The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-12-21
THIRTY-SECOND CONGRESS.
SECOND SESSION
MONDAY, December 20, 1852
SENATE.

RESIGNATION OF THE PRESIDENT Pro TEMroRE.
The Secretary read 10 the Senate letter from
the Hon w. X. KING, requesting him to lay be
fore the Senate the following letter OF resignation
OF HE ONCE OF President pro femp0re oil the senate
WAsHISGToN CITY, December 20, 1852.
SENATORS: The feeble state oil my health renders
ME unable to discharge the duties OF President p'0
tenn. Accept. beg you. my resignation OF the
honorable position in which you have, with so much
unanimity, placed me.
In taking leave of you. Senators, permit me to
express my grateful Acknowledgements for your
uniform personal kindn. So and the generous sup
port you have failed to give me in my efforts
TO preserve order and enforce the parliamentary
law May metCiful Providence preserve to each
Of yJu the greatest of all earthly blessings
With the highest respect and esteem, am your
uheiient servant,
WILLIAM r.. KING.
SENATOR FROM SOUTH CAROLINA.
Mr.. BUTLER said he desired TO submit
ton, for which he read precedent. His colleague,
who had been elected by the Legislature of South
Carolina to fill vacancy occssioneh by the resig
nation Of the lIon X. b Rhett, was now in a.
tendance. The precedent was, that when the
Hon. w. II KING fret appeared in the senate
there was no presiding officer, and on motion OF
MIR. BAyARD the oath of office administered
/" him by Senator. He now moved that the oath
OF office be administered to his colleague by the
Hon. JOHN DAVIS
The credentials Of the Hon. w. F. DE SAus-
SURE then read and the motion having been
agreed 10, the oath of office administered TO
l!ln hy non. MT. DAVIS.
ELECTIoE OF PRESIDENT TEMPoRE.
Mr.. BRIGHT submitted resolution which was
agreed to, appointing the Hon. DAVID r. ATcHi
soH, of Missouri, President pro tsmpore of the Sen
ate of the United States
Mr. ATCHISON then took the chair and said:
SENAToRs: Permit Inc to return to you my
thanks for the honor you have again conferred
upon me, and at the same time to express my re
greet in common with every other member OF the
Senate at the cause which has produced The neces
sit
time. | cannot expect-indeed ii would be n vain
expectation upon my part-that shall be able to
render this body the same degree OF saisfaC ton
us presiding officer that my predecessor has
deret. Bot it may not be IN bad taste for me to
say that pledge myself at least such PRECEDING
officer to act wthlinPartiality towards all
TRANKs 10 THE HON. ". h. KING.
Mr. DAVIS submitted the following resolutons
which were unanimously adopted:
Rssolped, That the thanks of the Senate be pre-
scented to the Hon. w R KING for the ability and
courtesy with which he has discba ged the duties
OF President pro tenn. OF the Senate.
Resoipfd, That the Senate regret the indispos
ton Of the Hon. w. 4. SisG, which has occasoned
the resignation.
After the presentation Of numerous petitions
LUEATIC ASYLUM.
Mr.. SHIELDS submitted the following resou
ton; which was agreed TO:
Rssolued, That the Secretary Of the Interior be
requested 10 inform the Senate whether any steps
sase been taken to establish lunatic asylum in
iarly whether site for the asylum has been
purchased; and. if so, where the is to be
located; the quantity OF land purchased, and the
price for such land; and whether the purchase is
absolute conditional, and what part of the price
has been paid; a so, how much OF the appropriation
of one hundred thousand dollars il expended, and
Tor what purpose expended.
MEXICAN BOUNDARY EXPENDITURES.
