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

to get clear Of any difficulty the name Of Mr. Meriwe
Their by unanimous consent be omittedn hepresent call
Mr.. CLEMENS. That is the very question which in
wolves in difficulty. we consent to. that must
vote for the amendment If Mr. Meriwether is claiming
the seat, insist that he has prma faee title because
admit as contended by his friends that under ordina
ny circumstances, the Governor had right to limit
him therefore, say he has the prma Jaee title, he
does not himself acknowledge that he is out If he is
out, then must swear in the presenting primd
Jace claim That is the very point which wish to as
certain before vote. f
Mr.. MASON have no disposition in the world to
throw difficulties in the way Of the inquiry which must
be made but cannot agree with the suggestion OF my
colleague to omit the Of this gentleman from the
roll The question undoubtedly stands thus Mr. Meri-
wether took his seat at the last session under commits
sion from the Governor Of Kentucky, which valid,
and his must remain upon the roll until II is slck
from it by competent authority. Now, the question
arses-and it is very direct one--whethsr Mr. Mcri-
weher is is not Senator. Ii he be Senator, we
have right by consent to strike his name from the
roll But the Senate determine, by judicial action,
whether he be Senator not, because the duty de-
wolves upon them under the Constitution Of determining
to the election return and qualification Of its mem
bers All three duties are conferred upon the Senate
This is preliminary question that must be met, appre-
hsnd at this stage submit therefore, to Senators that
it would be better to refer the matter to select commit
tee determine directly the question whether Mr. Meri
wether is or is not Senator That will determine
whether there be be not vacancy In the Senate Mr.
Meriwether, of course, vote upon no question in
which he has Interest," but he is apprehend, enti
tied prima acie to vote upon any question except
such any one is excluded from voting upon by the
rules Of the Senate think therefore, should refer
to committee the preliminary question whether there
be vacancy That question will be included in the in
quiry whether that honorable gentleman (Mr Nerve
ther) is now a Senator
Mr.. GWIN Id order to meet the question, have a
| resolution which wish to offer
Mr.. BADGER. rise to question of order. We must
dispose Of the resolution before the Senate before another
can be offered.
The PRESIDENT The chair is under the impression
that the resolution cannot be received nasmuch the
question pending the amendment of the Senator from
North Carolina Mr., MASGUM to the resolution Of the
Senator from California
Mr.. BADGER. / think there is some fallacy in the
which has been suggested by the Senator from Vr
gnia, who has Just taken his seat He says that the
name of Mr. Meriweher, who was sworn in under
mission Of the Governor at the last session of the Senate
continue the roll until by competent author
ity it shall be displaced from it, Now sir it will be re-
collected that Mr. Merweher took his seat in the Senate
under appointment which by the very terms OF it
limited to day which has already expired 1t therefore
does not follow from the state Of the that Mr. Meri
wether is still member Of this body In order to
tain that have to determine the other questions that
raised upon the credentials of the person elected by
the Legislature of Kentucky that the whole matter
must be decided by the vote which decides part of 1T
for If Mr. Merwether is member of this body then
the honorable gentleman who presents credentials and
asks to be sworn, is not member, and far as can
cannot become member That brings back to the
question the power of appointment Of the Governors
4
feet at future day and of involves all the ques
tions that arise upon the decision of the 1t seems
to me- then sir that there preliminary inquiry which
decide here which will leave the main subject be-
hind. Mr.. Meriwether having taken his seat under
appointment which to expire the first Monday OF
September unless something to the contrary shown he
ceased to be member that day. Well, the contrary
that shown is the construction pat upon this clause OF
the Constitution that his appointment must endure.
Now that involves several serious inquiries and brings
back again, remarked to the original investga-
tion to the right of the gentleman who offers creden-
tas from the Legislature of Kentucky and it therefore
opens up the whole discussion
intimated yesterday that it seemed to me that there
necessity for reference to committee that there
facts to be ascertaned making such reference
necessary Every thing is in possession of the Senate
Senate upon which any and all the questions involved
must be decided. The credentials of both gentlemen
show the fact upon their face of resignation in Decem
ber take effect in the September following and there
fore there necessity for reference The creden-
tails of Mr. Dixon show every fact except the fact of the
death of Mr.. Clay, which fact appears upon the re-
cords Of the Senate | observed last night and was
pleased do So looking the discussion that
took place in the Senate the day before that my friend
from Michigan (Mr CAss) had taken the same view
which did, that there necessity for reference
to committee. still retain that opinion think the
Senate is entirely competent, without the aid Of
mttee TO decide this question and far as can
committee could not afford them any aid which indi-
ydual members cannot in discussion upon this floor.
to suppose that this is the true state of
the But at the time, this is very important
matter 1t is which should be fully investigated and
think gentlemen should have opportunity Of looking
into it and preparing for discussion in order that their
opinions may be finally made up Therefore If it meets
the appreciation Of the Senate, would suggest and with
their concurrence would that postpone the fur
ther consideration Of this subject until Monday next Let
us take 1t up then and decide and fnishi see no ne
cessy for the nerpostion Of committee, and very
that we cannot decide part Of the question without
deciding the whole.
Mr.. T0UCEY. hope the course which has been sug-
gesed by the honorable Senator from North Carolina will
be adopted. find myself called upon to vote on the
amendment proposed by his colleague, Mr.. MASGua
and cannot discuss that amendment without discussing
the merits Of the whole question. bad determined to
intimate opinion, and no definite and final OPT
MON until the subject had been considered. discover
that there is disposition in the Senate to 90 into this
discussion and II has been gone into and have reach
ed the point Of voting Of acting and the very vote
TO give in judgment settles the whole question. Be
fore 1t is settled by vote Of the Senate for shall
be very glad Of an opportunity to express my views
upon it.
Now, If il understood that the question shall remain
until Monday that il shall then be discussed in the Sc
nate and that the members Of this body shall themselves
look into it and examine the precedents instead Of having
a committee TO do IL for them why the
whole question may not as well be disposed Of by the Sc
nate Monday as by referring il TO n committee that
seeming to be the pleasure Of the Senate From the i'm
possibility Of discussing the question side and not
discussing il the other partly discussing il and partly
discussing it. and still The debate going on, think
the only practicable mode is to open the subject and 20
into il Monday when Senators shall be ready TO
finally upon every question that arises. hope there
fore, that course viii be taken.
The PRESIDENT. Does the Senator from North ca
rolna to postpone the further consideration Of the
resolution until Monday next?