Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-23
DEFERRED DEBATE In SENATE
CONTESTED SEAT FROM KENTUcKY-cosrIsu
TUESDAY, DECEMBER Z, 1852,

Reored That the credentials of Archibald Dixon Esq., be
referred select committee Of five, who shall consider and
report thereon.
Together with the amendment proposed thereto by Mr.
MANGua, viz:
And that pending the action of said committee the said
Archibald Dixon be qualified and permitted TO take his
seat in the Senate"
Mr. MASON said Mr.. President the question before us
at this moment apprehend, is not to decide upon the
right of the gentleman who has brought his credentials
here Shall we decide them for him without reference
to committeei apprehend Senator proposes that.
The question upon the reference Of the credentials
The honorable Senator who has just addressed has
attempted to prove that if that gentleman is not allowed
to take his seat at once, under these testimonials it will
violate the whole usage of the Senate Sir that Senator
is mistaken. He will find it impossible to search out
precedent where bringing credentials from Legsa
has taken his under Them unless in of
admitted vacancy and the reason is obvious to common
sense that whether he be entitled not he brings prma
face evidence that he is entitled and it is right and just
that the representation of the States should be full until
his right is inquired into If il is questioned But that is
always where there is admitted vacancy The honor
able Senator from Tennessee here that there
a vacancy say constdt 1t is not admitted Honor
able Senators have argued and argued with great force
to show at least high degree of probability that there is
vacancy but that the representation Of Kentucky at
this is full. Why, the honorable Senator from
Tennessee exutngy says, who doubt that there is
vacancy the roll has been called, the gentleman who
should fill that seat does not to his name He
might have sad with equal force that both the seats to
which kentucky is entitled in this body are vacant be-
cause regret of the Senator's from that State
(Mr USDERwooD has not yet appeared in his seat this
session. And again, Iregret to that honorable
Senator from Florida Mr. MALLORY has not yet appear
ed it might therefore, be argued with equal force that
his seat is vacant So reminded it might be in the
of the colleague of the honorable Senator from Ten
himself submit to the honorable Senator then
that that is proof that there is vacancy
Now, sir, what are the facts in this case vacancy
certainly did occur to all common apprehension, in the
representation of Kentucky in the Senate by the decease
of ed VIII
so recently called upon to lament Nobody doubts that
An honorable gentleman brought here commission from
the Governor Of Kentucky, by which the Senate in
formed that that vacancy occurred in the Of the
legislature and therefore he filled it by temporary APP
pontment. Nobody doubts that The honorable gentle
man who bore that commission sat in his here
til the close of the last session That is perfectly clear
That honorable gentleman, so far as am informed
er has resigned his seat He is absen but what does
that prove! Nothing except that he is absent and if
the fact be as honorable Senators have commended that
under the Constitution the commission from the Governor
made his office to nure until the next meeting of the Lee
gslaure he is Senator now although he il absent and
it is in the power Of the Senate if they think proper
compel his attendance 1t is perfectly immateral wheth
he present in this chamber not far his right
to the the question of vacancy is concerned
ought to entertain definite opinion this subject
until the question brought before in the usual form
the report of the committee make these remarks
only to show that il is not admitted vacancy con-
cede fully with the honorable Senator from Tennessee
that where there is admitted vacancy, and gentle
man brings here the ordinary commission of the Cover
nor if ii is that occurred in the recess Of the Legs
ature of the State the credentials from the Legsa
ture OF the State if the vacancy has occurred by the exp
ration Of term while they in session. he brings the
proper evidence to entte him to fill that vacancy and if
there question Of contest he will hold it until that
contest is decided But the whole question turns upon
the fact of the vacancy. to give no opinion on
that mean to say only that if the is presented to
the Senate prima ace when there is vacancy, and
when the representation from Kentucky full the honor
able gentleman who has brought the credentials now from
that State has vacancy 10 f and he has not there
FORE brought prma facie evidence Of being entitled to
the seat because there is to take. These are
questions which should be examined by the committee
lhsmbly submit therefore, to the Senate that it will not
be very desirable expenditure Of time continue
this discussion but that should let the matter be re-
ferred to committee.
Mr.. GWIN Mr. President, like the honorable Sena-
tor from Virginia. do intend to 90 into the dis
cusson Of this question length. did intend to do
So II had, should not have moved the reference of
the subject to committee. WISH though, to put my
self right in regard to this question: it was presented
at the last session Congress The remarks which made
on that occasion have been quoted part by the honora
bic Senator from Tennessee show that my present
course is inconsistent with that which then pursued If
that Senator had read every thing said, it would have
been plain to the Senate that my objection originated in
the fact that the Governor Of the State of Kentucky had
not performed his whole duty-that he had no right to
make appointment, and limit that appointment-that
the Constitution gave him power do So and that it
appointment filing the vacancy till the next meet
ing Of the Legislature, it appointment all
My private opinion was, that il should be declared
to be no appointment to show to the Executive Of that
State and to the Executives Of the other States of this
Conederacy that they exercise the power
ing Senator's only in accordance with the Constitution Of
the United States. opposed to the admission Of
the gentleman who presented the paper because il
IN my opinion defective Objectionable, At least
such commission had been presented before,
and wished the Governor Of Kentucky TO be notified OF
opinion that he had power fill the vacancy
cp in accordance with the provisions Of the Constitu
ton The Senate overrued my objection the time II
stated that the proper time bring up the question
would be at this session, and acquiesced not wishing
continue the discussion.
The Senator from Tennessee has gone into this ques
ton at large and submit the Senate whether he has
touchedit at all. submit to the Senate whether not
he has presented the question that is now before
action. certainly did not understand his argu-
men The question is, when resignation creates
cancy? Why, Mr.. President it cannot be contended
that the seat Of Mr.. Clay vacant when Mr. Dixon
elected by the Legislature Of Kentucky Ii cannot
be contended that there vacancy in the Senate
from the State Of Kentucky at that period and if
sgnaton IS not vacancy, how had the Legislature the
right to fill that vacancy have before a state
from the Secretary Of the Senate showing that Mr.
Clay received his per diem member Of the Senate up
to the 10Th day of June 1852 the day Of his death He
was Senator from kentucky and we paid him from the
Treasury Of the United States Senator up to that
period At his death the seat which he had occupied
became vacant but the Legislature Of Kentucky then
in session. Nobody pretends that il Therefore that
provision Of the Constitution which gives to the Cover
nors Of the different States the power 70 fill vacancies
curing in the representation Of their State gave the Gov
ernor Of Kentucky the power and he compelled fill
that vacancy if he filed il at all until the meeting
Of the Legislature. Has the present applicant for the
seat IN the Senate from Kentucky been elected by n Lee
gsaure that convened after the vacancy by death
CURED! Nobody pretends that he has. Suppose that
Mr. Dixon had been elected the letter clav