MIR. CLARKE submit cd the following resou-
ton, which was agreed
ResOsed, That the Secretary of the Interior be
directed to report 10 the Senate the amount Of the
several appropriations made by Congress for p ros.
ecuting the survey of the boundary between Mex
leo and the United States since the organization of
the Boundary ComiHission and also TO report how
much OF said APPROX. iations were expended by
Mr.. Commissioner Weller, and previous to the
appointment Of Mr.. Commissioner Bartlett; how
much was drawn for and expended by Colonel J.
ID. Graham, at one tHls chief astronomer of the
Commission, and how much has been ex pended by
MIR. Bartlett; also whether any portion Of said ap.
preparations has been expended by othcra than by
the commissioners and Ivy the astronomer herein
before named; and. if so. how much.
ADDRESSES a,R. WEssrEas DEATH.
DIR. q WIN submitted the folio " ing resout ion
which agreed to-
Resoirsd, That the Committee on Printing CO Ise
TO be published and bound in pamphlet form in
such manner ~ may seem to them appropriate
for the OF the Senate lO, 900 cupe. Of the adj
dresses made by the members of the Senate and
members of the House OF Representatives. together
with much OF the mes age Of the Precedent OF
the United States at the commencement of the
s-ssion az relates 10 the death Of the Hon. Daniel
Webster.
KENTUCKY CoNTEsTsD ELECTION CASE.
The Senate resumed the consideration Of Mr.
GwINs resolution to refer the creuentia ais of t.c
Hon ARCHIBALD Dixon to the Judiciary Com
mittee.
Which Mr.. JoNEs, OF Tennessee, had moved to
amend by striking out all after the word resolved,
and insert that the Hon. acHIE Id DIXON was duly
elected Senator from Kentucky TO fill the vacancy
caused by the resi- gnaton OF the Hon. Henry Clay,
and therefore was entitled 10 be admitted and sworn
such Senator.
MIR. DOUGLAS said that he would have pre-
terreI that the whole matter should have been
ferred to the committee and that the debate should
take place on the report. But the amendment
pending brought the whole merits before the Sen
ate, and the vote thereon would deternline the
whole question. He stated the facts of the ca-e
He considered there was precedent for this case
The cases OF an election by the Leg stature in
tcpaton OF the expiration OF the constitutional
term of Senator were not precsdents for this
case, which wac an election in anticipation Of a
vacancy which might occur IN the recess. An
election in advance OF the expiration of constiu
tonaf term was proper and valid, in order that
there might be no interruption in the representa-
ton of the State.
The furthest that could be said that the pre
cedents extended wac that the Legislature may
elect in advance to fill vacancy which may oc-
cur, provided the contingency upon which the
vacancy is 10 happen does take place, as that the
resignation TO take effect does actually lake place
This be consi dered was sanctioned by the prece-
denf; but if the question was now original one,
he did not think be would have sustained it. II
Mr.. Clay had lived and his resignation had become
matured, the election Of Mr.. Dixon would accord
ing to precedent, be valid. But that resignati IN
never was completed, never vas matured. No
vacancy occurred in September, when that resg
nation was TO go into effect. Before it could have
been matured a vacancy did occur, by the death
Of Mr.. Clay. variety OF causes might have
dered that resignation imperative Death, reno
val from the United States, or the acceptance of an
office, would have made the sea vacant at any
time before the resignation was to take effect.
The seat was not vacant at the time when Mr.
DIXON was elected. for Mr. Clay was then here in
the discharge of his duty, and remained in hs city
enjoying all the functions OF Senator for six
months afterward.
vacancy occurred in June, and then ky the
death OF MIR. Clay, ana by his resignation,
the Leg islaure not being in session il became the
duty OF the Governor to fill it by temporary ap
pointment which appointment, by tins Constitu
ton extended to the next meeting OF the I.egis-
lature.
This was a case where the Governor waa autho.
rlzed to make the appointmen It, and the tenure of
that appointment war fixed by the Constitution as
continuing till the next session of-the legislature;
no power existed to shorten thai term except
where the constitutional term expired before the
next meeting Of the Legislature.
The Constitution expressly provides that vscan.