The daily union., 1852-12-07

ture the objection may not only be well KEN but ought
10 be taken by the Senate themselves and il ought 10 be
decided before The party presenting his credentials takes
his seat.
Mr. TOUCEY. Mr. President, il is not my intention
to be drawn into the expression OF any opinion upon the
various questions that now presented necessarily be-
fore the Senate. regret extremely that the members OF
this body, without debate, without investigation should
express an opinion upon any grave constitutional ques
ton. For one shall not consent TO do so. Now, sir,
understand The position OF the parties OF the two
ators who may claim seat in this body there is present
ed in the first place the question alluded 10 by the honor
able senator from Pennsylvania, MIR. COOPER whether
is competent for the governor of State when he max
an appointment 10 ill vacancy to limit the constitution
al effect OF that appointment he has very frankly ad-
med that In his opinion there is no such power will
not express any opinion upon that point although con
less that my impression s that where under the const
tuition OF the United States. power given any public
agent 10 do a constitutional act having done that act,
the constitution must prescribe the effect OF that ACT It's
entire power and effect and that the vonon OF the agent
can have no influence upon that result
Now, al the last session OF this body we admitted 10 a
seat here The from Kentucky who has been al
luded 10, Mr.. MerweheT,l upon the appointment OF
the governor OF that State He appointed upon the
death OF the lamened Mr. Clay fill the vacancy arising
IRON his decease and he was sworn In here And in the
view OF the honorable senator from Pennsylvania, he is
senator TO the full effect OF the constitutional appointment
then made Well, sir there sanothe question; and that
ls, whether there can be two vacancies in office occ
pred by one man. and he goes out OF Office Can there be
vacancy by death, and then vacancy months after
wards by resignation If there be but vacancy,
and that vacancy by the death OF Mr. Clay,
then II would 10 follow that that vacancy filled
H. on the other hand, there be vacancies the first
occurring by death. and then months afterwards
other occurring by Iesgnation after the incumbent has
long been in his grave then that vacancy could be filled
by the Legislature. #E
must admit that the subject presents very grave ques
tons to my mind. especially after the confident opinions
which have been expressed by several senators-very
grave questions, and questions which ought deliberately
be considered by committee OF the Senate; whether by
select committee or by the Judiciary Committee is not
material to only desire, a member of this body
that The question may be deliberately considered by
committee and reported upon. In the time, do
see how, without deciding the question In advance
can admit the new member who presents himself here
to-day TO seat in this body because view OF the
question, The member who took his seat The last
sion not having resigned, and s,l living there is no
cancy, and when the legislature assembled. In
that view OF the question, this gentleman cannot be ad
United without having senators here occupying
the same place. equally entitled to vote and 10 ACT.
therefore must say that do see any possible
to be taken by which the Senate can reserve its opinion
deliberately TO be formed so to constitute precedent
that may be observed hereafter except by referring the
question committee There no necessity for chang
ing the state of the parties in this body 1t cannot ma
eriay affect the relative situation of the parties, what
may be the result and have regretted that there
should be aluson upon question Of this kind,
ncdentalyin debate. to party questions when the SEN
ate are to Sit constitutional judges upon a consiitu
tonal question hope therefore, sir that the PROPOSE
ton OF the honorable senator from California Mr..
GwIS will prevail and that the subject will be referred
TO proper committee Of this body
fro BE coNTINuED1