The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-07-16
In CONGRESS OF THE U. STATES.
THURSDAY. JULY Is. 1854.

Mr. BRIGHT presented the credentials OF Hon DAVID
MEai~ErHERi which were read, as follows
coAaoswsALrH KEsrUoKY
HESaY CLAY esq who duly chosen senator 10. thls
Gonmonwealih, ia pursuance OF the consultation OF The
Uuied States OF Amsrcs, having resigned during hs last
effect the hrst Monday Of September next and having
deed before the period mat his resignation takes effect l.
the Commonwealth, have therefore. though, it, by virtue
OF said constitution, 10 appoint Dawn MrRwErHER ESQ
90 be aLd act the Common until The
tune tle resignation OF the said HsNRY CLAY takes effect.
Gwen anass my hsnd and seal OF the Commonwealth
l.. W. POWELL
J. I, MercALFE. Secretary Of State.
MI MERiwErHER then appeared and the oath pre-
senoeu oy ihs constitution having been administered to
HIN, ne took hs seat IN the Senate.
Az bhiGHl. The letter OF appointment Just read,
and which conferred upon you authority administer
the oath just taken by the honorable senator from Ken
lucky, must have struck senators who paid attention TO
lis reading differing in phraseology from letters or GER
uheates OF appointment usually given in such cases
That paper limits The term OF service OF the appontee TO
the first OF September next that being the time which
the resignation OF the then senator from Kentucky snce
deceased) was 10 take effect. #ti fat@.
My object in rising is not To ask action al this time
upon the credentials OF the pro tenn appontee, but say
that regard the limitation contained in the credentials Of
though be may not himself up claim to The seat he oc
cupie- alter the time mentioned in the paper lust read
set be has certain constitutional rghs-hs constituency,
and every Stale IN the Union have certain constitutional
rghis-asing out Of and TO be affected by, the mode end
manner this question is determined, which will require
4 The
constitution OF the United States shall choos his
successor.
have made these suggestions to prevent any mscon-
eePons OF the facts and place my esteemed riend The
honorable senator from Kentucky, in proper position
before this body, ii the question should ever come M
again The honorable senator himself, am authorized
TO say has no personal feeling in the matter than
hat which arises from desire TO his constituents
faithfully. and fulfil the obligations OF the laws and con-
sntution under which he acts
MIR DOUGLAS. would suggest the proprety OF The
Credentials beng referred TO the Committee the Judi
cary, because have great doubts TO the power of
governor to appoint senator and limit the period Of his
service 10 shorter time than that prescribed by the con-
siu,on OF the United States The constitution provides
that IN case vacancy occurs during the recess of the
legislature, the governor shall make ap; ointment and
The commission shall extend TO the meeting of the next
legislature entertain great doubts to the power OF
governor, IN issuing his commission. make Limitation
not only Unauthorized by the constitution. but ia direct
violation OF The express terms OF the constitution itself
As TO what the effect oil such limitation would be upon
the commission am not prepared TO express opinion;
bat think may be well that the matter should be re-.
ferred TO The Committee on the Judiciary for investga
ton. "a
MIR BUTLER. Mr. President. I have no doubt ina,
the quest very important one; but should dislike
TO anticipate events. and make an issue now which may
never arise My friend is right in saying that this in
wolves an important principle but not of those
who hold that the mere paper produced here is conclu
sye evidence with regard TO the title TO seat The
Tor takes his seat under The constitution, although he de-
ves his appointment from the governort is conferred
upon him By the Commonwealth OF Kentucky; and | do
DOT bold that the governor OF the State in any language
he may USE, limit the tenure of office under the con
siution OF the United States. And would say 10 my
trend from Illinois that it very possible this issue may
never arise with regard 10 Mr. Dixon and even If he
should come here and claim his seat the honorable SEN
atoT be perfectly quiet will be the duty of this
body TO decide upon the authority OF MIR. Dxons election
Mr. DOUGLAS. made nomolion upon the subject.
and do no, intend 10 do so simply made suggestion
Mr. BRIGHT. Mr.. President, think as the bonora
BILE senator IRON South Carolina has very properly said
that The contingency may never arise and therefore il
he hla time IN
the paper presented II il does arise, will be lime
enough Thea 10 call the attention Of the Judiciary Com-
Dtee 10 H. That matter consde red before The paper
was presented, and hope the senator from Illinois will
not press his suggestion.
Mr.. GwIN. / diaer entirely from the honorable sen.
ator from Indiana, Mr.. BReHr.l think it is proper
nat this matter should be referred the Committee on
the judiciary II the limitation Is in violation OF the con-
slniion ought TO be so declared; and If that is the
case, ~ no appointment al all IN consequence of an
improper limitation being put upon it, Certainly, tie
senator who has just been in and taken his seat
cannot hold his ofee any longer than The period speci-
he'd IN that eommisslon-eeTainy not: do not want 10
PREJUDICE the question with regard TO MIR Dixon's election
bat am clearly OF opinion that IL is impossible make
any such appointment this by the governor This filing
vacancy In anticipation, that never occurs BY resgna.
uon but which occurs by death, is a case and do
think il is proper for The Senate TO decide hastily bui
tia The matter ought 10 be examined by the Judiciary
COMMITTEES beiore we pass upon II.
Mr. COOPER Mi President, think there can be
30 difficulty whatever in relation TO this question.
think the suggestions made by The honorable senator
from South Carolina commend themselves to the favor
able consideration oil the Senate The senator from Call
lfomia mir. GwIsl is certainly wrong when he SAYS
there is commission conferred upon the senator from
Kentucky by the paper which has been read II there
be an improper limitation, la contravenuoH OF the pro-
visions Of the constitution, that limitation is void but
Il Is clearly evident that that does affect the senator's
right 10 al all. II me- as IL is question
which may arise, IL is better that il should be
passed over until an occasion arrives requiring its
slderaton.
The PRESIDENT. There is no motion before the
Senate
Mr.. SUMNER presented a petition OF citizens OF
franklin county, Massachusetts, praying that the bill
now pending before Congress, granting 10 every man
who y the head OF family and citizen OF the United
States hundred and sixty OF land may become
law; which was referred TO the Committee on Public
| Lands.
MIR SOULE presented resolution OF the United States
Agricultural Society praying 10 be incorporated which
was referred 10 the Committee on Agriculture.
Mr n also presented resolutions OF the National Con.
yenton for the Promotion Of Agriculture asking the AID
OF Congress IN promoting the interests Of that branch Of
indusiryi which were referred 10 the Committee on Ag.
| oulture.
MEMORIALS, PETITIONS. FTc.
Mr.. RUSk presented the petition 81 X Jefferson asd
others, NAL contractors praying compensation Tor
vio,s under contracts With the Post ooe DEPARTMENT,
which were illegally suspended In presenting tbs psil
ton, Mr. X said THIS peion was rsieffed 10 the House
OF Representatives, IN 1884, aad has ihere been acted
upon definitely, Daring this session OF Congress The
original peiioa accompanied with psp~rs was presented
here and referred 10 the COMMITTEE The Post Oce and
Post Roads In the examination Of those papers ound
Il hat matter upon