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

in his place, il passed with the disns
understanding that when the question should be presene
again. by the appearance Of the gentleman claiming unde
the appointment of the Legislature it would be consider
ed and settled by the Senate. n
1t seems to me that it is onr clear duty refer thu
question which is of great importance commit
tee and let that committee act upon it, We cannot dis
regard the fact that Senator here to fill this
that in his behalf claim made that his term extend
ed until the next meeting of the Legislature and there
FORE adopt the amendment OF the Senator from North
Carolina Mr. MANGUa) would be PREJUDICE that very
question. | not prepared SO to do regard this
question Of some doubt and l am not ready
TO give intelligent and impartial vote upon IT, The
real question however as II seems is this Is there
a vacancy? Is there any seat in this chamber un-
filed? Until the Senate is satisfied that thereis vacant
they cannot recognise The prLfa facie validity
! of second commission And that question Of vacancy,
in my humble judgment is to be determined by the solu
ton of another, perhaps several others What is the
effect of the resignation of Senator to take effect at
future day, when accepted by the Legislature Such
sgnations have been frequent. If such resignation
ceped makes future vacancy certain then the resgna
ton of Mr. Clay created vacancy to take effect upon the
first Monday of September The resignation made
while the Legislature in session, and was accepted
The Legislature then in session. proceeded to provide for
the future vacancy by the election of Mr. Dixon for the
unexpired term Afterwards the amented event of Mr.
Cays death occurred, and presented this precise ques
ton What the vacancy created by the death If it
vacancy which extended only until the first Monday
in September the appointment of the Governor of Ken
lucky could fill only that intermediate term. IT, the
contrary that vacancy extended until the nextmeetngof
the Legislature then the of the preceding Legislature
filing by anticipation the vacancy created by the resg
nation, void act and itcreated right upon which
any person claim seat in this chamber. This state
in my judgment indicates the precise question be-
fore US. Ii Mr. Cays resignation, accepted created
vacancy take effect future, then the legislature
which is the constitutional depository in the first in
stance of the power of appointment had the right fill
the vacancy and, having exercised that right there
manned only the vacancy between the death Of Mr. Clay
and the commencement of the fractional term filled al
ready by the Legislative appointment 1t is worth OBJ
servation that this construction will give the full effect in
tended both to the action Of the Legislature and to that
of the Governor of Kentucky My impressions that this
the true construction but prefer not to upon
impression Let take little time for maturer
sideration desire that this matter may be referred
that may be carefully considered its great mpor
lance merits and that final actisn may take place upon
the report of committee of this body
Mr.. SEWARD. We are here reconsute the SEN
ate of the United States. Every State in this Union is
entitled to Senators upon this floor and and
no less. By the Constitution of the United States the
Legislatures of the States the power with whom per-
manently rests the responsibility of appointing Sena
tors to this body There is only OCCASIONAL power
ferred upon any other auhorty that is upon the Cover
nor, TO I'LL vacancy which has not been, and from the
nature of the cannot be- conveniently filled by the
Legislature in order to prevent interregnum Of the
representation of State i'll the Senate. Now, coming
here to reconstute the Senate all the States appear with
full representation may assume, except the State
of Kentucky This body adjourned, practically, the
repre-
sented here by persons Senator's this floor She
is here to-day with only one and that is the honorable
Mr. UNDERWOOD. Another person presents himself and
asks to be sworn in. That is the honorable Mr.. Dixon,
whose case is now under consideration. Why shall he
not be received? He cannot be received until he has
shown his title and taken the oath of Office He has pre-
sented his title. What is it? 1t is title conferred by
the Legs lature of his State authority which
petent appoint him. 1t is fill vacancy. Is there
vacancy here! Yes The honorable Senator from Ken
lucky (Nr Clay dead The credentials present
ed certify that Mr. Dixon fill the vacancy thus
created. The vacancy is apparent, the appointment is
direct, and 10y the authority Why then shall he
not be received The is pTiao ae completes and
in receiving Senator's it is the CUSTOM and has been the
CUSTOM of the Senate of the United States, from the
foundation of the Government to receive the Senator
who priad tdeie entitled to fill vacancy, known
and admitted to exist with commission given him by the
Legislature of the State in whose service the
has arisen.
You will see sir, that am addressing myself not to
the question whether he will be entitled TO retain his
against all who may challenge hereafter but that
claim only that he shall be received and take his
place this floor Now, why shall he not be received
hoor objention except ths that perhaps some one
else may come here and claim the seat by-andby Well
sir what is there new strange in that When the Sc
nator from Georgia Mr. DAwsoN came here to challenge
his seat he admitted and yet somebody else might
have been behind to with a better title When
here to take my seat who knew but that somebody
might and show that my credentials were false or
forged and that there better title resting in
Their claimant! We do not upon any such principle
How, then, is this to be separated distinguished
from the ordinary of Senator coming challenge
his seat? Why, told that there was Senator
here at the close Of the last session. occupying the
which this Senator claim True there was
Senator on the day that adjourned occupying that
place. But he is not here There is contestant
there is disputant of the place But it is said that he
may and will look at his credentials 1t is go
ing great way out of the customary track to look
credentials filed here former session to see whether
they may contain claim to the seat Of some person
who stands unchallenged But will look at the
dentals and what do they say? They say that Mr. Me-
rwether TO whom these credentials given and who
occupied the seat until that day. hold it until the
first day of September and longer. They say that he
Senator until that time and no longer There is
then the fact that he does not claim the seat
and the additional fact that his title does purport
extend beyond the first day Of September and leaves
this place unchaenged Therefore il appears to me to
be the ordinary Of Senator coming here with the
credentials Of his title to fill vacancy which
has occurred.
Clay whose seat is vacated died short period
before the time for his resignation take effect there
be two vacancies in the term occurring respectively
upon the resignation and death Of the incumbent and
whether it is not possible that when the Governor proyi
sonay filed the vacancy occurring by the death Of Mr.
Clay, he did not necessarily make appointment which
must be continued until the time assigned by Mr. Clay
for his resignation have only say this on that sub
Ject IN anticipation Of the great question involved when
it shall come up hereafter that it unnecessary to dis
cuss now. But have two three propositions which
throw out MS worthy Of consideration in the mean time
And in the first place. il is late in the day to say that
the Legislature offs State cannot fill place in the Senate
OF the United States when vacancy is to occur IN future;
for oil the States appoint Senators in advance OF the oc
currence Of vacancy. You and were appointed IN adj
vance, before the places vacated which we h SO
every Senator appointed for full term. That is
/ Thc IL is in dnyt IN