The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-21
CONGRESSIONAL,
REMARKS OF MR.. MILLER,


On The Kentucky contested election case deoered IN he
Senate, December 10, 1852.
Mr. MILLER Desiring TO say few words upon
this question. take this opportunity was OF the opin-
ION that senator elect presenting his Credentials was
entitled, upon wei. esiab precedens and law
this body, at 10 be sworn in, reserving the
various questions which might arise 10 The deliber-
aiion OF the Senate al such time as they should think
proper to 60 into their consideration And am salts
he'd from whal has taken place here. that the Senate
has made great mistake, il not committed great
wrong upon a sovereign Stale OF this Unon, by not
taking that course opposed to the reference upon
precedent and upon principle There is not to be found
upon the records in the history OF this Senate so far
as have been able 10 ascertain, case where person
coming here. bearing the legal cedestias OF one Of the
Stass OF this Union appo'nng HIM to seat N tins Sem
ate has not at once been received reseyng the obectous
that might afterwards be raised 10 his seat for future
sderaon There is but TO be found in the other
branch OF the national legislature, in which the members
having the legal, formal returns. were excluded from
their seats, and shut out from the House upon an allie
CATION that their certificates Illegal and fraudulent ;
and that the OF the contested election OF the
State of New Jersey-a of warning, and not case
+ trust, TO be followed again. Ell $3.50
How, then, sir, does this case present itself /? Mr.
Dixon. at the commencement OF the session. upon the
first day. presented here his credentials. Those creden-
als certify three important facts first that Mr. Clay
had resigned his term OF office from the first day OF Sep
ember until the expiration OF his term secondly, tha,
the legislature OF Kentucky had accepted OF that esgna-
lion and thirdly. that they had filled j oy the appoint
als, the senator from California Mr.. GwIHl object
ed to his being sworn in because there was no vacancy
If the senator meant that there vacancy now
all admit that, because the vacancy has been filled
Some gentlemen say that II has been filled twice. AT any
rate ii has been filled by the legislature Of Kentucky
presume therefore, that the senator meant that al the
time The legislature of Kentucky made the appointment
there no vacancy. he must have meant that, II he
mean, anything.
member OF the Senate is, what power s to judge in the
first instance of vacancy the Senate Is II this body
We know nothing OF vacancy that happens, We are
not informed OF il. We know officially that
vacancy takes place until gentleman here with his
credentials and informs the Senate by appointment from
his legislature the executive OF his State that there Is
vacancy which he ia authorized to fill. Here appears
TO me- is the mistake which senators have committed
They have taken 1t Tor granted that we are TO judge IN
the first instance whether there is vacancy in the Sen
ale from The State OF Kentucky Is it not fundamental
principle acknowledged everywhere that the power au
thorzed 10 appoint must Judge, IN the hrst instance,
whether there is place fill They cannot proceed to
appoint man to fill place until they have determined
determine that fact in the first instance The legisla-
ture must determine it; and when they determine il,
their Judgment entitled 10 full faith and credit until
be shown that they have acted illegally and unconsti-
iuonally, and that their election is therefore void.
How did this case the first instance differ from the
Of % case O. e genf%an H now me-
credentials They all right upon their face.
gentleman arose and suggested that be wa. 40. regal
had not been citizen long enough TO render him eligible
under the constitution The honorable senator from ILL
nos, his colleague, Mr. DouGIs] then took the ground
that the legislature OF Illinois had TO Judge OF that
case in the first instance and having Judged upon IT, hav
ing elected Mr. SHIELDS and gwen hun bis credentials, his
colleague insisted that he should be sworn IN and so
Jealous he for the rights of his State that he would
no, permit 10 stir step ~ the oganzauon OF the
Senate, To form committees or to elect chaplain until
he admitted TO seat. Being admitted TO his seat,
the facts referred 10 committee. and The facts be
ing ascertaned. the Senate vacated the seat Now, II II
be true that the appointing power has the hight IN the
first instance TO determine whether there is vacancy, as
~. t.a h.vtr Iata
mined that matter, this gentleman is entitled 10 be ad
mted to the seat at once, having presented here primo
faee evidence OF bis right 10 IT, IL gentlemen then think
proper 20 into Argument about the construction OF
the constitutions or the constructive rights OF another ap
pican' here, which may take the whole session. they
do so, and at the same time the rights oil The State
will be protected and Kentucky will have her Two men,
bers here for the purpose of uniting with The proceed
ings of the Senate. Kentucky having performed her
duty she understood the consttuon--having acted
in good faith in determining that questionshall the
Senate say, Stand back; have the reserved night
to Judge Of the qualifications OF members; and II
there be suggestion that you have acted illegal
y or unconsutionally, will keep your member
out for three months Why, sir, how would this prin-
cpe apply any other less permanently organized body
that suggestion oil this son should prevent man
from being sworn IN as member, so that each might
suggest II against his ne,ghbor. and thus prevent the
ganzaon Of the body altogether Therefore. say that
great and important question TO be determined here
s the question TO which have already gwen the go-
by-tbe question of the admission OF Mr. Dixon TO his
seat the legislature OF Kentucky having determined that
here vacancy and having filled that vacancy, and,
as shall show, there being no other man presenting
himself here who has the gh, TO con,es, the fact OF that
vacancy
Bu, j, is said there is another appontee from the State
OF Kentucky who contests this seat. A claim has been
put in not BY the gentleman himself but by other gen
iemen members OF this Senate, that Mr.. Merweher
has been appointed 10 m this vacancyiha there are two
persons conending for the same seat Now, before we
come 10 the question OF law, the question OF fact
is TO be dealt with and, TO do that, we must have
the facts clearly before Some gentlemen contend
here that Mr Meuwether is entitled, under the
constitution his seat How ia that Z Produce
his credentials; and when you come to look at them
you will find that they do not touch this vacancy. Mr
Meriwether appointed either by the governor
by the of Mr. Clay The fact is that he
appointed ,s fill another vacancy, the length OF which
has already transpred and he has retired from the seat
which he held here under that appointment Now, II
Mr.. Meriwether could be brought in here TO
contest this seat, and his clam be sustained
then you have the strange before the country
OF man filing office to which he never ap-
pointed in fact by any appointing power which Office
he expected intended fill, and TO which he has
in fact claim whatever In other words il is putting
this Senate by construction alone and against
the fact Now, put honorable senators 10 II, in
the whole history OF parliamentary proceedings, there can
be found an instance OF an appointment 10 once un-
der such circumstances This would be, indeed. con
srucon contrary facts. where the appointing
did not intend appon, any such office, and where
the man himself ~ accepting the appointment which
really made. did not intend 10 accept this appoint
ment Ia there any such case as that To he found
There have been cases where a consiuenc have at
tempted TO make election; where two men are candl
dates for Office aud part OF the constituency vote Tor each
man. and they both come here perhaps with different
turns and evidences of The eleelon and both clam have
bren ais 10 he office But The the