The daily union., 1852-12-09

The PRESIDENT. II introduced by the senator
from Kentucky, deceased, Mr. Clay, and passed the
Senate without dissenting vslce.
MF. HALE. IL 10 my opinion that the President ID
mistaken IA snpposing that resolution passed with
out dissenting voice. and without debate There
dissenting voices and there was speech made against
il by the honorable senator from Mississippi, Mr. DA-
yIs.l who is not now member OF this body However,
that not material 10 be settled now, the resolution
The PRESIDENT The chair was not aware OF such
being the fact.
The resolution accordingly lies over one day. under the
rule
BILL INTRODUCED.
Mr. CLEMENS, in pursuance of notice. asked and
ing The President oil the United States confer the title
OF Lieutenant general by breyet for eminent services
which was read, and passed TO a second reading
NOTICES OF BILLS.
MIR. CHASEg gave notice that he should tomorrow, or
on subsequent day, ask leave introduce bill to
grant 10 the State of Oaio the unsod aud unapproprated
public lands remaining in that State.
Mr. GWlN gave notice that he should Tomorrow, or
on some early day thereafter, ask leave TO introduce
bill TO set apart portion OF the public lands for the
strucon Of certain railroads from the Mississippi river
10 The Pacific ocean.
MESSAGE THE HOUSE OF REPRESENTATIVES
message was received from the House Of Repre-
senatiyes, by Mr.. Forney their Clerk announcing to
The Senate that The House have passed the bill from the
Senate entitled an act 10 authorize the Secretary OF the
Treasury 10 issue new register to the baIque Queen OF
Dundee, with amendments in which they request The
concurrence OF the Senale.
Mr. HAMIlN moved that the bill be taken up and
The amendments concurred in by the Senate. The OBJ
Iect Was SIMPLY TO grant register vessel, which is
now prevented from going to
The motion being agreed 10, the Senate proceeded, as
IN committee OF the whole 10 consider said bill The
amendments were read, consisting change of the
name OF the vessel 10 that Of Kate Wheeler and tne
question being taken, tue amendments concured
SENATOR FROM KENTUCKY.
The Senate then proceeded consider The folio wing
resolution, which submitted by Mr.. GwIN on the
6th Instant
Rssolusd That the credentials Of Archibald Dixoa esq
be .esfred to select committee of five, who shall
sider aud report thereon
The question pending was the motion by Mr.. MAN
GUM TO amend the resolution by adding the folowng
.'And that tho said Archibald Dixon be now quail fed
and permitted 10 take his scat in the Senate and keep
tie same pending the actoa Of said committee"
Upon this question the Yeas and nays had been ordered
The PRESIDENT The Guar feels under the neces,
sity OF slang 10 the Senate, that although the question
is not decided who entitled the seat, yet the list
sho ws the names oil all the senator's oil the last session.
and among them ls that Of Mr. leriwe,her The Char,
without the order OF the Senate, does not feel al liberty
TO direct his name 10 be expunged; and he wishes
therefore, that The Senate would decide the yeas and
nays ordered, whether the OF MIR. Meriwslher
shall he temporarily dispensed with, or whether il shall
be called as II stands upon the roll The Chair would
repeat that he does noi feel at liberty until the question
decided 70 order his name to be stricken from the list
Mr.. DAWSON | would ask, Mr. President, that
the credentials under which MIR. Meriwetaer
ceived be read in order to see whether he is enti
tied 10 have his name upon the roll now according 10
the testimony upon our table
MIR. BRODhEAD. | do not see what good end could
be answered by the reading OF the credentials called for
by The honorable senator from Georgia 1t raises the
very question which We had up yesterday The cre-
denlals were before and considered yesterday
Ii we are to consider the question which under
consideration yesterday and proceed with the debate lei
US do II IN the regular way, upon the resolution offered
BY the honorable senator from California, lAlr GwIsl
seems TO me that Is The way to get at the questions and
the only way
Mr. HUNfER | DO not see any way to relieve our.
selves from this difficulty, because II manifeslly raises
the whole qdeson, unless by general consent agree
thai MIR Bieriwelher's name shall not be called until
the whole is settled By the Senate through com.
pi,tee, or in some other way propose that by gen.
eal consent agree TO lake that course, and thus
Mr. CLEMENS 1t seems to me. sir, that this deter.
mines the question That Is the very matter which will
he determined by vote II Mr. Meriwether is here
claiming seat, anyb body is claiming il for him. NE
has Tue pr.aa faes right, and senator from Kentucky
cannot be in until the legality OF his election
decided. Ii Mr. Meriweiher is not at present member
OF this Senate, and Mr. Dixon presents his claim TO seat
with his credentials in due form, we have no right 10
fuse TO him In. This settles the whole matter
way or the other II determines my vote, far the
amendmen, nov pending is eoncerned-not the resolu.
lion, but the amendment.
The PRESIDENT. The question now is simply
whether in calling the roll the name of Mr.. Merwether
Mr. CLEMENS II he is member of The Senate,
his name must be called II not, it cannot be- II he is
member OF the senate, insist lhat his name shall be
called; and II he is not member OF the Senate one
has right TO call him This determines the whole
question.
MIR. DAWSON, The suggestion which made, MIR.
President in consequence of this thing How is the
roll OF senators made out BY the secretary presiding
ohcer, of course. How do you ascertain individual
to be member BY bis credentials For what length
of time For the term Of six years, beginning at the
fourth Of March ~ particular year. Wien that period
expires his name necessarily goes of The roll. Now,
M. NeHwelher's credentials gave him appointment
until the first day OF September last That period is past
What authority, them has the presiding officer the sec
retaIy for enrolling Mr. MeriwetheI's nane' None,
sir. They have authority 10 do H. except the Senate
order be done and that order cannot be given until
the question before decided do wish change
the issue the only object had in view TO give
reason why thought the Chair was right IN saying he
could not make out the roll Of the Senate except accord
ing the credentials, and called for the reading Of the
credentials IN order that every one might see that Mr.
Menwehers time expired the first day oil last September
MIR. CASS. Mr. PTesdeni either case brings the same
question before this body. H. in calling the roll Of the
members who sat here the first day OF September last
you come to the name OF Mr. Meriwetber, and anybody
objects, that brings up the whole question You will
then have TO determine whether Mr, Meriweiher is
member OF body lba, in either case the proceed
my OF the Senate is precisely the same. do not think
makes the slightest difference in this question: 10 the
OF ohce, what the certificate OF the governor.
II elected for six years. and the governor
cerifes you o It, that ceThcaie does not produce the
slightest effect upon IL The governor appointed ac-
cordng TO the constitution, then he filled his power but
the Of office does depend upon the governor
made, depends upon the constitution, and OF that
necessarily the judges consider, therefore, the certh
OF the governor conclusive evidence to the sp
polnimen OF Ar. Merlwetber for ths time being but