The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-21

ed 10 consider The bill IS 44s) the Secretary OF
the Treasury 10 issue registers to vessels in certain
which had been returned from the Hous of Representa-
ives. with certain amendments
The amendments were read as follow;
Ia line g. after the word registers" insert the words
ID line s. after the word been" inseu the ysotds ''o
shall hereafter be tE4&8 taft @AG1 ID
In line 8. after the word "been." insert The words o
shall hereafter be-"
In line u. strike the word ''value.D and in
lieu thereof the word 'cost"
MIR. HAMIlN. The first amendment offered by the
House is an unnecessary but To get rad OF il aud not
send the bill back again. hope the Senate will concur
In H. provides for the issuing OF enroments to
sells The present law provides for the issuing of regis
Ter, and when the vessel returns home port enroll
ment could there be issued. As il does harm in
der TO sbvate the necessity of sending the bill back 10
The House hope the Senate will adopt that amendment
will also say that the other two amendments merely
verbal, making prospective well retrospective.
hope they wiz ali be concuusd in. sal III
The fusstion being taken. the amendments OF the
House were concuTred in.
JAMES A. rAwKs
On motion BY Mr. CHARLTON, the Senate then pro-
ceeded, as in committee Of the WHOLE to consider the
bill from the House for the relief Of James A. Fawns,
No amendment being made, il reported to the Sen
ale, and ordered 10 third reading and ii then
read third time and passed.
SENATOR FROM KENTUCKY.
The Senate then proceeded 10 consider the following
resolution, submitted by the senator from California,
IMr. GwN:l
Reolosd, That the credentials Of Archibald Dixon esq,
be referred TO the Committee the Judiciary, who shall
consider and report thereon ts LAX.
The question pending stated to be on the amend
ment offered by Mr. JONES, of Tennessee to strike out
all after the word Resolved" and insert in lieu there
OF the following ,n-ha.
That the Hon. Archibald Dixon was duly elected by
the legislature of the State of Kentucky fill the vacancy
in the Senate occasioned by the resignation OF the Hon
Henry Clay, and is entitled TO therein" H
Mr.. DOUGLAS. 1t was my wish that this subject
AZ.
pirate committee OF the Senate. and that might have
had report upon before entered upon the argu-
ment of the question. Upon The motion to REFER it was
posed BY The senator from Tennessee '(Mr JosEs
brings up all the merits OF the question, and compes the
Senate 10 vote upon the validity Of Mr. Dixons election
much of the time OF the Senate in this discussion. but
merely wish 10 present the view OF the question which
my mind has taken, Tor the purpose OF seeing whether
And in order to do that will call the attention of the
Senate TO the facts of the case
Mr. Clay was elected senator from Kentucky in 1s4a
1851, Mr. Clay resigned. to take eec, on the 6st Mon
day of September, 1852 The legislature OF Kentucky
being then in session. elected Mr. Dixon TO ill the
cancy which was 10 happen upon the first Monday in
September thereafter, by The resignation Of Henry CLAW
On the 29h OF June, 1884, MIR Clay died. On The 9th OF
July the governor OF Kentucky appointed Mr. Meriwether
The resignation Of Mr. Clay Should lake eject Under That hat
commission Mr. Meriwether look his sea. in this body
AT the time OF the presentation of his credentials and OF
his being admitted to his seat ntim ated doubts to
the regularity Of the proceeding and opinion that it
mpst probably affect the validity OF the election which
had previously taken place have listened TO the agp
ments carefully and atienvey, with view OF arriving
al correct view of this question | am not satisfied
that the precedens which have been cited here dec
sve OF the question am not convinced that the prece
dents reach The real point presented in this case.
The eenator from Massachusetts MIR. DAvIsl remark
ed in the course OF his Argument, that there not FIVE
senator's IN this body who do MOI bold their seats by the
tenure presented IN the credentials OF Mr. Dixon. pre-
sumo the meaning Of that senator was that there
not five senators holding seats here who not elected
in anticipation OF the commencement oil their He
certainly did not mean that we were all here 10 fill
yacances. II occurs 10 that there has been a
confusion al tsrGs IN This Argument, in this citing OF
cases where The senator was sleced for full term IN
anticipation Of the sxplfaoS o. the old ons as prsee
expired of lis limitation under the constitution, and
absence OF Representation results from that cause il
no,a vacancy within tho meaning Of the constitution
Vacancies happenIng IN the representation OF olas IN
the Senate during the oil the legislature may be filled
by the gsyelneE Of the Stale but man, presume,
ever contended-eeranly rot since the Lanman cast
that governors under the power TO A vacancies, could
make an appointment 10 original term of oftee When
speak, therefore, OF VACANCIES happening in the con-
sponql sense. we must be understood meaning cases
where c term h5s once been filled and has subsequently
become vacant BY resignation Or otherwise That being
the the presidents which have been cited Of the ec
ton OF senator's in anticipation OF the expiration OF term
do not apply TO cases OF vacancy IN the constitutional
sepse
have no doub! OF the rgh, and OF the proprely OF the
States elecng n advance of the expiration OF
the existing term. il ~ copyenieDt praece, adopted
with the view that there shall be absence OF represent
alton in the event OF called session The right oil the
State 10 do cannot be questioned, because under the
constitution The night to prescribe the lime and mode OF
eeong vested IN the States, subec, 10 the
right Of Congress TO regulate that Time and mode Con.
greSs has never made any such regulation In the ABB
oi any congressional action on the subject, tbe
State has right 10 prescribe us own time IN The election
OF senator's | am inclined TO think. and haze thought
that there is necessity for congressional Dlerpospon
because State might make election three years
IN advance. oil the expiration oil term. do net think
that you'd be within the spirit OF the constitution, and yet
not prepared TO deny The right OF State TO elect years
advance under The letter OF The constitution, unless Con
gress should in,erpose, and prescribe thai the election
should be at the last session OF the legislature preceding
the expiration OF the term. However be that as may
these cases do mol reach this question
The hrst question presented here ~. was there such
vacancy on the goth oil December, 1884, as authorized
the legislature of Kentucky then TO elect Mr.. UEonl II
Is true that precedsnis support the position iha, egsa
ture, anticipation OF vacancy, which may or may not
happen given day, may elect senator 10 hll such
vacancy and that the election is good " The resignation
natures and becomes perfect That lar anyh thing
an ahS pyecedents GO They reach this poInt-thai Mr.
Clay having resigned his resignation to lake enect nine
months in advance OF it's data II that vacancy maared
and vacancy occurred IN pursuance 81 y on that day
lhsein designated, then The election OF Mr. Dixon 10 h
that vacancy valid. That is the full extent 10 which
any precedent that havo seen does 90. am no, pre-
pared TO say that ii this an original case should
decide IL in the way those precedents indicate Pc i'm
upon my mind that should reverse ihs
upon this question 10 argue any point IN the case which
does not directly bear upon y, and which ~ not essential
10 the decision Of the question
10 this case, although Mr. Clay had resigned. 10 lake