New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-12-07
XXXIId CONGRESS-
SENATE.


The following Senators present Messrs
Adams Atchison Baysrd, Borland. Bradbury
Bright, Broadhead, Brooke, Cas-, Chase Clarke
Clemens, Cooper Davis, Dawson, Dodge Iowa;
Dodge, Wis: Douglas, Downs Felch, Fish, Foot,
Cover Gwin Hamlin James, Jones, Tenn; King Man
gum. Mason. Merwether, Miller Morton, Pratt Rusk,
Seward Shields, Smith, Spuance Stockton, Sumner
Toucey, Upham, Wade, Weller.
PRAYER was offered up by Rev. c. NJ. Bur-
Ter in which the recent national loss appropri
ately referred TO-
Mr.. BRIGHT presented the credentials OF
Charles w Cathcart, appointed by the Governor OF
Indiana fill the vacancy occasoned by the death OF
Mr. Whitcomb.
Mr.. CArHcARr appeared and was duly sworn.
Mr.. JONES Tenn presented the credentials
of Archibald Dixon Senator elect by the Legislature OF
Kentucky to fill The vacancy occasiOned by the resig
nation OF Henry Clay, which were read
Mr.. GwIN objected to Mr. Dixon being
sworn in.
A debate ensued and is going on.
1t was suspended for few moments 10 ena-
BILE a message from the House to be received annOunc
ing the appointment of Committee to wait on the
President and inform him that Congress is ready to
proceed to business
On the motion of Mr. BRIGHT, a similar
Committee was appointed by the Senate. Messrs.
Bright and Davis were appointed and retired.
The debate on Mr.. Dxons case was re-
sumed
Mr.. GwIN said he did not think there was
any vacancy in the Senate from Kentucky. This mat
ter ought to be looked into At the close OF aet session
there were two Senators here representing Kentucky.
10
question whether there was any vacancy in the SEN
ate to be filed by the Legislature of Kentucky.
Mr.. JoyEs desired the Senator TO place his
objection in some tangible shape-to make some mo-
ton He did not understand exactly what the Senator
objected to.
Mr.. GwIy said he objected TO Mr.. Dixon
being sworn in there vacancy for hun to I'LL
Mr.. JONES said he could not sec any cause
for an objection Dixons being in He desired
very much know whether there was any one in at
tendance besides Dixon claiming the scat made vacant
by the resignation OF the death of Mr. Clay If there
was no contestant claimant for the seat, why was
there any objection TO Mr. Dixon, who presents his
credentials from the proper authority lie under
stood that the gentleman who occupied the seat in the
last session is not claimant contestant OF the
seat-on the contrary, desired to make no contest
]
sworn in In every in the history of the Senate
with one exception the person presenting credentials
was admitted to the seat and sworn in postponng the
decision Of the right to the till after inquiry and
examination In the single exception the journals gave
no reason for not admitting the party to his seat He
desired 10 know whether the Senate will refuse to Mr.
Dixon the oath OF office when there is noparty claiming
or contestng his right to the seat How would the SEN
ate arrive at contested election 1t must be by petit
tion memorial or contest, in some shape. Here there
was neither contest or petition against Mr. Dixon.
WIN then exclude him from oficel If he
cluded then the broad seal of sovereign State was
denied and that State dsiranchsed of OF her SEN
ators Let Mr. Dixon be- all others had been,
in and then ii contest arises LEI be examined Fit
should be shown tina, Mr. Merriwether, and not Mr.
Dixon was entitled lac would cheerfully TO admit
him
Mr.. GwIE said there was no vacancy in the
3 Senate from Kentucky. The vacancy occasioned by
the death OF Mr. Clay. filled by the Governor at
the last session. and the Constitution said that the ap
pontment by the Executive Of the State shall be till the
meeting of the next session OF the Legislature He
objected al the last session TO Mr. Merwethers cred
entails because of the limitation therein contained;
he was admitted however and no vacancy exists until
TIE Legislature shall meet. lie moved the subject be
referred to the Judiciary Committee
Mr. COOPER thought the Senator had not
looked Of the Constitution when be made the objection.
Mr. Clay resigned in January to take effect in septem
Der las, The Legislature being then in session filled
the vacancy which would occur before their next
meeting by the election Of Mr.. Dixon. Previous 10
September Mr. Clay died The Governor flied the
vacancy occurring between Mr.. Gays death and the
time of Mr. Dixon commencing by the appoint
tctM Ngrirv her He Of NO
Constitution regulating the subject and commended that
the Governor had only power nil vacancies arising
during the recess Of Legislature. The resignation
lad beer made while the Legislature was in session.
and under the power vested IN them by the Constit
ton they proceeded 10 fill il and did by the election
Of Mr. Dixon. This power the Legislature certainly
possessed Il well established rule that the OF
the Legislature valid and binding IL had the power
20 40 the act the time II done similar
in Pennsylvania when Mr.. Buchanan resigned 20 take
effect IN the fusure. The Legislature being in session
proceeded 70 I'll the vacancy before the expiration OF
the interval ensuing between the resignation and the
time Of lie going into effect The Legislature Of Ken
lucky having the power to I'll the vacancy which was
10 occur their act was constitutional and the party
elected by them had undoubbed night to the seat
lie regarded the Limitation in Merwethers credentials
as mere surplussge. The Governor had no power TO
oil the vacancy for time beyond that which the Lees
lsture had liked for The commencement of Dxons
term
THE Committee was here, by unanimous
consent, appointed to wait on the President, &C.
Nj. MAsGUa said there was a precedent fl
ting this exactly In January, 1912, Mr. Clay re-
sgned bic seat in the senate to take effect on the lat
Of Aprl following No notification of that resgpsiion
was given 10 the Senate The Legislature Of Ken
tueky was then u session and elected Nr. Cttenden
10 oil the vacancy to commence on the LET OF April
In the present case M Clay in Decerabe, is9i re-
signed hs sea- in the Senate take efFec on the Isl
OF September lat. TIE Senate pot no'ined Oh
this resignation. The Legislature Of Sentuczy oeins
in session, elected Mr. Dixon I'LL the vacancy "hicn
would occur in September The two cases were there
fore exactly alike In the frst M Crttcnden came