The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-12-09
THIRTY-sECoND CONGRESS.
SECOND SESSION.
wEpNEspAY. December S. 1852.
SENATE.

| EXECUTIVE COMMUNICATIONS.
| The CHAIR laid before the Senate a report from
the Commissioner of the General Land Office,
| communicating, in compliance with law, report
Of the register and receiver OF the land office at
Monroe, Louisiana, relative TO the private land
| claims within the Bastrop grant.
Also, report from the Secretary Of the Interior,
made in compliance with resolution Of the Senate,
relative to classification of the clerks In that De-
partmcnt.
| INDIAN ENcRoACHMENTs.
| Mr. RUSK submitted the following resolution,
| which was agreed to: ...". ... ...-.
Resolved, That the Secretary of State be directed
to communicate TO the Senate copies OF the CORE
spondence between the State Department and the
Mexican minister in the year 1885, upon the sub.
ject OF the encroachmcnts OF the Indians Of the
United States upon the territories OF Mexico, and
copies OF all correspondence with the authorities
Of the late republic of Texas upon the subject OF
said Indians
| FUNERAL HoNoRs AND CEREMONIES,
| MIR. HALE submitted tn, following resolution
| which was laid over
| RssolUsd, That the resolution Of the Senate,
passed on the 25th of March, 1850, which ia in
| these words "Resoiusd, That, in future, when a
member OF Congress dice, and has been buried in
the vacation, the Senate will not feel itself called
upon to extend to the memory OF the dee eased the
years usually awarded. but will restrict itself
hereafter in the appropriation of those honors and
ceremonies to cases of the death of members dur
ing the session OF Congress-" be rescinded.
| LIEUTENANT GENERAL.
| Mr.. CLEMENS introduced joint resolution
confer the rank Of Lieutenant General by brevet
for mertorious services; which was ordered to q
second reading.
| NOTICES OF BILLS
| Mr.. CHASE gave notice of bill to cede to the
State Of Ohio the unsod and unappropriated pub
lie lands remaining in that State.
| Mr.. GWIN gave notice of bill to set apart O
portion Of the public lands for the construction Of
certain railroads from the Mississippi river to the
Pacific ocean.
| APPROPRIATION BILLS
Mr.. GWIN submit cd the following resolution
| whicbswad laid over:
Resoired, That the Committee on Finance be di
rected to prepare and report to the Senate, on or
before the fret Monday ip January next, all the
general appropriation bills except the one providing
for the civil and diplomatic expenses of tho Gov.
eminent.
KENTUCKY CONTESTED ELECTION.
The Senate resumed the consideration of the
following resolution, submitted by Mr.. GwIN:
| "Res0iued, That the credentials of ARCHIBALD
Dixon, esq, be referred to a select committee OF
five, who shall consider and report thereon"
To which MIR. MANGUM had moved the followin g
| amendment:
| "And that, pending the action of the said com.
| mittee, thAsaid ARCHIBALD Dixon be now quail
fled and permitted to take his in the Senate -
| The question being about to be taken this
| amendment by yeas and nays
! The CHAIR said that the roll of Senators con-
tanned the names of all those who Senators at
the close of the last session, and among these
the name Of MIR. DAVID MERIwETHER. The CHAIR
desired to submit the question to the Senate for its
decision, whether the name of that gentleman
should be called by the Secretary.
| MIR. DAWSON called for the reading Of Mr.. Me-
RIwxTHER's credentials, in order that it might be
seen whether, according to them, his name should
| be continued on the roll.
| Mr.. BRODHEAD- said he saw no reason for
reading those credentials they would raise the
same question now pending.
| Mr. HUNTER suggested that the difficulty
could be overcome by the omission of Mr.. MEnI
wETHER's name by general consent
| Mr.. CLEMENS said the omission o. Mr. MERI
wETHER's name would determine his vote on the
| amendment Mr.. MERIwETHER was or was not a
| Senator. II he was his name should be called; if
1t was rot to be called, then he would vote to admit
| Mr.. DIxoN to the seat.
| MIR. DAWSON thought the list should have been
made up according to the credentials on file. H.
according to Mr.. MERlwETHER's credentials, he
| was not Senator after September last, his name
| ought to have been dropped from the roll.
MIR. CASS said the Senate would have to decide
| the same question on this issue as upon the gene
| raj one raised by the amendment. As to the limi
tation contained in MIR. MERiwETHERs creden.
tials, II had no force with him. The Constitution
and not the credentials fixed the tenure of the ap
pontment. lfa Senator elected for six years.
and the Governor certified only for three. it would
not affect the Senator'S right to hold his scat for
six years. The question now to be decided was,
whether there was vacancy. II so, MIR. MERI-
wETHER's rame should not be called.
Mr.. BRIGHT said that, even if MIR. MEaIwE-
TIER were present, he would not, according to
parliamentary law, be entitled to vote. The ma
nual prohibited any one voting on question in
which he was personally interested Mr. M FRI
wETHER was not present, because, from motives of
deicacy, he desired not to participate in the DELHI
erations of question in which he was interest.
ed. Mr.. M. believed himself. under the circum-
stances of this CASE to be entitled to the seat, but
would not contest 1t, being content to be governed
by such decision as the Senate might make. He
CHR. b.. believed Mr.. MERIwETHER to be the sit
ting member; but that gentleman, being interest
cd, could not according to parliamentary law vote
upon the question.
The CHAIR said that interest might determine
the right to vote, but did not settle whether the
name should be called.
Mr. CLEMENS said that Tiff Mr.. MERIwETHEn's
name was blotted from the roll, then it would be
decision that his name had right 10 be there If
this were done he would vote for the amendment.
II Mr.. MERIwETHER was entitled to the seat his
name should not be omitted from the journal.
Mr. MANG IN desired TO know why MIR. MERI
wRTHER's name appeared on the roll at all. There
we're no credentials file showing him to be a
Senator at this time.
The CHAIR answered that the roll contained
the names of the Senators present at the last ad.
Journmcnt, and il was for tie Senate, and not for
the Chair, TO decide whether Mr.. MERIwETHER was
or was not a 8 l.ator.
Mr.. CHASE asked would It not obvicte the diff.
Guilty by moving to omit the name of Mr. MERI-
wETHER?
Mr. HUNTER said that would be only putting
the same question in another FORM The only way
would be to omit the name by unanimous consent.
in which case no prejudice would be done to either
side.
Mr.. CLEMENS said that he could consent to no
such thing. Either Mr.. Dixon or Mr.. MERwEI.
TIER was the Senator, and one the other should
be called. IL Mr. MERIwETHERs name not
to be called, Mr. DIxoN's should be.
Mr.. MASON said he could not consent that Mr..
MERlwETHER's name should be omitted from the
roll. That gentleman took his seat under n COM
mission from the Governor, and his name was to
be continued on the roll till stricken off by compe-
tent authority II he were a Senator, then his name
81 ould not be omitted.
Mr.. BADGER said that he saw no niece ssty for
reference Of this subject to any committee, and
the beet course to pursue TO debate il and de-
eide it in the Senate. With a view to give all an
opportunity OF forming some definite judgment on
the subject he moved the subject be postponed till
Monday next
MIR TOUCEY was in favor Of the postponement.
Mr. BRIGHT said he would vote for the post
ponement, as by Monday the committees would
be appointed, and then the subject could be re-
ferrcd TO the Judiciary Committee
The motion TO postponc,was then agreed to-
BARaUE QUEEN OF DUNDEE,
The Senate bill granting n new register to the
barque Queen of Dundee, by the name Of Kate
Wheeler, was returned from the House with an