The daily union., 1852-12-09

remarks which then made have been in part quoted by
the senator from Tennessee, with view 10 show that
my present is inconsistent with thai winch puf-
thing said ia reference 70 This subject at The last session.
he wond have found discrepancy. My oo]ecton tnen
account OF tbs fact that the governor DID NOT per-
form his whole duty that he had right IA making an
appointment 10 limit that appointment; that the con-
stuiion gave him such power and that was either
an appointment hilng the vacancy until the next mseng
lo the legislature or il was no appontment al all
My own private opinion was that il should be de-
clared to be no appointment, in Older 10 show me
executive OF the Slate and of all the States OF this
conledeacy. that they must exercise the power con-
TERED upon them according TO The constitution o. the
United States, ] was opposed to the admission OF me
gentleman tnen presenting himself from Kentucky VIVA
those credentials because il in my opinion a,defsc-
tive instrument II was at least such was never
o ha
vacancy, but that he must m IN accordance with the
provisions OF ,he cons,itaon The Senate At that tune
oyenuled my objec IN, and admitted that gentleman to
seat ia this body II stated ,ha, the proper time to
consider the question OF these credentials would be at the
present session. In that acqulesced and consequently
in the discussion al that time made but very lew re-
marks s5ss sl.a- lsss
Now sir, the senator from Tennessee Mr. JoNEsl has
into the Discussion of the merits Of this question:
and submit the Senate whether he has touched i at
all whether he has presented the now before US
for action certain ly did not SO understand his ar
gument. The question is whether the resignation cre-
ales vacancy 1t cannot be conended that seat OF
Mr. Clay was vacant when Mr.. Dixon was elected by
the legislature OF Kentucky II cannot be conended that
OF Kentucky upon this II 'or al that period Aud re-
sgnaon vacancy, hos had the legislature night
10 fill vacancyi Now, Mr.. President, have D fore
by The Secretary of The Senate, showing
that Mr. Clay received his per diem, as member OF the
Senate up The 29h OF june 1852 the day OF his DEATH
He the senator from Kentucky up 10 that perod and
we paid him a OF the United States up 10 that
period. Now, sir think that was the first day when
here was any vacancy at all i was men una. ms zee.
in session Nobody pretends that il was Therefore,
that provision Of the constitution which gives the govern
OF the State the power to fill vacancy conferred upon
The governor of Kentucky the power to fill the vacancy;
and he compelled to fill il. il he filled at all until
The next meeting OF The Legislature Now, sir, has the
present applicant from the State OF Kentucky been elected
| by legislature which convened after The vacancy te
which have referred took place. NOBODY preends that
! he has 6.t
Now, suppose that after Mr. Dixon had been elected,
in Consequence OF Mr. Clays having resigned his seat
prospectvely, Mr. Clay finding that he failing more
rapidly, had written e,Ier resgnng his seat al that
momen and that some other gentlemen, Hon y Crit
linden example, had beea elected instead Of Mr Dix
on should like To know, in OF this SECOND resxna-
uon, f,r what period Mr. Cruenden would have taken
his seat. should like TO know whether he would not
have aken his seat for the enre remainder Of the tenn
Tor which Mr. Clay elected. Another case: Suppose
that Mr.. Clay bad died last January during the session
OF The legislature and that the legislature had proceeded
10 fill the Ecy thus created by eeclng another SEN
aor, and that they had not elected Mr. Dixon; who
weuld now be the senator in place of Mr. Clay No
can pretend IN the face ol the Senate that Mr. Dixon, II
not reelected in thar could have taken the
seat unless af e the whole term had expired Or sup
pose that Mr. CLAY had died in January last, and that
Mr. Dixon himself had been elec ed to fill the vac incy
occasloned by his DEATH what credentials would he have
presented here Should have heard OF that pa
per! Never, SIR would have been sent here at
all insist upon il that the governor OF Kentucky had
right TO put Limitation upon his appointment in
sisted upon before. That is The ground now occupy
do not wish TO PREJUDICE this question whether there is
vacancy As TO Mr. Meriwelher's not being present.
he has not resigned his seat; aud the Senate shall de-
clare him 10 be entitled TO the seat, is the honorable
senator from Tennessee prepared TO say that he Will not
come and take that seat Is the senator prepared say
/ hat nj Mr. ele ia
Merwetber will not here and take the seat con-
ferred upon him by the executive appointment OF the gov
emor of Kentucky He has no authority TO make such
a statement. Whether Mr. Meuweher is contesting the
not il he is declared 10 be the senator FROM Ken
tucky you will very soon see him in his sea there no
But, as the senator from Virginia says do
occupy the lime OF the Senate in discussion. want the
vote. prepared TO vote, and want the question Ia
ken whether we will let The applicant be sworn in now,
or whether shall first investigate the question. That
is the point wish 10 make. Wtf
Mr.. SEWARD demanded the yeas and nays upon the
amendment
The yeas and nays were ordered
/ Mr.. SEWARD. Mr. President. before the question is
taken have word more 10 say upon it, The sonoia-
Bile senator from Virginia [hlr MA,osl seems to
have conceded the whole in the hypothesis he has
presented lie comedies 10 the honorable senator from
Tennessee, Mr.. JosEs,l who has very ably and
very fully argued the question this morning, that whes
there Is admitted vacancy the senator who presents
his credentials from the Legislature a his State author
izng him 10 take the seat thus admitted 10 be vacant,
shall be received and sworn in member OF the Sem
aie-subec however 10 the reservation that his right
retain Il against other claimant shall always be
open for examination by the Senate But he says this
should be distinctly confined 10 where there Is
admitted vacancy. Now, sir ask what constitutes
admitted vacancyl What constitutes the admission OF
vacancy An admission implies party 10 admit, quail
bed 10 admit entitled 10 admit 10 deny, and act of
admission as opposed 10 act of declaration denial
II ask for the party who denies her.l Let him stand
forth the presence OF the Senate OF the United States
aud the American people. challenge him 10 come upon
the 0or OF the Senate o the United States, and deny that
there is vacancy. Who is he Let him stand forth,
and he shall be heard. But he comes not. Being sol
emDy called he makes default There is no one here
denying who isqua6ed to deny. When no man appears
who Is qualified TO deny the world admits.
But we are told there is somebody somewhere who is
quahed 10 deny, AMI that therefore prove the
negative, and prove that such person who does ad
mt WE'LL sir, the honorable senator who presents these
Credentials takes that burden OF proof voluntarily
he takes II compul-ively upon himself, and he does
show that every person who il is alleged might make
The denial fails 10 come and make IT, aud thereby admits
that the seat Is vacant Yes, sir, he shows all that; and
how does he show IL There, sir, that seat in which
the honorable senator from Ohio - sitting tempo
rary, II fecoect aright-that which f. led by the
senator who was the representative OF Kentucky, 10 this
place on the FIRST day OF Sepembef--thai seat s
vacant hete is the evidence The seat beng vacant,
that the piae vacant prim1 fIce eyidence II Is
sufficient, because we are upon the question what is an
admitted case upon prima Jicis evidence
but there Is more, sig, ihan this not only is The seat
vacant-noi only s the person who II ia ALLEGED might
si further the fact that when you refer TO The records
Of The Senate 10 whether that person or any other
person upon earth NJ claim this place. or can
be allowed here and DENY that yon