Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-23


ate from the State of Kentucky, said before AS tc
Mr. Meriwether not being present here is the Senator
from Tennessee prepared to say that if is declared that
he is the Senator from Kentucky he has resigned his
the Senator sayis he prepared saythat if Mr. Dix
on's election is declared to be invalid one Mr. Meri-
wether will not come here and claim the seat that has
been conferred upon him by the Executive appointment
the Governor of Kentucky? Certainly he has no such
power Whether Mr. Meriweher is contesting the seat
not if he is declared to be Senator from Kentucky
you will very soon see him in his seat There is mis-
take about that.
As the Senator from Virginia says do not wish to oe-
cupy the time of the Senate in discussing this question
Iwant to vote | am preparedto vote, and hope
the Senate is prepared to VOTE whether not it will
LET the gentleman who applies be in wheth-
erthey will send the case ton committee for investigation
Mr.. SEWARD. Before the question is taken have a
word to say upon it. The honorable Senator from
Virginia NIr Mason seems to me to concede the whole
case in the hypothesis which he presents He comedies
very ably and fully argued the question this morning. that
where there is admitted Vacancy person who presents
credentials from the Legislature authorizing him to take
the seat thus admitted to be vacant should be received
and in member Of the Senate subject however,
the reservation that his right to retain it against
other claimant shall always be open to the examination
Of the Senate But he says principles confined
to the case where there is admitted vacancy Now,
sir ask what constitutes admitted vacancy! What
constitutes the admission Of vacancy An admission i'm
plies party qualified to admit with title to admit or
deny and act of admission opposed to act
declaration of denial ask for the party who denies in
this Let him stand forth in the presence of the
Senate of the United States and Of the American people
ask, challenge him to upon the floor OF the Sen
Of the United States and deny that there vacancy
Who is he Let him stand forth and he shall be heard
He not There is here that is qualified to
deny. Then, when man appears who is qualified to
deny the world admits regards the as admitted.
But we are told that there is somebody somewhere
who is qualified to deny and that must prove mega
fiva and hat
deny Well, sir the honorable gentleman who presents
his credentials here takes that burden Of proof vounta
rly upon himself He takes it upon himself, and does
show that any person who is alleged might make this
denial fails to and make it, and therefore admits
that the seat is vacant Yes sir, he shows that; and
how does he show There in the place in which the
honorable Senator from Ohio Mr. CHASE is sitting tenn
porarily, [pontng to the seat occupied by Mr. Meri-
wether at the close of the last session. the seat which
filled by the Senator who represented the State of
Kentucky in this Senate the first day of September
last That seat vacant THERE'S the evidence that the
place vacant 1t is prima facie evidence is suf
cient, because upon question OF an admitted
case upon prima facie evidence.
But there is more, sir in this case Not only is the
seat vacaDtnot only is the person who 1t IS alleged
might challenge this place, called and he comes no-but
there still further fact that when you refer to the
records of the Senate to whether that any other
person earth set up claim to this place. or can
be allowed to here and deny that it is vacant
find the commission which that honorable Senator, and
had And what they In the first place. there is the
commission of the Hon. Henry Clay. Will he come? No;
he resigned His resignation was made to take effect on
certain day fixed That day has elapsed, and he comes
no more What then That honorable and distinguished
Senator died before the day fixed for his resignation to
take effect and then the Hon. Mr. Meriwether appeared
here, with commission to take the place which had thus
become vacant by that lamented death There his
mission before you 1t is open to the whole world and
what does it say? 1t is commission which authorized
and required him take that seat thus vacated upon the
death Of the Hon Henry Clay, and hold ituntil when
srs Until the first Monday of September 1882 and no
longerthe very day fixed by the Hon. Mr. Clay before
his DEATH for his resignation to take effect Now, sir,
here is not only the fact that the person who is alleged
might deny that this vacancy exists does not deny it. and
that he does not appear here to deny it, but there is the
other fact that he has title to deny it and it would be
just violent presumption for the Senate, the 4h
day of March when the of the other honor
able Senator from Kentucky, MIR. Underwood whose
time then expires appears 70 take his place in the Sen
ate refuse admit that successor upon the ground
that the Hon Mr. Underwood might after all come back
and claim to fill the seat il is to make il in this
1t would be exactly the same kind OF case as that of
surprising that the Hon. Mr. Meriwether will appear here
the 7h of December 1852 take seat which he
authorized to occupy only until the first Monday Of Sep
TENDER, 1852.
forbear, did yesterday, from going into the
rts Of the question which lies beyond but cannot omit
to say that il is question which touches the right and
interest only of the State Of Kentucky but Of all the
States Of the Union. There is claim the part of
kentucky that place snail vacant kentucky
would be qualified deny would have the right deny
this vacancy and nobody but Kentucky has right to
deny IT, the Senators disputng upon title derived
under her. Now, there is opposing claim and the
State Of Kentucky appears here in the only she
appear and demands in the person of her Senator
here that he shall be received and allowed to take his
place If you deny him upon the ground which has been
urged, you may equally well in any other case when
Senator shall fill regular vacancy, Of full term
insist upon il that you will make him stand outside the
bar and his State outside the Senate chamber until YOU
have canvassed his credentials and ascertaned whether
they final and conclusive And in that case if you
keep out the State Of Kentucky you keep out
any other State you please and majority here may de-
termine for the passage Of given measures TO have
Senate consisting of such Senator'S, representing such
States shall favor srch rejoice that there
circumstance nothing in the state Of existing cir
cumstances which would give rise to the supposon that
any such purpose be entertained here and it is
because the circumstances propitious to having this
decided upon its merits without bias the part
Of any Senator, or any other motive circumstance
which could Justify the indulgence Of such suspicion
that do most sincerely hope that there may be no de-
parure from what has been the customary practice
Of the Senate that the honorable gentleman who pre-
sens himself with his credentials may be allowed to take
his seat and that the investigation which 1t may be
cessary to have about his title to the seat may result in
proper regard for the rights of Kentucky and all other
parties interested in the question.
Mr. BRADBURY. The amendment of the Senator from
North Carolina Mr MAEGus proposes the admission Of
the claimant to seat prior to the decision of the ques
tion Of right There seems TO be- in this case serious
objection to this course arising from the fact that in the
event the Senate should determine that he not ent
tied to the seat there would for the time being be three
perons VINO would have in the Senate from the State
of Kentucky at the same time This anomaly would seem
require determine the question Of right before we
admit 70 the seat II is constitutional question that
arises and will not admit Of being changed by courtesy
The honorable Senator from New York remarked that
this is question touching the rights and interests Of the
of Nv . hiatt he