The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-21
rfIxRTY.sECOs 80 OONGIsESS.
SECOND SESSION.
Senate.

Senate
WARRINGTON, Deo 20 1852.
RESIGNATION PRESIDENT SENATE.
The Secretary read letter from Mr. King, enclosing
lis resignation presiding tfHcer.
MIR. pyssAUsspax swoSN in AS A SENATOR FROM SOUTH
oAROlIEA.
Mt BUTLER, (dem Esaid his col cague, Mr.. Dssssus
ers present. On the Journals 1t appeared hat when
Mr. King appeared in the senate for the first time there
no presiding officer, On motion. Senator was eu.
thorized TO administer the Of office LIE nov moved
that Mr. DesssueSere Senator elect by the Legislature
Of South Carolina to I'LL this Vacancy caused By the resg
nation Of Rhett be qualified by Hen. John Davis o.
Massachusetts, Adopted eno Desssussiere In
by Mr. Davis.
Mr.. BRioHI (dem offered resolution electipg DIR.
Atchison PRESIDENT pro tenn. Of the ScDa'e Adopted
Mr. ArcH,soy took the Chair. and said Scnstors-Per
nit me to return to you my thanks for the houcr you
have thus sgsn conferred upon me and at ths same
time express my regret In common with every ohcr
member Of the senate ut the which has produ
the necessity the election of presiding ser At this
time. cannot expect-indeed IT would expe,
ration uptn psrthat shall be able this
body the oegree Of satisfaction presiding of,er
that my predecessor has rendered But q may
tad taste for say tha oledgc myself at least
uch pre- siding officer with i'm towards a
King for the courte.y and dignity sih he had dis
charged the DUTY OF th Char aod expressing sno regret
OF the senate at his illness Adopted.
iBR6HT offered resolution diiec ting Secretary
to ipfom the President OF the United states aud the
House Of Representatives Of the election Of Mr. Aohso
a. President Of the senate. Adopted.
Various petitions presented
WEBSTER EuLoGirs.
Mr.. GwIy (dem( OF Cal. offered resolution which
adopted ordering ten Thousand copies OF the ad
dresses made In Congress, on Websters DEATH to be
printed.
MIR. sHIiLDs, (Gem Of H., offered resolution which
adopted callrg for information to What has been
done and how the appropriation made 1a besn
towards the construction OF a lunstic asylum Ia the
District
the transaction Of other business spe
cal import tsnce the Senate tockup
TIE EEsTucKY ELECTION cAsEl-MR. DIXON DECLARED IN
TITLED TIE SEAT.
Mr DOUGLAS, (dem Of Ill., said ho wished that this
matter had been referred 10 a committee and that the
cebato had place after their report made But
the amendment pending declaring Or. Dixon the Sena
determine the whole question Mr. Clay resigned in De-
cember, 1851, TO taae place in September 1862 The
Legislature, in Docsnber 1861, elected Mr. Dixon to H
the vacancy which was to occur Before that re-
sigpatitn vent into effect Mir. Clay died and
vacancy occurred which was hIled by the Governor
There precedent for this The farthest
point to which prscedents could be strained was
that the Legislature may elect 70 fill the vacancy
which may and that such election
will be va Id provided the contingency happen. Preoe
dents OF elections by legislatures In advance OF the
ration Of constitutional terms precedens apply
ing TO Of vacancies which may in the
The first right proper and valid The latter may or
not be valid according TO the He did
them judgments BY the Senate II Mr.. Clay had not
died. aud his resignation had become matured act, then
Mr. Dixon election would have been valid but that
sgpstion never maturcd-no vacancy had occurred
in Of IL Before the dsy when might have
been sassn; IN n;s o. 5esna.,on vacancy &C.
seat terminated His resignation having into
effect. becsmc void at his death variety Of
neht have rendered that resignation void Death re
novsl from the country acceptarce Of oce either OF
these IL occurring before the tune when the regna
ton went INTO effect. would have avoided that 70
niou nd
not vacons when Mr. Dixon was elected for Mr.
Clay continued Senator six months after Mr. Dixon
elected No vacancy happened till June when, by the
death Of Mr. Clay the ssst became vscant. and the
Legislature not being In session IL the duty Of the
wss a cae where the Governor wa, authorized to ap
point. Hc did appoint. and the constitution fixed per-
smptory the term Of such sppontmen, BY the Govern
continuing TIL the next meeting OF the Legislature
No poser override shorten the term Of that ap
Jcintms mt because IL was fixed By the constitution
eept where the constitutional term expres before the
m.etipg Of the Legislature The constitution made II the
duty OF the Governor TO make temporary appointments
until the I neIs meeting o. she Lgia,n,o % ras sns
stntioD provided TOR vacancies being filed BY the Leg
aure after their occurrence and not before they hap
Mr. CAss (dem) } Of Mich. difcls,med any disrcspsct
10 the 0overDcr or Legislature OF Kentucky in the
they considered their duy There was no analogy be-
tween this and any case resting on disputed facts.
The facts hero were all admitted The Governor had
right TO determine or limit any appointment IL
the duty Of the Senate to decide when . member
ceased 10 b member The Senate, In all such
was necettary the final judges lie put out Of view
tirey tho clause in Mr. Merrwsthers credentials limit
ing bis appointment to the hrt Of september vacancy
happened and tho Governcr allied It. There his 20
ceased IL fer the Senate to decide how far and to
what time that appointment continued. He sincerely
wished be gould give the seat 70 Mr. Dixon lie wished
with all b8 heart he could do for ths Legislature OF
kentucky had declared their desire ths. he should have
II. lie thought Mr.. MerTiwsthers conduct Was most
delicate ard In leaving tbs whole subject to ths
eepate, and abstainpg from all participation 10 the
tIoverfy. When did a vacancy hsppen la Mr Claws
oa,rs Not until hts death rha' vacancy f'let by
the arpaa.mcat msrtwcther the LcsisiAturs not