New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-12-07

be msde. 1t can be examined and decided IN
meantime, however the ss,e Is to be r,prs...,..
Unless the right Of Senator to resign luke 49,
future be denied, nothing be made out of n. q
lection In the former Of Hr. Clay that n A =
admitted as beyond doubt There was NJ irru.-.-
in the history of the Senate where such rxhs ID.
been denied. gentleman presenting prisu -,
evidence of election has always been adn,ses :.
bis scat and all objections made were acu,,l
| into afterwsrd 1t would be a strange spec,sAp n
see any one here assuming the responsiblfv n
claiming the seat to which Mr. Dixon has been e.eked
But nothing nows days would appear strancn sa>~ss
changes and political revolutions of the day We live
N strange times We see gentlemen from al 3. Sbaa
ana representing principles Of every SHADE and hus
uniting N most cordial harmony Such scene mus
DC 10 syery philanthropit He never heard a
equSi W except perhaps. the account given
W - - Of explorations in the Val.
ley of the Salt Lake, where he -. a..
of the prairie dogs, in which the Owls ' .s he "a.
snakes live pesceably and hsnnoniously in the sSSs
dens Though he might never again be in pubic lie.
and lad no desire be considered prophet vet he
would venture TO predict that before twenty months
the raesnake of the South would strike fanss into
the prairie dog Of the North and that the owl OF some
part Of the West would also come in Tor blow. lie
again expressed hope that the odous scenesyof the
New-Jersey were not to be reenacted THAI case
had met with the universal condemnation Of the people
Let the broad seal Of the State be respected Let the
Senator be sworn, and then examine into the oasc.
this were done he promised to consider tbs
objections and would do full justice toward he owl
the rattlesnale prairie dog, without any panty pre-
elections or prejudice.
Mr. WELLER was in favor OF reference. He
WAS an actor in the House the New Jersey case AMI
he had yet to learn that the there pursued had
met with universal condemnation.
Mr. MANGUM said that he remembered that
the trumpet of ls4O which sounded in Democratic
ears in almost the manner it did last Novem.
Der in the ears of the Wings. followed Immediately
otter the decision in the NewJersey case and among
many charges preferred against Van Buren,. who, BY
the way was now among the harmonious rattlesnakes
owls and prairie dogs the action of his friends in
the New Jersey case The country passed upoa these
charges with unanimsy not surpassed since 1901.
Mr. WELLER said it was news m him that
the New Jersey case was one of the Of the
throw of the Democratic party in 1910; but be was
Young man and was glad TO be informed. AZ 70 the
recent election, the Senator's party, by syaem OF
humbugging attempted to deceive the people. and
having been signally beaten, he really thought the
Senator ought to take defeat in better part The
Senator was about to retire from public life and IN his
retirement he hoped he would have full opportu
nifty t, repent the sins of his past political course The
Senator could yet do ii, for in the words Of The
psalmist
While the lamp OF life holds out TO burn.
The ylest sinner may return" Much laushor.l
Mr.. GwISN offered a resolution referring
the credentials of Mr. Dixon to Select Co,smittse.
Mr.. BROOKE said Merriwethers credentials
limited his appointment to the lst September 1853 and
it was objected that the Governor had no power 10
limit the appointment, and that it continued Till the
next Legislature He understood the Constitutions
when it said the Governor may fill vacancies till The
meeting of the Legislature not limiting the appoint
ment tin the Legislature, but as limiting the pow
er Of the Governor to make appointments to that time
Senators appointed by Governors did not vscste Act
seats upon the day Of the meeting OF the Legsasrs.
but held till their successor arrived. II the Cover
nors prominent continued the sppointees term I'll
the next meeting of the Legislature, 1t would load ID
strange difficulties His term expired on the flh Of
March next--if he resigned and the Governor Tiled
the vacancy by this doctrine the person appointed ~
the Governor would not go out on the 18th Of March,
but would hold on till January 1854, when the Legs
lature would meet. lie held the Constitution only
limiting tho power of the Governor TO appoint TO the
recess His predecessor bir Foote) resigned his sect
TO take effect in future and In the interim continued
in the Senate The Legislature had the power to elect
in advance of the expiration Of the term Of the sitting
member, almost every Senator was elected in this
way, and tho act Of the Kentucky Legislature was y
valid in this case in any other.
Mr.. MASGUM moved to amend, by providing
that in the meantime, Mr.. Dixon be sworn and sdmh'
ted to his scat
e.. IaIs 81 aft ~ n oIatu 90
had no power 10 ill vacancy not existing. When -
grave objection appears In the credentials, the Sea
ate should wait till appears before
aiming and deciding the point
Mr. ToUcEY followed maintaining that the
Governor had the power 10 fill the vacancy, and the
vacancy being thus filed by competent authority, Is
filed rthe prescribed by the Constitution which
was till the meeting of the Legislature Gould there
be two vacancies First, by DEATH and months ahU-
ward by the resignation of individual who has been
months in his grave. There serious questions In
VOWED and IL should be examined by COMMITTEES.
He could not vote 10 admit Dixon because Merriweth
err who was hero last session, has resigned sndis
still living The matter ought not TO be made prece-
dent without dsiberaon and from the State of parties
no political advantage to be gained by decision
either way.
Mr.. CAss SAID it could not be questioned that
the Senate had full power to determine whether any
vacancy occurred in the body. No one desires TO i'm
pugn the broad seal OF the State. No one denied hG
Mr. Dixon was elected by the Legislature The ques
ton was was there a vacancy to be flledi The Legt
lature could declare vacancy TO exist and elec
one to I'll il, when in fact vacancy existed sens
tors were elected for Elk years. The Legislature
could not the end Of three years deeare vacancy
TO exist and send Senator 90 MI u. la suem
a case the Senate would have TO decide "hethen
vacancy existed or not. The Senate must no" oe'er
mine whether a vacancy exists. To allow Mr.. Dixoa
10 be sworn would be decide at once that vacsncJ
does exist Thus the main point to be decided would
be pre.deternineS He said there was no use In ref
erence bu, wS prepared to act now.
Mr.. Csasr thought the subject ought to be
inoreSfnto before any action-he was under the inn
] ,b. I,,,oa and al IN