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

The honorable Senator from New York we are here
70 reconstruct the senate do not understand such to
be the case IN the first place matter Of fact and in
the next place as matter of principle Were we IN re
constitute IT, what effect would id have on onr nod
ings the question before us We should have the
rights which we now have, and always have had nnder
all possible circumstances, to judge whether there n !
vacancy in any seat in this body There is no Question
OF reconstruction before We are where we were in
September It IS always within the power and it Is al
ways the duty OF the Senate 70 know who its mem
| bers-whether there is any existing vacancy or lot
The honorable Senator also says that we may assume
the representation OF every State to be full except that
the State OF Kentucky do understand that assump
ton. If by full he that the members from the
States all here, it is obvious that it is SO for all
the Senator's NOT here VI by full he means that the
seats are legally occupied that ID assuming TIE very fact
before u.s. for the question under discussion as
preliminary psrt Of this proceeding is whether there is
vacancy and you cannot proceed single step forward
without determining whether there is is vacancy
you proceed 70 in the gentleman whose credenl
als have been pre- ened you determine ipso 6ro that
there is now vacancy What then the honorable Sena-
tor by assuming that all the seats of the
Of the several States except those from Kentucky are
full, must confess l cannot understand
gentleman presents himself here with creder tials
from the State of Kentucky, demanding seat upon ths
floor. There is objection raised lnasae He ure-
sents the broad seal it is called of Kentucky There
is word to be said about that No impugns it,
This, therefore, such question the New Jersey
case which has beenauded TO- No one denies that the
honorable gentleman holding these credentials was elect
ed by the Legislature of the State of Kentucky There
question whether his credentials are or are NOT
in the proper FORM There such question before us
because raises such objection But before the
honorable gentleman take his seat there is pre
mnary question that every member of this body must
solve for himself and that is whether there not
vacancy to be filed 1t is in the power of the Legis
ature of the States to determine that Nnt conclusivey
against W. hold our seats here for six years When
the appointing power is exercised it is exhausted until
legal vacancy exists No Legislature the end of three
years can send another to take the seat of who
has already been elected for six years 1t is not the
broad seal Of the State tat
would carry conviction and decide the question of right
There is member of the Senate who would say that
under those circumstances the broad seal would carry the
right with it would the right there depend upon the
election by the Legislature We look to the Consti-
tuition to ascertain the Of Office That sthe in
qury, and il is our duty TO make the inquiry Before
any member of this body take his it is our duty
TO ascertain whether there is existing vacancy and
that is precisely the question before repeat,
do not mean to touch upon that point at all ThGt is the
point which to determine; therefore, say that if
admit this gentleman TO be sworn in predetermiDe
the point, and say that there is q vacancy.
Why It'll said that there person here to contest
this seat Mr. President this is question of contest
Mr.. Merwether may be in China for aught know, and
for any legal effect it may have upon tie decision which
required to make. This is question with
gard to Nh, Meriwether. Ii is solemn question arising
under the Constitution of the United States and it does
not matter where he Isl what his Mews. He may
be absent from feelings of decacy, and matter Of
propriety and if so, heartily approve his course
have doubt that he may have abstained from taking
any part in this proceeding from of propriey.
But that does touch the great question of right
pending before the American Senate Mr.. Meriwether
is party to it, strictly. 1t is great question under
the Constitution. repeat then than this stage ofour
proceedings the very nrst question to determine IS,
whether there is vacancy; and you cannot this
gentleman in until you have determined whether thereis
vacancy; and that very point is what want TO deter
mine before vote. You appoint committee TO deter
mine whether there is vacancy, and previously you de-
eide that there is by admitting the gentleman take
his that take which horn Of the dilemma
you choose, it involves you in nextricabe confusion.
Under ordinary circumstances when gentleman pre-
sents himself knowing that term has expired where
by vacancy exists, he is admitted Of course.
But here is very doubtful and difficult question least
it appears to many For myself, do not much
difficulty gentlemen do, whatever opinion may
ultimately form That for myself to declare
whenever the proper time shall But it is certain
that you this gentleman in now, under the cir
cumsances predetermine the very point that s to
be reported upon by the committee That is my view Of
the case, as it now presents itself to my mind.
As 70 the reference to committee, am perfectly Will
ing that it should be referred: but quite will
ing take the and decide it without the inter-
venton of committee. In fact do not that the
ference to committee will do any good. do not
that there any facts to be developed peculiar
to be presented The Constitution is before us in the
hands Of every one and for one, perfectly willing
10 60 on with the discussion but do not want pre-
clude myself by determining beforehand that vacancy
actually exists at the present time We cannot vote that
this gentleman shall be in without previously de-
ermning that very point which is the point of contest
On the suggestion of Mr.. GWIN the subject infor-
mally passed over for the present.
In SENATE, TUESDAY, DECEMBER 4 1852.
The Senate resumed the consideration Of the following
resolution submitted yesterday by Mr., GwTS:
Resolred That the credentials of Archibald Dixon, ESQ., be
referred to select committee of FIVE who shall consider and
report thereon"
The question pending was the amendment Of Mr..
MANGUM to add to it the following:
And that pending action Of said committee the said
Archibald Dixon be qualified and permitted TO take his
seat in the Senate"
the Senate sir is whether the Hon. Archibald Dixon,
the Senator elect from the State Of Kentucky shall be adj
mtted to take his Objection is made to the accept
ance Of this commission, rather TO permitting Mr..
Dixon to take his and resolution has been offered
by the Senator from California AIr GwIS to refer the
question committee What good is to result from that
reference confess | am at a loss determine.
The question for the Senate to determine as il seems
me- which each individual Senator decide for him
self and upon his responsibility, is, whether the
claimant is entitled to his seat notY am persuaded
there is Senator this floor that is at all disposed
to deny him the enjoyment Of this right If he has claim
to justly founded But it said that there doubts
and propose briefly to inquire into those doubts andre
them il can.
The question Of doubt arises upon the assumption that
there vacancy II it shall be established fact
that there is vacancy, all will concur in the opinion
that it is not proper admit to seat in the Senate the
gentleman who brings these credentials But is there not
vacancy, Mr. President Call the roll Of Senators and
who responds for Kentucky 1t is seleyident It'll OBJ
vous to the mind Of every Senator that there is vacan-
cy, because there Is but claiming be Senator
from Kentucky who is entitled toa seat this hoor.
Then, far that evidence goes there being one
here claiming the seat other than the gentleman bearing