The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-07

decided. In the meantime however the State 1, to bs
represented unlers the right Of Senator to resign to
this objection In the case OF Mr. Clay that
right was admitted beyond doubt There vas no
been denied. gentleman presenting prrma face evi.
dence OF election has always been admitted his seat
and all objections msas were inquired into afterwards
lt would be strange spectacle to any
here assuming the respons bility OF claiming the
scat to which Mr.. Dixon has been elected But
nothing now adays, would appear strange after the
changes and Political revolutions Of the day We live in
strange times. We see gentlemen from all sections and
representing principles of every shade and hue uniting
IN most coroia harmony. Such must be grateful
to every phianthropist lie heard Of any thing
equal to except pshaps the account given by STAINS
bury in his report Of explorations in the valley OF
Salt Lake where he describes Of the prairie
dogs in which the owls and the live peacs
ably aud hsImoniousy In the dens Though ho
might never again be in public life, and had no desire to
be considered prophet yet he would predict
that before twenty months the of ths South
would strike its ongs into the prairie dog North and
that the owl Of the West would also come In for blow
He again expressed hope that the odous scenes
met with the unquivocal condemnation Of the people
Let tho broad seal Of the State be respected lot the
II tnis We're done. be promised to consider the
objections and would do full justice towards owl
ratlesnake OF prairie dog without party predlec
Dir WELLER (dem of Cal was in favor Of reference
he was an actor In the Houie the New Jersey case
and he had yet to learn that the there
had met with universal condemnation
br MAsGuM said that he remembered that the trum-
pet Of lS4V which sounded in in slnos
the aspner it did last November the ears Of
the wings, Nlowed immediately after the decision in tho
ew Jersey case, and among many charges preferred
against Van Buren, Who by the way, among the
harmonious ttefnakes owls and prairie dogs the
action Of hsSrsnds in the New Jersey The
surpsss ed since 1901.
Mr. WELLER said it news to him that the New
jersey Of the OF the overthrow Of
the democratic party in 1890 but he was young man
then and woS al to enemed As to the recent elec
tion, the Senator's party, by system Of humbus-
been signsy bcaeu he really thought the Senator might
take the defeat in better pt ThetSenator about to
retire from public lite; in b, retirement he hoped he
would have full opportunity orepcnt the sins Of his past
political course The Senator could yet do it, for in the
torn tho yjlest simmer may return (Much iaughter
GYMS offered resolution referring the credentials
of DIR Dixcn to a select committee.
Mr MAwspM moved to amend by providing that in the
meantime, Mr. Dixon be admitted to his
Mr. BiyAnp, (democrat) Of Delaware, contended that
ing when SO grave en objection appear, ia the cedsn
tias the Sena hord not wal. till contestant appears
before examining ape deciding the point.
Mr.. TouCHy, (democrat) Of Connecticut followed,
aintaniDg that the Governor had tho power fill the
vacancy ana tbs vacancy being thus filled by competent
authority it Is flied for the prescribed by the
stitutoD which till the meeting Of tue Legislature.
Could there be vacances first by death and
afterwards by ae resg Of an individual who has
BEEN months IN his grave There serious questions
involved ab6 /! houd be examined by coumittes. He
could not vote 70 admit Mr. Dixon, because MI tieri.
is still l.yrg. The matter ght not to bs pre-
cedn without elaboration and from the state Of par
ties Go polosl advantage was to be gained by deci
Mr. BnooSr (rh;g) of Miss said, Mr. Merv e.hers Gro
d.Etssls limited his ppointmen 10 the is Of SsptenDs
1852 and Il objected that the governor had power
to limit the appointment and that it continued t:i the
next L. gisiaazs lie understood the constitution when
1t said Che governor may ell vacancies till the meeting of
the Lsgisls.are limiting the appointment till the
next Legislature, bat limiting the power OF the gov
inoi to male appointments 70 chat time Senator'S
ny mt fwsI.
day Of tbs meeting OF the Legisture buS held TIL
their tuccessor arrived II the governors appoint
es.pg Of the Legislature it would Lead to strange
dffo uities. Ais ttrm expired the 4th o: March
BY ie doetins the person appointed by the
vu1 noa ert o the ath Of March out Soui1 hold
TIL january, 1854. when the Legislature you'd meet.
