The daily union., 1852-12-08

as pe member oil tins body shall take IN giving my voe
the reception OF this gentleman IRON Kentucky whose
CREDENTIALS have been presented here while am perfectly
wiling TO have this whole Subject afterwards undergo all
proper investigation mas s#r.E
i Mr. CASS, wish TO make remark or two upon
the present state OF proceedings here and not upon
the main question before That leave TO be dis
cussed hereafter. What wish to say merely IN rel
70 The present state OF proceedings The hon
oabe senator from New York Mr. SEWARD says that
care here 10 re-constlnte the Senaie Now, do not
understand that at ALL In the first place. as matter OF
fac as matter OF principle, II here to
stue the Senate, what effect would that have upon our
moceedngsa We should have the same right as we
now have, and always have had. Judge whether
the seat 10 question was vacant not whether any
vacancy EXISTED IN regard 10 any seat in tins body
The matter. We were here in September last, and
knew who were the members Of this body then. And
q Is always in the power. as il is the duty, Of this
knew who a.s ..s @emns.s' and waa. y any,
also assumes, he says, that every in his BODY
Y het, except the seats 10. the representatives Of the
State OF Kentucky. Now, do not understand that at
all. We cannot assume that, if by doing
that all our members here for il is obvious that the
seats are not all filled But if by that he that the
seats all legally occupied except this of
Tor IRON Kentucky why that is the very question before
Ius for the question under discussion is, Whether there
IS or s not vacancy in that seat and you cannot take
single step forward without determining that there is
Is not q vacancy. What, then, the honorable senator
from New York [Mr SEWARD means by assuming
that all the seats filled here except this seat Of
senator from Kentucky, cannot understand at all.
| A gentleman presents himself here, with credentials
/ La
floor. Then the question arises Is there vacancy 10
be filled i is said that he comes here with the broad
seal OF the State OF Kentucky, and there is not word 10
be said about It, Now no man denies tina, the honora
BILE gentleman presenting these credentials has been elect
ed by the State OF kenucky no here impugns that
proceeding. 1t Is not the question at all whether the
honorable gentleman was elected by the legislature of
Kentucky, for there are the proceedings to that effect
upon record. There is such question before But
before the honorable gentleman take his seat here
there preliminary question: that every member OF this
body must solve for himself, whether there is vacancy
TO be filled not II is not in the power OF the legisla
ture of any State to determine that question. We hold
our seats here for years after the appointing power
given us the right to take them. and legislature
al the end OF three years. send other men here
take these seats not the broad seal oil the Stale that
determines that question There is not member OF this
Senate who will get up and say that that question de-
pends upon the broad seal OF the Sate upon elec
lion by the legislature We must look the constilu
tloa OF The United States ascertain the of
ohces here; and that Is now our inquiry Now them be-
lore any take his seat in this body, il is duly
TO ascertain whether there any preexising vacancy
and that is just The question before But repeat
do not mean 10 touch that point all do not TO
dscuss The question whether there any such pre-exs
ing vacancy or not But that is the point 10 de-
termlne and the honorable gentleman who presents
himself be permitted take here, determine the
question, and say that there is vacancy
IL is said that there is nobody here 10 contest the seat
There is no question OF contest, il is Mr. Mer.
wether may be IN China for augbi know, for any ef
iect he may have upon our proceedings here 1t is no
question regards MIR. Menweher, but regards the
constitution OF the United States As to whether he is
eacy' Sos o taxing "a p S
these proceedings; and II he did and that his
tye entirely approve Of his deicacy OF feeling Blu, that
does not touch the question OF right pending before
the American Senate. Mr.. MeHweher is no party TO
This question, but question under the constitution
then repeat that, IN this stage OF proceedings, our
irst duty is 10 whether there is a vacancy You
cannot permit this gentleman take his seat here with
out previously determining that there vacancy; and
that is the very point which 10 have determined
before vote. You appoint committee TO determine
whether there is vacancy, and Is proposed that YOU
determine that there IS vacancy By permitting The gen.
eman now claiming the seat TO take his place in this
body II you permit him 10 do that you involve The in
exorable conclusion that, the term OF the other gentle.
man having expired you permit him 10 do that as mai
Ter oil course. Now, this is a doubtful and difficult
quesuon-at least so Il appears 10 many. As for SELF
however, do not much difficulty about il as some
may do. We have hut 10 determine whether there is or
10 vacancy Ii certain that f you swear la this
gentleman under tue circumstances you predeiermne the
very point TO be reported upon by the committee 10 be
raised, and TO which you propose refer this question
That Is my view Of the case.
i As regards the raising OF This committee | am per.
ectly willing TO have raised and am us as will
ling 90 and consider aud decide this case without
The committee In fact, do not any facts TO be de-
veoped any peculiar advantage 10 be derived from this
initiative action OF committee for one, perfectly
willing 10 60 on with thia discussion at any time but
DO not wish 10 Tedeermne the question OF vacancy be.
lore II is determined that there ia not vacancy
and cannot vote 10 have this gentleman in with
out predeiernining the very point controversy
4 RREaDESrs MESSAGE.
i MT bRdsH 4, on The part OF the committee who were
appointed, jointly with the committee the part OF the
House OF Representatives, to walt the President Of the
lUhiied States and lntoim him that quorum of each
house had assembled and that Congress were ready n
receive any communication he might he pleased 10 make
reported that they had performed the duty assigned them
and that The President said he would Communicate 10 the
two hoases IN writing.
message received from the President OF The Uni
ted States by Mr., M. P. Fillmore his secretary trans
mntng the annual reports OF the heads OF departm
and accompanying documents.
MIR. GWiN said that he hoped that The question in re-
gard 10 the seat oil the from Kentucky would be
LAID aside temporarily until the message from the Pres
deni read,
No objection being male, the Clerk proceeded 10 read
the annual message OF the President
| On motion by Mr.. SEWARD
od,rf, That the usual amber or the message and ne
lcompanyng documents be printed.
/ Mr.. HAAlLlN submitted the following resolution:
odtsd, That 10000 additional copies Of the PIesideuts
message and accompanying documents, Ia addition 10 the
usual number be printed iDt the nse ef the Senate
| Mr II said do not desire the action OF the Senate
apon THIS resolution At this tme for this II will
be recoilected that my colleague the last offered
fesoluon requiring the various departments to furnish
an abstract OF their various reports understand that
those abstracts have been furnished by of the de-
paHments and perhaps from ALL Whether they are such
as will meet ibs APPRECIATION OF the Senate 10 90 upon
the record may be uncertain. The number OF extra
copies which will finally be required may better be finally
determined by the Printing Committee when they shall
he appointed therefore ask that that resolution be laid
upon the table
The motion agreed 10.
Mr.. JONES, Of Tennessee, resumed the floor, and
sald bad Intended, Mr. President, TO 90 with some