the vacancy occasoned by the death resignation OF
MIR. Clay If there any such contestant here, desire
10 know it, If there is no contestant, the question
raised by the honorable senator from California
me, be made there was any contestant then
there might be some propnety IN his motions but am
that there any gentleman claiming this seat
except the gentleman named In these credentials. do
understand that the gentleman who was hare at the
last session by the appointment OF the governor OF Ken
lucky, is here claiming the seat on the contrary,
understand that be dIscams any contest in the matter
He not here asking The seat he does not appear in the
Senate claiming the seat he does demand to be heard
contestant and, in the absence OF any contestant
10 be according to every precedent that has
ever been established by the Senate far have been
able TO ascertain, with but solitary exception In the
whole record Of the Senate proceedings Dd but sim
GLE solitary where gentleman presenting his crden
las and contest being made, denied his seal for
the time being. But find many cases where the
denals presented and gentlemen permitted 10
take their seats and afterwards those credentials were
referred TO a committee 10 be reported upon. In some
instances the incumbent ousied and in others he
ained his seat But there solitary exception
the name cannot now recall 10 mind-ihere one ex-
cepiion, when not stated upon what ground he
was refused TO be admitted 10 his seat The account
simply states that the credentials referred TO
miitee and the report was made before The oath OF ONCE
administered this particular That, sir the
only of that kind that appears record among the
proceedings of the Senate But there very masy
other which might mention, and which will take
occasion mention ii this pressed, showing that
gentleman is entitled TO his seat where there
estantshowing that the commission is prp,a Jaeie ev-
dence that he shall lake the seat and afterwards II there
any question raised. that question can be decided
Now, | admit, sir, if there . gentleman here
claiming the seat-f there any to contest the
title OF Mr. Dxon-then the question might properly
up and reference TO a committee might be proper
But repeat again, am authorized to say the gentleman
who occapied the seat at The last session is not
here to contest IT, II he intends 10 contest 1t, why is he
not here present. why does he authorize gen.
teman say that he contests 1t make that question
now; and II this case is pressed will go and give
my arguments and present more fully TO the attention
OF this body. But now make this question, and ask
the Senate 10 consider itif they will refuse Mr Dixon
his seat when there is no other person claiming the seat
III there rs anything unconstitutional illegal IN The
matter, how are TO come al 1t Why, sir, we must
at il either by memorial, by petition, or by contest
No man is memoralizng-no man is pedonng for the
seano man is coniestng II But II you refuse TO per-
mil him to take his seat, it will be dsirancbsng Of
the States of this Unon and you set aside the broad seal
OF OF the sovereign States without presenting the
grounds upon which you do IT, II any other man is
titled the seat name the man; present his claim, |
and | will consider IT mparliay. ! suppose am
able 10 do that and he is entitled 10 the seat in pref
eIeace 10 Mr. Dixon, will vote it 10 him But so long
there is nobody else asking for the seat. think all
will admit that the State OF Kentucky is entitled to two
the floor now; and il the claims OF this gentleman are
rejected, ar know, there will be but one, be-
cause there else asking for the place. II the
question pressed shall be prepared 10 give divers in
stances where the commission has been regarded as
prma oe evidence in like this. where there is
contestant
Mr.. GWlN. The honorable senator from Tennessee
takes very strange ground upon this question He talks
about vacancy. But, sir, say there is no vacancy.
There vacancy but that vacancy occasoned by the
death Of Mr.. Clay, is now filed AT the time when the |
credentials presented OF the gentleman who occupied
the seat a the last session, objected TO them, because
there a limitation in them which the governor had
no right to place there. say that Mr. Meriwether have
ing taken his under the appointment OF the governor
the senator, This is a question: will ac-
such has never occurrei In the history OF
this Senate heretofore AT the time, Mr. President,
insist that there is vacancy from the State OF Ker-
lucky and trust the matter will be referred to the judi
ciary Committee for their decision willing that The
question should lie upon the table until have Ju-
dietary Committee formed and then let be referred TO
that committee.
MIR. COOPER Mr.. President. il seems TO me that !
the honorable senator from California Mr. Gwfsl