New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-12-08
xxxuD CONGRESS. -, SECOND SESSION.


pcaiion from the Navy Department calling for plan
o. classification Of CLERKS which laid on inc 'aOe
ard printed
A message was received from the House
with resolution providing for the election OF Chap
l,ins which yvas taken up and concured in by the
Senate
Mr.. CLEMENS gave notice that tomorrow he
would ask leave 10 introduce resolution 70 confer the
rank Of Brevet Lieutenant General upon Major General
Winfield Scott.
Mr.. ADAMS, on leave introduced bill to
preyent unauthorized banking in the District Of Co
lurabia.
On motion of Mr. BADGER, the Senate pro.
ceedod to the election of Chaplain
Forty votes were cast, Of which c. NJ. B It
Ter received 81 and was declared Chaplain.
Mr. JoSEs (Tenn) said that if there were
no vacancy it would Of course be admitted that Mr.
Dixon had right 70 the If the roll of Senators
b. called but response viii be heard from Ken
fucky there s but one here 10 swer from that state
and that vacancy exists il evident No one claims 70
fill that seat vacancy. and why then should Mr..
Dixon who presents the authority Of his State be de-
MED the oath Of Office l. it just to exclude him be-
cause individual may hereafter appear 20 claim
the seatf II there be vacancy, VINO represents
Kentucky No one appears, there being then evident
" vacancy it should be filed and who but Mr. Dixon
mas any cnin to I'll tl lie read from the debate on
Mr Menweihers admission 20 show that then Mr.
Gwn took the ground that Mr.. Merwe,her was only
entitled to fiji the seat till September lie then
concnded that the credentials had always been held by
the Senate a. rriraq focie evidence emitting the party
presenting them TO be sworn in. II was not denied
that Mr. Dixon was duly elected OF that his crelen
fisls uprp pot in dino form of laU kVhv fhan dauv
him what has never been denied before Why 20 be-
hind the credentials and imagine that some one else
may set up claim to the seat Why were not his
(ones' ~ credentials referred TO Cornmtteei They
bore upon their face no higher testimony o. election
than Mr. DxOns The certificate Of election had been al
bys considered the highest evidence right IL
be conclusive but has always been considered sufficient
10 allow the member bearing it to be sworn in. In
Messrs Malloys ond Shield they were swornin
ahoughthe former contested and the latter vacated
in the case OF Messrs. Potter and Robbins both bore
credentials Of having been elected by the Legislature
Mr. Robbins was admitted 10 his seat and sworn and
the cose was aer8ard investigated In that case the
decision Of the Senate was conclusive that the State
entitled to be represented pending the invcstga
tOn Of the Why then deny the right to MN
when it has been conceded 70 all othersi If be be
sworn the questions Of right not preudged against
any Put il you refuse to swear him the question
as pojudged against him, prcjudged against enucky,
Judged against the broad seal of the sovereign State
Admitting him doos not commit the Senate upon the
final decision Of the case He contended that
Senator had the right 10 resign in future Clay Blu
Gilman Foofo and Bcrricn 1T different time resigned
in future, in order that the legislature might fiji
the vacancies in time to keep the representation Of the
State full In 1915. Mr. Blcdsoe, u Senator from Ken
hcky sent bis resignation TO Kentucky TO 60 into cl
feet on the oath December 1915 He continued in the
Senate until that day and one having been appoint
ed 20 til the yeoancy, the question whether he
could retain bis seat The Senate by vote Of % to g.
declared that bis re iIltion good and his seat
cant Mr.. Clay5 resignation, according to precedent
was also valid and being SUCH the Lcialaure had the
power to I'll tie vacancy 70 occur before their next
meeting lie cited the case where Mr. Bcrrien re
stoned, to take ofoct in future. The Governor filed
the vacancy by the appointment Of Mr. Charlton Does
Mr.. Charlton's appointment hold good till the next
meeting of the Lcgislaiurei According to the doc
iue on the other side would but the Legislature at
it, last session anticipating the expiration Of Mr. Ber
lens term elected Mr. Ioombs Senator from the 4h
of March nevt. Now. after March next, will Mr.
Toombs or Nj. Charlton be the Senator from Georgs
Mr. Jones pursued the argument much further, earnest
~ appealing to the Senate to allow Kentucky to be
fully ropresenicd.
Mr.. Mason said no precedent could be found
where any oro was allowed to be sworn except in
cases Of admitted vacancy-it not admitted in this
case that there any vacancy. Several Senators are
no, here vet but /, could no, be taken from that cir
ouinsance that their places have become vacant Mr.
Norriwether is not here he is absent and nothngmore
can he made Of his not answering the roll lie has not
resigned lie was lot prepared to give an opinion on
che case as to whether vacancy exists or not but
yra facie the representation Of Kentucky s full. He
hoTed the reference would be made.
AIr. GwlN said that when Mr.. Mereiwethcrs
credentials were presented he objected to them because
oftle limitation contained in them. He regarded Mr..
Mcrriwe,her's appointment good to the next we's-
ing OF tho Legislature or a. good for nothing The SEN
ait having admitted him. he ofopnon the appoint
men extended to the next mcctin, Of the Legislature
There was no vacancy existing when Mr. Dixon was
elected and consequently for the Legislature to
I'll There was a vacancy when Mr. Merciwciher was
appointed, and the appointment by the Governor being
good was entitled to it full extent.
Mr.. SEwARD said he did not understand
what was meant by an admitted vacancy. Who was
TO admits Who was TO deny that a vacancy exists
Nc one stood forward here 10 make ,ha, denial and
where there wa no denial the worlI admits
Mr.. BRADBURY followed maintaining that
there was no vacancy for the Legislature 70 I'LL at the
tme Mr. Dixon elected
lir. BurLrR thought that the Senate ought
Go refer this matter without debate, or discuss II now
and decide it wthou, The question appeared
10 him as to WHIST constituted vacancy and whether
The Legislature had the power 70 I'LL the vacancy which
id not occur TIL later period. He regarded Mr..
Claws resignation executed decd from the time
II was sgned and therefore irrovocable He thought
Mr. Dixon ought not 10 be sworn TIL the case was de
cidcl
Nir. Dawson earnestly appealed that the
Senate might oxtend to Mr. Dixon and his State the
courtesy Of being admitted to seat which had never
vet been denied lie referred to the case where Mr.
Berrcn resigned to take effect IN June lS''-'ae
azure had previously elected Mr. Toomo' 10 sue
t,f, 81 Moreh l-af-.l ehc ALL