The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-12-08
THIRTY-SECOND CONGRESS.
SECOND SESSION.
SENATE.
TUESDAY,, December 7, 1852.

day: -, from,
the Secretaries Of State Of the Territories OF New
Mexico and Utah. communicating copies oil the
laws and proceedings of the Legislatures Of those
Territories, as required by law; which were laid
on the table and ordered to be printed.
Also, report by the Secretary OF the Navy,
communicating plan for the classihcato in the
clerks of that Department
LIEUTENANT GENERAL.
MIR. CLEMENS gave notice that on tomorrow
he would ask leave 10 introduce joint resolution
comforting upon Major General Winfield Scott the
rank OF lie uienant- general by brevet
BANKING IN THE DISTRICT OF COLUMBIA.
Mr.. ADAMS asked and obtained leave to intro
duce bill to prevent unauthorized banking In
the District OF Columbia. which was read and or
dered to a second reading.
ELECTION or CHAPLAIN.
message received from the House an
nouncing the adoption by that body OF a resolution
providing for the election of Chaplains-one by
And ON motion by Mr. BADGER, the same was
considered and concurred in.
The Senate then pruce eded to the election of a
Chaplain and upon counting the ballots, Rev. c,
Nj. Butler, Episcopalian, having received ~ out Of
40 votes given, he was declared duly elected Chap
lain to the Senate for the present session.
KENTUCKY CONTESTED ELECTION.
The Senate proceeded to the confederation of the
following resolution, offered yesterday by MIR.
GwIN:
"Resolped, That the credentials of ARCHIBALD
Dixon, ESQ.,, be referred to q select committee Of
FIVE, who shall consider and report thereon
To which MIR. MANGUM had moved to add
"And that, pending the action Of the said COM
mittee, the said ARCHIBALD Dixon be now quail
fled and permitted TO take his seat in the Senate "
Mr.. JONES, of Tennessee, said the question to
be decided was, shall Mr. Dixon be sworn as the
resignation of the Hon. Henry Clay. If there
were no vacancy in the representation of Ken
lucky, then MIR. Dixon had no claim to be admitted
to the seat lfthe roll of Senators be called 1t will
appear that there is but here from the State of
Kentucky. There is no one here to answer for the
other place to which that State is entitled. No
claims to fill the vacancy in the representation of
that State. Shall Mr.. Dixon be excluded because
one unknown to the Senate may hereafter
set up a claim?
If there be no vacancy, who ia filling the
representation of Kentucky besides Mr.. UND ER-
WOOD? II there be q vacancy, that vacancy should
be filled, and by whom but Mr. DIXON, who holds
the authority Of that State to do 81!
He read from the remarks Of Mr.. GwIN made
upon the occasion of the presentation of MIR. MsaI-
wsTHER's credentials in July last. wherein the
ground was taken that Mr.. MERIw ErHER's ap.
pointment was only good for the time intervening
between the time when Mr.. DixoN's term would
commence
He considered that the party holding the creden-
tials Of his State prina Jaeis entitled to be ad
United to the seat. No one pretended that MIR
DIXON was not elected by the Legislature Of Ken
all the due forms of law. Why, then, was he de-
MED the oath of office? Should the Senate go be
hind the credentials, and suppose ina CINE that
some other claimant for the seat may arise? The
same might be done in the of every other Sen
ator. Why were not his Mr.. JoSEs's) creden.
tias referred to a committee? They bore no higher
evidence Of election than Mr.. DIxoN's. If it was
not done in his case, why 20 it in Mr.. DixoN's9
The certificate of election had always been regard
ed by the Senate as the highest evidence 1t may
not be conclusive in all cases, but it has always
been considered such, 80 far as to authorize the
party holding ii to be sworn.
