Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-16
CONTESTED SEAT FROM KENTUCKY,


Mr. JONES Of Tennessee presented the credentials Of
the Hon ARCHIBALD DIxoS Senator elect from the State
Of Kentucky, which were read, as follows
KESTucRY, let:
cember 1851 having chosen Archibald Dixon, Esq Sena-
tor the Congress Of the United States from the state Of
Kentucky for the unexired term rendered vacant
BY the resignation Of Henry Clay which has been made and
accepted take effect from the frs Monday Of September
1852 until the end Of the for which the said Henry Clay
was elected Lazarus w. Powell being GoreFnor or Chief
Magistrate Of the Commonwealth of Kentucky do hereby
certify The sains the senate Of III" United s'.es
Given under my hand and the seal OF this Common
H. wealth this 9th day Of January 1852 and the sixett
year Of the Commonwealth l.. W. POWELL.
By the Governor:
Dawn MERwErnER, Secretary Of State.
A. p. METcALF, Assistant Secretary u State.
Mr.. GWlN Mr.. President, do not think there i a
vacancy in the Senate from Kentucky, and wish that
uestion to be now brought up. There two Sena-
TORS ut the close of the last session filling the eats
from the State of Kentucky, and know Of no law and
no provision of the Constitution that has created va
cancy III the seat occupied by one OF the Senators from
Kentucky since the last session therefore raise the
question whether or there is vacancy for the gem
eman whose credentials have been presented to FILL
Mr. JONES, Of Tennessee. Mr.. President | do not
know what question the Senator from California makes
Does he propose reference or does he propose that
the gentleman presenting his credentials shall not be
sworn in:
Mr.. GwlN That is it.
Mr. JONES. | hope the honorable Senator from Cali
fornia viii make motion in reference to this ques
ton and then shall know what lie proposes.
Mr. GWIN. object to tile genteman's being sworn in.
say there is no vacancy. say there is ro seat from
Kentucky which the gentleman can fill and there
fore he cannot be sworn IN.
Mr. JONES. Then the Senator from California objects
to the gentleman named in these credentials taking his
seat would inquire if there is any gentleman upon this
floor claiming be Senator from Kentucky for the
cancy occasioned By the death resignation Of Mr. Clay
II there is any such contestant here desire know it.
If there is contestant then the objection made by the
Senator from California il seems to me, cannot be main
ioA,y
propriety in his position; but not that there
is any gentleman claiming the except the gentleman
mentioned ia the certificate OF election which have pre-
sented do not understand that the gentleman who
here by an appointment from the Governor OF Kentucky
ut the last session Of the Senate is here claiming
this seat but on the contrary, understand that he dis
claims anv contest for that lie is not here asking Tor
the seat that he does not appear in the Senate take
the seat and is demanding 70 be heard the sub
iect In the absence OF any contest il to plain
according every precedent established BY the Senate
as far as have able inquire with bur soil
tary exception-that the gentleman presenting his
d-nals is be admitted to the seat for the time being
There has been but solitary where a seat has
been denied under such crcum There have been
very many cases Of contest where the credentials we're
presented ana thu Lla.s
take seats and afterwards those credentials referred
to committees and reported upon In instances
gentleman has been ousted IN others retained in his
There was, as | have said, a solitary exception.
Mr. MANGUM What was that! Was il the case Q
Lanman.
Mr. JONES. II is material as to the name. Their
was but one case apd in that the Journal does stat
the groun which he refused 10 be admitted 10 hi
seat The simple statement is, that a motion was mad
to refer his credentials to committee which referenc
was made before the oath Of office was administered
There many other cases which might mention, ant
will mention if the subject be pressed, showing tina
where there is no contestant the gentleman presenting
his credentials is entitled to take his seat The commits
sion is prima ace evidence, and the Senate have acte
upon that satisfactory and given the party holding
his seat afterwards making inquiry If there an,
question 10 be made admit, if there gentleman
here claiming the seat which this commission gives
purpors 10 give Mr. Dixon that gentleman might
here and for examination Of the subject by com
mittee but repeat again that authorized 10 50,
there i no gentleman here contesting this seat If Their
is any here contesng it, why is he not present! o
why does he authorize gentleman to say that
is contesting it? make that question. If the matte
be pressed, will 60 with the presentation Of prece
dents they have occurred in the history Of the Senate
put this question the Senate: ask them to conside
whether they will refuse Mr.. Dixon the oath Of offc
when there is nobody here claiming his seat? IL there
anything informal anything illegal, anything unconsitu
tiona in his election, how are you to get at il! 1o
must get at il by memorial, petition, or contest No ma
is here memoriazing; man is petitiOning no man
conestng the and without the slightest shadow
pretext you propose to refuse permit Mr.. Dixon
take the seat thereby DISTINGUISHING Of the States
this Unon thereby setting aside tho broad seal Of
the sovereign States without presenting to the Sc
the ground upon which you do it.
II another be entitled to the seat, name him. le
him stand up here and present his claim, and will con
slider II impartlay and II should find that he emit
tied 70 the seat over Mr. Dixon would vote to give il {
him but fthere is nobody asking for the seat how cal
refuse to give II to the party who comes with prim
face evidence that he is entitled il All men will ad
nit that Kentucky is entitled to two Senators upon thi
floor and she has but Senator on the door now as IA
as know and ii you reject this commission She vii
have but Senator because other is here ask
ing for the place. II the gentleman from California Der
sisis III this objection shall be able think 10 rreser
divers cases where the question has been clearly settle
that the commission is prima facie evidence and tha
where there is contest, he who holds il is be ad
ted to take his seat matter Of la this ca
there i no contest and therefore cannot see why the
should be any objection t. allowing Mr. Dixon 70 lie swor
Mr. GwIN Mr.. President, the Senator from Tenne
see has certainly taken strange ground in regard th
question lie talks about vacancy. ] say there is
vacancy. say that the vacancy IN the Senate from
State Of kentucky originating upon the death Of
Clay has been filled, filed at the time referred TO
these credentials and is now filed objected TO the q
denals given to the party who, contend, Nils the q
al the time they we're presented objected TO them
cause they contained limit which the Governor had
right to place there aud say that Mr. Meriwether, b
ing taken his fiji the vacancy until il is filed
the Legislature " Kentucky, is the Senator. This y
question, will acknowledge Such one has ne
before occurred in the history Of the country IL i
one in the history Of the Senate.
Mr. MANGUM IN that the gentleman is mistaken
Mr. GWlN. ! insist there is no vacancy from n
lucky and object 70 this gentleman being sworn in
Senator until the Judiciary Committee upon it.
willing TO let the question be referred 70 that commit
for investigation.
Mr. COOPER. 1t to me that ii the honora
senator from California MIR GwIS) had carefully RI
Of vacancies in this body, he would not have objected
the swearing Of the Senator elect from kentucky {,
DIxoS.)
The language Of the constitution Is that "if yacanc