10 beiG the constitution ony limiting the pOEer OF
The governor appoint the His predecessor
(Nr Fcotef resg,sd his scat 70 take effect in fuscre
aure hsa the power elect in aiysnce the enpra
ton OF tbs term Of the sitting member almost every
SeDt.oT elected IN this way ard the ret Of the Ken
other
Mr. CiIssr (free soil) Of Ohio thought ths suliect
should he inquire irtb ,ef any action IL u1de-
the in preston thnt hs proceedings were valid and
sti.utio1al
Mr sEwAFn (free soil cfH T. eaia tha. every state
was entitled two sep&tcrs-no more ana no les8 The
Legislature By the constitution had the sole power Of
mailing pgimsnent appointments TO the Senats. There
i only an occasional authority tsttd in tbs governor TO
Oil Ytcsroy-the object being to enable hin 20
MI vacancy which has not and De tlle1
in ut jately ty the .Lesislstu-s and to prevent
n'erregnum in tie representation Of the State Ken
tpcly was not fully rspresented to-deY. When ad.
onrnea in Septenbe. las. Keutucxy had two senator's
To-day she has cDly one and person bearing lis
Gertiais Tom that State appesrs, aad asks
in as that other ssnetor Why snou'd ne not Hscan
not IL ncited until IL has ihorn VI. tide an6 TAKEN
the oath o. cce lite Title Is the authority confer "A on
him by the L'gIslsturez Kentucky lis credentials cay
ne is the 20 I'll the vacancy caused by the resig
Estion Of &T Clay. Pima f.cc his Is complete The
unifo custom Ct The senate has been 70 sdst 70 ths
scat me Person lfesentiDs proref creoents,s WY
Should rot inc same coUrts re pursued now There -
no aontestauJ bere. 70 say may come 10 not JUST
fer tie objection could De raised 70 everJ seStor
~ was too iSe IN the dsy 70 say the Legislature o
state has power gprsint senator's Tor vlcanry
which Is 70 accur IA future Every senator here
he'd teen elected IN aiyeaes OF The expiration cf tGs
OF his prde6essor Senators had elser right 10 resign
in future and the saturc having filled that vacancy
to occur ia future the act was valid and consttuons
Mr, CAss. (dsm q Echgan. said IL could l5t be
questioned that the Senate had full power determine
whether ony vacancy occurred in tha body No one is
sTes 10 mpugn the broad seal Of the~Stste No de-
Dicd that Mr. Dixon was elected BY the Legislature Th
question 6as" Was there vacancy &c be FLIED r. the
one 60 b u wssn IN fact no vacancy existed Senators
elected fcr six years The legislature could not at
the END OF three years declare vacsGcy to exist aud
send on new serator 20 Ill It. IN such case. tie
Senate would have 70 decide whether vacancy existed
or not Tae Senate must nov determine whether q
csEcy exists 10 allow Mr Dixon to ts sworn would he
to decide Ut once that vacancy does exist Thus the
sin point 70 is decided would ba prc6eter mined Hs
said there uss In refe!ezoei he prepsesisc
act now.
THE PsssDETr's MESSAGE, j.
Mr.. BsGHT from the ecnuaittee appointed u Tr on
tie President. reported that they had performed the day
assigned them, ana that The President stated 10 Wou
communicate with Congress - writing.
rhe subject tf the contested election was them post
pnDedi and the message was received and rsai.
On the moiion Of Nr SEWARD the ususl number CT the
message ard accompanying documents crdsssi TO
&c Ttinted.
FuTUET HOUR MEETING, Erc.
The hour e meeting ixfi a. Twelve D clock ia.y
aud then the Senate adjourned.
Hou OF Representatives
Waanrsesos, Dec 6, -le!
coyeEATuLsrIoSs-THE oPETISc, BTc.
IL h.f ,ht ana beastfI doy All -ba NJ