The daily union., 1852-12-08

On motion BY Mr.. BADGER, it was
Resolved. That the Senate in the resolution
The Senate proceeded to the election OF a chaplain on
their part; and the baotng having been concluded the
result was announced as follows:
Whole number of ballots, 40 necessary 10 choice 81
Rev. g M Butler had 81
/" w. M Daley
Mr.. Tucker, of Georgia
I Teasdae
g Mr.. Gallagher
The Rev. c. M. Butler thereupon declared duly
elected
MEMORIALS, PETITIONS, ETC.
Mr. CLEMENS presented the petition of Ann Down
ing praying compensation for services in attending the
sick OF company in the army OF the United States during
the late war with Mexico which was ordered TO lie on
the table.
Mr. c. also asked that Whemarsh B. Seabrook, Jo-
petition and papers, order that they might be presented
IN the House OF Representatives, which agreed
NOTICE
Mr. CLEMENS gave notice that he should TO morrow
or on some early day thereafter ask leave introduce
Joint resolution conerring the rank of brevet Lieutenant
general on Major General Winfield Scott
BILL INTRODUCED
Mr.. ADAMS asked and obtained the unanimous con.
sent OF The Senate 10 introduce bill (S 552) 10 prevent
unauthorized banking in the District OF Columbia which
was read, and passed TO second reading
SENATOR FROM rrsrucxv
On motion by Mr. GWIN, the Senate then proceeded
70 CONSIDER lhe following resolution, which was submit
ted BY him yesterday:
Rsoired That the credentials OF Archibald Dixon ESQ.,
be referred 10 select committee OF five, who shall co
sder and report thereon.
The question pending was the motion by Mr. Man.
CUM 10 amend the resolution by adding the following
"And thar the said Archibald DIXON ne nov ousl,fsd
and permitted 70 take has Senate nd 10 keep
the same pending the action Of said committee"
Mr., JONES, of Tennessee, The question before the
Senate, Mr.. President, is whether the Hon Archibald
Dixon senator elect from the State OF Kentucky, shall be
permitted TO take his Objection is made here to the
acceptance OF this commission, or, rather, TO permitting
Mr. Dixon to take his seat under il, and resolution is
offered by the honorable senator from California TO re.
Ter The commission 10 committee. What good is 10 re.
SUI, from tnai reference confess sir, am at loss
very well 10 determine The question for us TO decide
as seems 10 me-each individual senator for himself
and upon his own proper responsibilities whether the
claimant Is entitled TO his or not am persuade
mat there is not senator this floor who at all
disposed TO deny him the enjoyment OF that right il he
thinks his claim 10 justly founded But il il said there
are doubts upon this subject and propose, SIR with he
indulgence OF The Senate very briefly inquire those
doubts. and 10 remove them II may 1he question oil
doubt arises upon the assumption thar there vacan
cy " there ls no vacancy, then all ol will concnr
IN opinion; ior II that shall br established as fact
TIE proposition OF the gentleman bringing This commls
son here cannot be entertained by the Senate Bot Is
there not vacancy, Mr.. Presdenlp Call the roll OF sen
alors, and who responds for Kentuckyl The thing n
observation-disclosures 10 The mind every senator here
that there is yaeaney because, there is but man
claiming 10 be senator from Kentucky, who is entitled
10 be heard upon this floor Then, far that evidence
goesno one here claiming that seat no one asserting
any claim TO u other than the gentleman bearing the
dentals which have been presented 10 the Senaes il not
going very far, Mr. President. to assume that there Il
no vacancy, and that unknown parsonage, not
within the walls OF the Senate really and 10 fac the
senator from Kentucky II that assumption be true, why
does not some man me here and claim 10 fill that
Tor the State o Kentucky No man coming bere to as
sert such claim the evidences is Conclusive, so far as
that aci can make il ro that there is a vacancy
Bot sir, am about 10 establish that fact by testimony
which think will be conclusive in The minds Of som,
hpua Hla a. 1,ueN Z. -
last, the Hon. David Meriwelher came here and present.
ed his claim TO seat in the Senate Of the United States
from The STATE OF Kentucky the question was then made
as TO The validity OF his claim The question then
mesenied-not formally, admit. bat was suggested
ny honorable senators here-as TO the validity of that
claim, and how far that claim would extend The hon
orabe senator from California [Mf GwISl aow asserts
that there is no vscsacy Well, sir, il there be no va.
cancy who - filling the seat that Kentucky is entitled TO
oecapy hetei remember well, sr, that when the Gre
denlals OF The Hon Mr.. Merwether were presented my
distinguished friend from California presented this ques-
ton, and think he took strong ground and II his posi-
on men was coftc HIS position now must c,ftany be
incoc since, acc riding to my reading Of them thev
are wholly incompatible. want 10 demonstrate, II
en- that there is vacancy II there be vacancy,
some man has right TO I'LL that vscancF and II any
man has right to fl that vacancy the Hon Archibald
Dixon is that man. When this question was before the
Senate in Jaly last, Mr. GwGs in his seat and
sad
''I differ entirely from the senator from Indiana Think
this paper ought to be referred TO the Judiciary Commit
tee II is not Ia accordance with the requirements Of
the constitution, H ought to be declared. II ap
poinment At all II the governor has put improper limit
alton upon H. CeraiDy, the has Just Ia ken
seat In this body cannot hold his longer than the
riod speoied IN tue commission which until the time
when Mr. Dxonis oomm ission is take effect
That is precisely. MIR President the ground which
occupy to-day and having that distinguished senator as
fnend to sustain IN that position, shall 90 and
endeavor TO remove other objections which lie IN
my way IT Is position not conroveried by any man.
that each OF the sovereign States of this Unionhey may
be efed sovereign, aRd they sovereign II least by
acquiescenceeach Of the States OF this Uoion IL eni
tied TO two senator's upon this floor No conrovers
that point-sll concsde H. Then, SIR, If each Of the
States OF this Union s entitled 10 two senator's put the
question to honorable senators 70 determine by what ev
'dence honorable gentlemen be admitted to seats
upon this floor