The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-08
THIRTY-SECOND CONGRESS.
SECOND SESSION.


BUSINESS.
The Senate commenced at half past twelve o'clock
Messrs Badger, Butler, Charlton, Pearce and Hunter
appeared odsy.
The Guam laid before the Senate commune alton
from the Navy Department, calling for plan Of CLASH
fcation CT clerks, which lad on the table and
message was received from the House, with
taken up and Cured in by the Senate
Proposed PROMOTION OF CEN. SCOTT.
Mr. CLEMENS, (dem OF Ala, give notice that to-mor
he weuld ask leave to introduce resolution
fer the rank Of brevet OF Lieutenant General upon Major
General Winfield Scott
BANKING IN rIE DISTRICT OF COLUMBIA
Mr.. ADAMS. on leave introduced bill 70 prevent
authorized banking IN the District Of Columbia.
On motion Of Mr. BADGER, the Senate proceeded to the
@. NJ Butler received q, and declared Chaplain.
THE cog1poyfhsY RELATIVE THE LATE
HENRY CLAY.
Tie question coming up relative 30 Mr. Dixon's claim
too seet as a eenator from Kentucky,
Mr.. JoIfs (whgl Of Tenn said that if there were no
vacancy 1t would OF BIO admitted that Mr. Dixon
had right TO the seat If the roll Of Senator's be called
but one response will be heard from Kentucky there is
cancy exists il evident No claims to fill that seat
vacancy and why then should Mr. Dixon who presents
Is 1t just to exclude him becau.e individual may
hereafter APPEAR 20 claim the seat If there be
carey, who represents Kentucky? No appears
There being then .ydeptiya vacancy it should be filled
and who but Mr. Dixon has any claim to fill II lie read
ftm the debate on Mr. MeIwethers admission to show
that then Nr Gwn took the ground that Mr.. MerTeth
was only entitled to occupy the seat till September
He then conter that the credentials had always been
held By the Senate 7r aca evidence emitting the
party presenting them be swofni in. It denied
that Mr. Dixon was duly elected that his credentials
weIe rot in due form ct law. Why then deny him what
dcntials and imagine that some else may eet up
claim to The seat Why not bis (r Joncssl crcden
als referred 70 committee! They bore upon their face
no higher testimony Of election, than 1r. Dixons
Tie certificate Of election had always been
dered be hghest evidence oftight II may not be
elusive bat las always been considered sufficient to ALLOW
the mt mbor bearing 1t to be sworn in In Mesrs Nal
orys and Shields they in although the
former was coptested and the latter vacated In the
of Mesfrs. Potter and Robbins both bore creden
els q having bt elected by the Legatute Mr.. Rob
bins was admitted to bis seat and sworn and the case
afterwards Investigated In that the dcciiop of
the Senate conclusive that the State entitled
be Iepreaented pending the investigation of the ease
conceded to oil Others. IF he BE- sworn the que ions Of
right not prju5ged against any one but il you riuss
prejudged sganst keutucky-prejucged against the
broad real cf the sovereign State Admitting him does
net ccmmt the Senate upon the final decision Of the
case. lie contsnded that Senator had the right to
resign in Jfui,go. Mafsrs Clay, Buchanan, footc,
ard BerIien, at different times resigned in IL,
t,10, in order that the Legislature nigh. ful
the vacanc6s in time to keep the representation of the
State full In 1915 Mr.. Bledsoo, Senator from Ken
tucky sent his resignation to Kentucky to go into ef
feet The 18th Of December 1916 lie continued in the
Senate until that day, and having been appointed
to fill the vacancy the question whether he could
cded that bis resignation good and his scat vacant
Mr. tlsy's resignation according to precedent was ALTO
valid ana being such the legislature had the power to
fill the vacancy to occur before their next meeting lie
cited tha where Nj. Berren resigned to take eec
in future The Governor filed the vacancy by the ap
pointmeEt Of Nr. Charlton. Does Mr. Charifon's ap-
poiDtment hold good till the next meeting Of the Begsa
ture! According to the doctrine tho other side 1t
would hut the Legislature at it's last session. anticipating
the expiration Of r Berriens elected Mr. Toombs
ss Senator, from the 4th of March next Now, after
March next will Mr. Toombs or Mr. Charlton be the
EQf af0 Mr. nj
much farther earnestly appealing to the Senate TO allow
Kentucky to he fully represented
Nr MAsoS. (dem of Va, eaid no precedent could be
foupi whore any allowed to be except in
Of admitted vacancy. 1t not admitted in this
here yet hut il could not be taken from that circum
stance that their places in the Senate have become
cant Mr.. Meriwether is not here he s absent and
thing more be made OF his not answering the roll He
has not resigned lie not prepared to give opinion
the case as to whether vacancy exists or mott but
pyima fae the reprssatatlon of Kentucky is full lie
hoped tho reference would be made. q
Mr. dwIN, ldem) Of Cal said that when Mr. Meri-
wethers cIedt ntas were presented he Objected to them
because of the limitation contained In them He regard
ed MIR. Meriweher's appointment good to the next
meeting Of the legislature or as good for nothing
The senate having admitted him. he was OF OPT.
nion that the appointment extended to the next
meeting of the Legislature. There vacancy
existing when Mf Dixon was elected and consequently
Dir hefiwether appointed, and the appointment BY
the Governor being good onst cd to ts full extent
Mr.. sswAnp, QroesoiD Of N Y said he did not under
stand what was meant by an admitted vacancy Who
was 20 admit Who was to deny that vacancy exists
No stood for ward here to make that denial, and
when there denial the world admits.
Nr. BsADBuRY, (dcm) of Me-. followed. maintaining
that there was no vacancy for the Legislature to I'LL az
the time Mr.. Dixon elected.
Mr.. BurLrn, (dem) Of g. G. thought that the Senate
ought to refer this matter without debate discuss 1t
now and decide II without reference The question ep
peared to him tobc to what consttuted vacancy and
whether the Legislature had the power m the
which did not occur till later period lie regarded Mr.
Gays resignation az an executed deed from the tune ~
was signed and therefore irrevocabe. He thought Mr.
Dixon ought not to be TIL the decided
Mr DAWSON (whig, of Ga D earnestly appealed thss
the Senate might extend to nr Dixon and bis State ts
couItety OF being admitted to q seat which had never
yet boz denied. He referred to the case where Mr.
Beritp resigned TO take effect in June 1859. Tho leg
linn nter the 9TH OF March 1853 In the meantime. on
Inc 18th OF May, the Governsr appointed Mr. Charlton
10 fill the vacancy caused by Mr. Berriens resignsor
the 10 The let OF juno and " t@rm'
nate not al the next meeting Of the iegsus but
II Ln -