The daily union., 1852-12-08

q ValaHCy ItsIgHalIU
effect at future day and The acceptance OF that esena
lion by the egsalurel Ii that be done, then The
resignation OF Mr. Clay did avacancy 10 take efec
upon the first OF September, for il accepted by the
legislature Ii was made while the legislature of Ken
lucky in session. and that body al proceeded ic
hll the vacancy by The election OF the gentleman no.
claiming the seat Afterwards the amenled event OF The
death Of Mr. Clay occurred, and the precise question pre-
sened by that this What Uacancy then
occurredi Was " vacancy which extended only q
the hrst Monday OF September, when the fractional term
of Mr.. Clay's successor commence' II So then
this appointment oi the governor OF Kentucky filled only
that intermediate time Did IL on the contrary, extend
until the next meeting OF the Ieglsature' Then the
OF the preceding Legislature filling by anticipation the
cancy created by resignation, void ACT and created
no right upon which any person can claim seat upon
4, to me that is precisely the question and
repeat that If Mr. Clay, by accepted could
lie be' sss EssaSfX Si HI f
constituted depository OF the power to fill that vacancy
had The right TO ill IL and having exercised that rig h
there renamed but the vacancy between the death OF
| Mr.. Clay and the commencement OF that unexpired
term thus fixed by the resignation. II is worm re-
mark that this view OF the facts and their consii
lu.ional consequences will allow full effect TO the
whole intention both OF the legislature and the ex-
ecutve OF Kentucky. The appointments of each will
have precisely the operation which each intended
My impression is that this is the true view. am not
however quite prepared to act npon that impression
present desire to have this question referred to com
mttee, and carefully considered by them, from lis
Importance it deserves be, and that final action be de-
ierred until The report comes IN. T#
Mr. SEWARD. Mr. President we are here TO re.
constitute the Senate of the United States Every State
OF this Union is entitled TO two senators upon this floor
and to and to no less BY the constitution OF the
United States the Legislature OF the States the
thorities with whom the power and the responsibility
permanently rest OF appointing senators TO this body
There is only an occasional power conferred upon any
other authoy-iha is, the power which is conferred
upon the governor ill vacancy which has no, been,
and which from The nature Of The case cannot be- i'm.
mediaely filled by the legislatures in order to prevent
nterregnum in the representation Of the Stale in the SEN
ate Now, coming here as we do TO re-consitu,e the
Senate, will assume, for arguments sake, that all the
States appear with full representation except the State Of
Kentucky. This Senate adjourned on the 3st day OF
August practically upon the 1st day of September,
last The State of Kentucky was then here
by two persons senators upon this floor She is here
to-day with only one. the Hon. Mr.. UNDERWOOD An.
other person presents himself IRON that State,
and asks to be sworn in--the Hon. Mr.. Dlxon-whose
case is under consideration. Now, why shall he
not be receveds He cannot be received until he has
shown his title and taken the oath of Office He has
produced his title. What isi, 1t is a title conferred
upon him by the legislature of his State authority
that competent 10 appoint him to represent that State
here II Is TO I'LL vacancy Now, IS there vacancy
here Yes, there is the late lamented senator from
kentucky-Mr. Cay-ls dead, and these credentials
THY distinctly that Mr. Dixon comes here having been
appointed by the legislature oil his Stale 10 fill MIR Clay
place. The vacancy is apparent, sudent. manifest the
appointment Is direct and by the highest authority Why,
then, shall he not be receIved The is prina fatie
complete and in receiving senator's is the CUSTOM and
and has been tie custom, OF the Senate OF the United
States, from the foundation OF the government, 10
ceve senator the person who appears prima Jels
authorized 10 fill vacancy known and admitted 10
exist. be hayng commission given him bv t@ laeiia-
lure OF the State among whose and represent
atives the vacancy las arisen
1t will be seen that do not touch the question whether
he shall be permitted TO retain his seat against all who
may challenge his right 10 il hereafter but conne my
sell TO the supple question whether he shall be received
and penitted 10 take his place upon this floor
now.
Now, why shall he no, be receivsdl | hear no OBJ.
jectios raised except thus, namely Some else may
lfnp he .nAh apI rl4 hta WALL
cir, what is there either or strange in all that
When the honorable senator from Georgia me Mr..
DAwsosl came here and claimed his seat, be ad-
med and yet somebody else might possibly have come
afterwards and filed another clam for that seat.
| When came here and took my seat, who knew but
somebody else might come some Iioe Afterwards and
show that my credentials false, forged insult
hcien and that his the better title 10 the seat and
therefore he could raise better claim Yet the Senate
acted upon no such principle How then is this case 10
be separated and distinguished from the ordinary OF
coming here and challenging their here
4 Why, told that there was senator here at the
close Of the ast session occupying the seat which this
honorable gentleman comes here now TO claim True
there was senator here on The hrst o September last
when adjourned occupying that seat But he not here
now. There contestant-thee s no disputant here
claiming that But u is raid that the same honof-
able gentleman may come back again. Well sir, II that
should be the case, viii then look al his Credentials
AMI nuw siT il is going great way out OF the Gus.
lonary track look the records oi the Senate The
credentials filed here al lormer sessions, TO see whether
there may not be iathem some foundation fofa claim to
dispute Tue title ot some person VINO 10 unchaicnged
here. Bot we will look al the credentials there hed al
though one claims anything by them. How do they
read They say that Mr. Metiwe,her 10 whom those
credentials were given shall occopy that seat and hold IL
until the first day OF the September then following, and
now already past and no longef They say that he is a
senator Of the State OF Kentucky un that time, and
longer There them two laetsthe first that he does
not come here 10 claim the seat the other that hls title
does not purpou 10 extend him senator any later
do than the first o September last, and there leaves the
place unguesoned and unehalenged 10 the present day,
heneelorh and forever II to me, therefore, thai
ths is bat ordinary of senator's presenting their
credentials here, and claiming 10 be appoint Ell 10 occupy
seats and oil vacancies that may have occurred
But the question is raised whether, inasmuoh Mr.
Clay. whose seat is vacated died short period
prior to the time fixed for his resignation 10 take effect
there be two vacancies in lhe same term, arising
from the resignation aod then the death OF the incumbent
whether il is not possible that when the governor pro-
yspnaY filed that vacancy caused by the death OF the
former incumbent the appointment did not 10 TACT really
continue down 10 the next meeting OF the legislature and
their action uPon the subject Now, have only this to
say upon this subject in anticipation o the gfea question
when il shall up hereafter for dscssson. II IL
unnecessary 10 discuss now. But have two three
propositions which throw out as worthy OF corsdeTa
lion In the first place, then, il is too late IN the day
say that the legislature Of Stale eanno. hiia place in the
Senate al the United Salesa vacancy that is TO
tro for all the States 10 appoint in advance OF the
occurrence OF the vacancies 10 The places 10 be filed
You Mr. President, appointed before The place
vacant that you were appointed TO hll Such the
case with mysef and such sappose was the case with
every ejhsI senator upon this floor. That is one
point In he second place IL late in the day 10
say that senator OF the United Salea oaano, resign his
seat here, and 70 FIX day fuuro foe his resignation
10 take elect, and then keep his place here II his life
slared until that day That ls done every day, not only