The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-21
CeIIRTY.sECOsO DON AIsESS.
SECOND SESSION.
Sc nate,


WASHINGTON, Dec. 20 1862.
A PRESIDENT OF THE SENATE.
The Secretary read letter from Mr.. King enclosing
bis resignation az presiding tfhcer.
Mr.. DxssAUssIpaE swokr SENATOR SOUTH
oARoILrA.
Mt, BuTLgR, (dem ksaid his col cague, Mr. Dsssaus
sre present On the Journals appeared hat
Mr. King appeared in the senate for the first time there
presiding officer. On molten. Senator was eu.
tborized to administer the oath Of Office lie moved
that Mr. Dessussere senstor elect by the Legislature
Of South Carolina to I'LL s vecsncy by the resg
nation Of Rhett be qualified by Hon. John Davis, o.
Massachusetts, Adopted ano Dessussero was IN
by Mr. Davis
ELECTION ATcursoS PRESIDENT the SENATE.
Mr. BRIGHT, (dem) offered resolution electIDg ar.
A,chison President prc TEN. Of the scDa's Adopted
Mr. ArcHsoS took the Chair and said: senstors--Per
nit to return to you my thanks for the hoaor you
have thus sgain conferred upon me and at the same
time express my regret In common with every o.her
member of the senate at the which has proau
the necessity for the election of presiding Off this
time. cannot expect-in0eed IT would vaip expeo
ration uptn my partths shall be abIe nis
body the agree Of satisfaction presiding
thai my predecessor has rendered But 1t may be
had taste for 10 say thai oledge myself at least
iuch presiding officer TO act with i'm 0artsy towards all
Mr DAVIS offered q resolution, ruing thanks Me
King for the courtesy and dignity With he had dis
charged the DUTY OF thr Char aod sno regret
of the Senate at his illness Adopted.
Nj tBRGHT offered resolution dIec ting the Secretary
to Dfoim the President OF the United states aud the
House Of Representative Of the election OF Mr. Achson
President Of the Senate. Adopted.
Various petitions were presented
WEBSTER EuLoGIrs.
Mr.. GwIy (dem) OF Cal. offered u resolution which
adopted ordering ten Thousand copies OF the sd.
dresses made In Congress on Websters death, to be
printed.
DISTRICT COLUMBIA.
MIR. sAI,LDs, (oem Of H., offered resolution which
adopted calling for information to what has been
done and no the appropriation made expended
towards the construction Of lunstic asylum In the
District
After The transaction Of some other business of no spe.
cial mpor lance the Senate took up
TIE TEaTuCKY ELECTION cAsE}-MR. DIXON DECLARED
Mr. DOUGLAS, (dem Of Ill., said no wished that this
matter had been referred TO committee and that tue
the amendment pending declaring Mr Dixon the Sens.
tor brought up the merits, and 1t the vote would
determine the whole question Mr. Clay resigned in De-
cember, 1851, TO taae place in September 1852 The
Legislature, in December 1851, elected M Dixon to I'LL
the vacancy which was to occur. sef,re that re-
sigDatitn vent into effect, MIR. Clay died and
vacancy occurred which was hlled by the Governor.
There waa no precedent for this case. The farthest
point to which prscedents could be strained Was,
That the Legislature may elect to fill the vacancy
which may thereafter and that such election
will be va i'd provided the coptoeenc, happen. Preoe-
dents Of elections by legislatures advance OF the
ration Of constitutional terms not presidents apply
ing of vacancies which may in the
moy be valid according the He did
not sgee with all the pecedents but would acquIes,e IN
n ~ ss a uy naa s nos
Nr Dixons election woud have been valid but that re-
signStion was matuIedno Vacancy had occurred
In consequence of Before the day when might have
been vacant In conscquen OF resignation vacancy
cured by ath and s Mr. Cays ectlon with the
seat terminated His resignation having gone into
effect became void Mt his death. variety Of causes
might have rendered that resignation void Death, re-
noysi from the country acceptance Of office either OF
these IL occurring before the tune when the resignA
ton vent into effect. would have avoided that 70
sienatiop. and made the seat vassnt instsnter The
~. va,~~ salaa "a
Clay continued Senator SIX months after Mr. Dixon wai
elected No vacancy happened till June, when BY the
Legislature not being in session Il vas the duty Of the
Governor to fill 1t by temporary appointment. This
was case where the Governor was authorized to ap
point. He did appoint. and the constitution fixed per-
emptory the term Of such appointment by the Govern
continuing TIL the next meeting Of the Legislature
No poser override shorten the term Of that ap
Iontn, mt because II fixed By the constitution
cept where the constitutional term expires before the
meeting q the Legislature The constitution made the
until the next meeting Of the Legislature. wa ths
duty Of the Legislature to Ali such vacancy The con
ttutiop provided for vacancies being filed by the Log
ature after their occurrence and not before they hap
pcned.
10 the Governor or Legislature OF Kentucky in the
he intended to pursue flo believed they did what
they considered their duy There analogy be-
The facts hero all admitted Tho Governor had
right to determine or limit eny appointment IL
ceased to BE- a member The Senate in all such cases
necestary the final judges lie put out OF vtsw
trely tho clause In MIR Merriwethers credentials limit
ing bis appointment the first Of september vacancy
happened and tho Governor lled II. There his pc
for the Senate to decide how far and
what time that appointment continued. He sincerely
vhed be gould give the seat TO Mr.. Dixon. lie wished
with all bid heart he could do So for thu Legislature OF
Kentucky had declared their desire that he should have
IT, lie thought Mr. MerTiwsther's conduct most
delicate and In leaving tbs whole subject to this
sepate ana abstapipg from all participation in the
tIoyersy. when did q vacancy hsppen Ia Mr. Claws
oHlcs Not until his Death rha. vacancy n,ef hy
the srpaa.ncat msiwcther, the Lesisissurs not