In the case of Mr.. MALLORY, whose seat was
contested by an adverse claimant, he having the
certificate Of election, was admitted and sworn. In
the case of Mr.. SHIELDS the came course was pur-
sued In the case OF Potter and Robbins, both
bearing certificates of election by the Legislature,
Mr.. Robbins admitted and sworn, leaving the
question of the validity of the election to be after
wards decided by the Senate. In the Gaze OF Mr.
Tracey, in 1901, the same course was pursued
Why then deny to Mr.. DIXON the right conceded
TO every other person? If Mr.. Dixon were ad
United. nothing would be prejudged. The claim of
no other person would be prejudiced But il the
Senate refused to swear him, il would PREJUDICE the
case against him; it would PREJUDICE the
against the State of Kentucky. BY admitting him
the Senate not committed upon the final deci-
sion of the case. He urgently appealed to the
Senate not to deprive Kentucky Of her due repre-
sentation in the Senate, but to allow in this
in all others, the party holding the certificate of
cleo ton to be sworn.
He commended that Senator had the right to
sign-his resignation to take effect in future. Mr.
Clay, Mr.. Buchanan, Mr.. Foote, and Mr.. Berrien
lad resigned-their resignation to take effect IN
future.
The Senate had long since decided this point.
In 1915 Mr.. Bedsoe, then Senator from Ken
lucky, resigned his seat his resignation to go into
effect the Gath of December of that year. In the
meantime he continued to discharge the duties
On that oath Of December the qusato" arose
whether he entitled to hold the seat any lon
ger No one had been appointed to fill the va
cancy No one contesting his seat. The
snbioct being brought to the attention of the Sen
ate, motion of Mr.. KING, and by a vote of 81 TO
the seat. Thus the right of a Senator to resign IN
future, and the binding effect of that resignation,
was held valid by most decisive vote of the Sen
ate The resignation OF Mr.. Clay to go in effect
decision Of the Senate, he could not have retained
his seat after the LIST Of September, 1852.
The Legislature being in session when this valid
resignation was made, had a right to fill the g.
cancy, and did so by the election of MIR. DIXON.
1t was contended on the other eide that the ap-
pointment by the Governor extended up to the
time of the next meeting of the General Assembly.
This was not 90. Mr.. Berrien. late Senator from
Georgia, resigned in future, and the Governor ol
Georgia appointed the present Senator CHR
CHARLroN) to fill the vacancy. MIR. Berrien's
time would expire on the 4th of March next; and
would not the present Senator'S term extend to
the next meeting Of the Legislature, if the ground
assumed on the opposite side be correct? But the
Legislature, before Mr.. Berrien resigned, had
commencing on the 4th OF March next. Would
any one dispute Mr.. TooMBs's right to the seat in
the Senate on the 4th OF March next Mr.. J. con-
tinued the argument for some time.
Mr.. MASON said he thought it would be diff
cult for the Senator from Tennessee to find pre-
cedent for admitting Senator to be sworn, excep
in cases Of admitted vacancies. II would not do Il
suppose vacancy existed because the roll wal
not answered. No Senator had yet appeared from
Kentucky il would not do to assume, therefore
that all those Senators not answering the roll hac
vacated their seats in the Senate. The Senator
who represented Kentucky at the last session wa;
not present; he was absent; and that was all tina
could be assumed from his not answering the roll
he had not resigned. He Mr.. M J would give NJ
opinion as to whether a vacancy existed or not
but prima facis he considered the representation
from Kentucky as full. He hoped the reference
would be made.
Mr.. GWIN explained that in July last he op
posed the admission Of Mr.. MrRIwrrHER, on the
ground that his credentials contained limitation
unknown TO the Constitution. He did not believe
the Governor had any power to place any suci
Limitation upon the appointment; but il the ap
pontment valid at all, il was an appointment
till the next meeting Of the Legislature. He die
not believe there was any vacancy in the Senate a
the time Mr. Dixon was elected, and consequent,
there was no vacancy TO be filled by him. Th
frat dav a vacancy occurred in rcDre1ent tiDj