New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-12-21
XXXIID CONGRESS. see. SECOND SESSION.

SENATE. 49,. WASHINGTON, Dec. 20, 1852
The Secretary read letter from MIR. KING,
inclosing his resignation rs Presiding Officer.
MIR BUTLER said his colleague MIR. DE Saus-
sure was present. On the journals It appeared that
when Mr. King appeared in the Senate for the fret time
there was no Presiding Officer On motion, Senator
was authorized administer the oath OF Office he now
moved that such oath of Office he administered to Mr.
De Saussure Senator elect by the Legislature OF south
Carolina to ill thevacancy caused by the resignation Of
Mr.. Rhett b, Hon. John Davis, OF Mas Adop'ed' ana
Mr. De S.n ssure sworn IN by Mr.: Davis .
Mr.. BRIGHr offered resolution electlng Mr.
ATcHsoN President pro tempore OF the senate Adopted
Mr. ATcHIsoN took the chair, and said: Sen
ators permit me to return you my thanks for the
honor you have thus again conferred upon me-
and at the same time TO express NY regret
in common with every other mem per VI
the Senate AZ the which has produced the necss
sity for the election OF presiding oficer al nis ne
cannot expect indeed it would be VAN expectation
upon nv part that shall be able 20 render TO TINS ooiy
the same degree of satisfaction presiding oicer that
my predecessor has rendered But il may not be IN bad
taste for to say that pledge myself al ieasi SUCH
presiding officer to act with imparhaty toward all
Mr. DAVIS offered resolution returning
thanks 10 MIR King for the courtesy and dignity WIN
which he had discharged the duty of the Chair and ex
pressing the regret the Senate at his Illness Adopted
MIR. BRIeHr offered a resolution, directing
the Secretary 10 inform the President OF the unhed
States and the House of Representatives OF the eecnon
of Mr. Atchison President of the senate. Adopted
Various petitions were presented.
MIR. GwIS offered a resolution, which was
sde pted ordering 10000 copies OF the addresses made
in Congress on Webster's death, to be printed
Mr.. SHIELDS offered a resolution, which was
adopted calling fer information rs To what has oeeh
done ana how the appropriation made has oesn ex'
pended toward the construction oil Lunstc Asylum III
the District r,.:
After other business, the Kentucky Election
case was taken up.
Mr.. DOUGLAS said he wished that this matter
"A apie
had taken place after their report was made but inc
amendment pending declaring Dixon the senator
hroust No the merts and on the vote would deter
mine the whole question M Gay resgneu "
her 1851 to take place in September. 1904 Inc Less
lo,nye in December 1884, elected Dixon TO MI the va
rsncv which was to Beiorethsf resisnAaoa wen
into effect Mr. Clay died. and vacancy occafreu wac
was filled by the Governor. There was no preceaent
for this case The furthest point 10 winch precSden's
csud be strained that the Legislature may ese, "
h the vacancy which may thereafter 9eeur anu u,sr
sncb an election will be valid provided the
h,ppen Presidents of elections by Leeisiaiures ~
advance Of the expiI alton OF constitutions tefnle a
net precs dents Supplying to cases Oh Vse,es - Ia
msy occur IN the recess Inc nis' 81 ~ scco,iins
valid The later may or may not Dc Vana, n ~
~ he circumstances. He did not agree VIE al '.o
p~ecedens but would ac9uiesce IN theri - Iagn'es
by the Senate Ii Mr.. Clay had no, die, ana y,
,icn had become rnx,ured act, then Dixons eiecuon
,vcld have been valid. But that resignsfon never
nsnred; no vacancy had occurred IN consequence "
h Before the day when Il might have oeen vssA -
consequence OF fcssns.4o't - -, En- ..., Tar.
death and all Mr.. Ciays connection win .ne 49,,
s,.a HIS resignation, never having gone INTO eleSt
Sscsme void q, his death variety Of causes nnsn,
S1s TsndSred that resignation void. Death. removal
m the country acceptance Of Sss q. q
;n,o eset. would have avoided that resisna.
, wsn' and made the sea, vacant ns.n The ' s
wa. not when Dixon wa. elect sIs's 5x 1O5
Gay een' NJ ~.s,rrv happened I'll June, when by the
NJ Cav The seat became vacant and The Leg
Si.sn not beng vs.. the S9y q sa' xs ss
ernor TO I'll oy va. snihorred TO sppoin;; he
ec,e wheie 'ne re fixed percznpsoriy the
did sFs. .usS BY Governor as
IN. iii the next meeting the ss, sDss.
can override sborsn the term .. n- .~et where
Ms term expires before she esns o. the
Icpsature The Constitution made ,ns us Sus The
cosrrpor to make temporary sppo'n.nssr H. ~ ,hs
4 .sx, meeting II the Legisssurc "e 'He IVY