The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-07
THIRTY.sECOND CONGRESS,
eEoOND SESSION.
Senate.

WasHtrGToS. Dec, 6, 1882
oPgrrSe-aoLI CALL ETC
The Senate called to order at half past IL O'Clock
by the Hon. W r. King
The following Senators we're pressnt-aessrs Adams
Atchison Bayard Borand, Bradbury, Bright, Brodhead
Brooke, Cass Chose, Clarke, Clemens Cooper Davis
Dawson, Dodge (Iowa), Dodgs (wisconsn), Douglas
Down, Feoh, Fish, Foot, Geyer, Gwip, Hamln James
Jones (Tennesee), King, Mansum, Mason, Meriwether
Misr, Morton, Pratt, RuslS Seward, shields Smith
Spruapce, Stockton, Summer, Toucsy, Uphala Wade
and WelIer-4s.
Prayer Offered up by the Rev Q. NJ BUTLER, in
which the recent national loss was appropriately re.
ferrej to.
MEMBER INDIANA
Mr. BRicHT (iem) Of Ia presented The credentials of
Charles W. cathcar appointed by tn. aovsrror Of Ia.
diana to 6 the vacancy occasons6 by .hs jeea Of Mr
Whitcomb.
Mr. Cethcort appeared AMI was iuy svorn
CONTEST sUccssscRsTrIe o. rra. c1AY-coM.
MtTTEE 70 PRESIDENT, zTo.
Mr. JoSrs (rhig Of Tennessee presented tbs creisa-
tials o. Archibald Dxon Senator by the Legis.
ature OF sntuoky 20 I'll the vecsaey oocsons hy the
resignation of Henry Clay, which were Eead
Mr GwNs (dem Of Cal: opgecSed % III. Dixon beisg
It was suspended for few moments TO enable mes
sage from the House 60 be received snnolncgg the
ponfmsnt Of COMMITTEES to wat on the President and
Dfom him that Ccngress -eady to proceed TO business
On the motion Of Mr. Bright similar committee was
appointed by the Senate. Messrs Bright and Davis
appointed and retired.
The debate on Mr. Dixon's case was resumed
Mr. Gws said be did not think there any vacancy
locked into AT the close Of last session there were two
Senators here representing Kentucky No vacancy
occurred since lie raised the question whether there
was any vacancy in the senas 20 be fed By the Legs
lature Of Kentucky.
Mr JoNEs desired the Senator psce his objection in
some tangible shspeto make nfttion lis jid not
uDderstan5 exactly what the Senator objected TO-
Mr. GwIS said he objected TO Mr Dixon king sworn
in. as there was no vacancy FOR him to i'll
Mr. JoyEa said he could not any cause for OBJ.
lection to Dxons being sworn in He desired very much
TO know whether there any in attendsnce beside
Dixon claiming the seat made vacant BIZ the resignation
or death of mir. Clay. II there contestant
claimant fer the seat why there objection 10 Mr.
Dixon who his crede ptss from the proper au
thority? He uDderstood that the gentleman whs
pied the seat in the last session, lie not claimant
or contestant Of the seat on the contrary,
cose. why object to Dir Dixon being sworn int
In every case, in the history Of the Senate, with
exception the person presenting credentials admitted
to the seat and sworn in posroDing the decision of the
right TO the seat TIL after inquiry and examination In
the single exception the Journals reasons for not
admitting the party 70 his seat he desired to know
whether the Senate will refuse TO Mr Dixon the oath Of
office when there Y no party claiming OF conesting his
right the seat How would the Senate arrive at con-
tested election II must be by petition, memorial or
contest in shape Here there was neither contest or
petition against Mr., Dixon. Why, then, exclude him
nom ofice If he excluded then the broad seal Of
asoyereisn State was denied aud trst State 6isffsn
chsed Of Of her Senators. Let Mr. Dixon be as all
a
let II be examined IL it should be shown that Mr Mer
wether anu not Mr. Dixon, entitled, he would
cbserfully vote TO ADMIT him
Mr. JAMES said there vacancy in the Senate
fIom Kentucky the vacancy occasioued by the death
of Mr Clay filed by the Governor st the last sesson
and the constitution raid that The appointments by the
Executive of the State shall be till tho meeng Of the
next session Of the Legislature lie objected the last
session TO Mr. Merwetbers credentials because # the
Limitation therein contained lie was admitted hove.
and no vacancy exists until the Legsatsre shall
meet He moyed that the subject be referred 70 the Ju
MIR. CoorER. (vhlg) Of Pa thought the Senator had
not licked at the constitution when he made the OBJ.
September last The Legislature. being then in session.
filled the vacancy which would before their next
meeting by the election Of Dir Dixon. Previous to Sap
tember Mr. Clay died The Governor flled the vacancy
occurring between Mr. Oays death and the tme Of hr
D xon's term. commencpg by the appointment 81 Mr..
Berwether lie read tho clause Of the constitution
auating the subject and contended that tho Governor
bad only power to fill vacancies arising during
of legislature The resignation had made while
the Legislature in session and under the power vest
ed in them hy the constitution they proceeded to m H.
and did 60 by the election OF Mr. Dixon This power the
Legislature certainly possessed 1t well established
RUE that the act Of the Legislature wasvad binding
had the to do the act at the time Il done
Buchanan resigned to take effect In the future The
Legislature being in session, proceeded TO Gil the
ing between the resignation and the time Of
its going into effect The Legislature Of Kentucky
having the power to fill the vacancy which was to occur
them had undoubted right to the seat lie regarded
the limitation in Mefiwethers credentials mere sur
pusage, The Governor had power to fill the vacancy
for time beyond that which the Legislature had axet
for the commencement Of Dixon's term
THE committee here by unanimous consent, ap-
pointed TO wait on the President
Mr. MarovM, (wbIg) Of N. c.. said there prece
dent fitting this case exactly In January, ls42 Mr.
Clay resigned s seat in the Senate to take effect on ths
Is. OF April owng No notification of that resigne
tion given to the Senate. The Legislature OF Ken
tucky then in session, and elected Mr Crendtn to
hl the vacsncy to commence the first of April In
the present tir Clay, In December 1851 resigned
bis seat Ia the Senate to take effect the Let OF
tber last The senate not notified OF this resns
ton. The Legislature Of Kentucky being in session,
elected Mr., Dixon TO f the vacancy which
would occur in September The two casos Wers
therefore, exactly alike. In the hrst Mr. Critten.
den came here With bis credentials which presented
by Mr. Clay ON the very day the latter took his sreru
OF the Senate. Both Clay md Orittenden that Gay
were IN the senate as Senator'S Not whisper Of ohc,
ton was then made but II passed into precedent with
entire unanaity, he would be very Sony in ths
e nate the scenes Of tine New sersey enacted again
Although bis potcAs days were wing to Close ne ad
not wish 20 see thcse scenes e1Kcted here Tho hrotd
seal Of the state rad always been conoldsled arma
csse, cnti,iinE tie memhtf 70 DO sworn IL etsr he
bs ewytu hlsct5U tg 1scs Il cs1 - exatr "a syS