Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-30

th6n, D6I0B JuuB5 tenure Dy WHICH
bers hold their SEATS in exercising its judicial functions
should endeayor to carry out the intention Of the great
organic law, and recognise to its fullest extent, the
power and will Of those great constituencies which il is
its peculiar province here to represent And may be
permitted to add further that If there are any doubts
endant upon this case, the people, whose wishes
pressed through their ordinary of communication
the Legislatureshoud have the benefit of them, and
those wishes should be allowed to incline the balance. IL
is safe rule, when the Law is doubtful and argu
ment nicely balanced, to get to the primary
source Of power possble consult its WILL and obey
its behests This being done, great evil re-
suit although In stricness the judgment itself should
prove to be erroneous but, for myself can feel no
doubts Looking to the clear and manifest intention Of
the trainers othe Constitution the path duty appears
open and and to be followed without the
least hesitation whatever.
Mr.. MILLER. Mr.. President desire to say q few
words upon this case, and may as well take this oppor
tuny to say them. was of the opinion when the Sc
nator elected from Kentucky presented his credentials
that by the Old welestabished, and weconsdered law
Of this body he was entitled to be admitted ut and
in reservng the various questions which have
been since raised for the future deberaion of the Sc
nate, If it thought proper to 20 into them and am
satisfied from what has taken place. that the Senate has
made great mistake, if not committed great wrong to
one OF the sovereign States of this Union by not taking
that course
am opposed to this reference upon precedent and
upon principle There is not to be found upon the
cords of the history of the Senate have been
able to ascertain where person coming here with
formal legal credentials from of the States of this
Unon appointing him to seat in the Senate, has not at
been received, reserving the consideration of obec
tons that might be raised afterwards to his claim and
believe there is but be found the records
of the other branch of the National Legislature in which
the persons having the legal formal return were exclud
ed from their Seats and shut of the House upon the
ground that their certificate illegal fraudulent
and that the celebrated of the contested cleo
ton from the State of New Jerseya case of warming
and not, trust, case to be followed.
How then. does this present itself! Mr. Dixon,
the first day Of this session. presented to the Senate
his credentials. Thoe credentials contained three i'm
portant facts First Mr. Clay had resigned his term
Of Office from the rBt Monday in September until the
expiration Of his tern secondly that the Legislature of
the State Of KENTUCKY had accepted that resignation;
and thirdly, that thy had filed it by the appointment
of Mr.. Dixon Upon the reading of those credentials
the Senator from California Mr. GwIN) objected to his
being in the ground that there vacancy.
If the Senator meant that there is vacancy now we
all admit it, becayse the vacancy has been hled-some
gentlemen say filled twce-but in fact it has been filled
by the Legislature of Kentucky presume, therefore,
the Senator meant that at the time the Legislature of
Kentucky made the appointment there was vacancy.
He must have meant that if he meant any thing Now,
the very first question which must strike every member
of the Senate Is what power is to judge, in the first in
stance, of vacancy in the Senate The Senate No,
sir. We know nothing about vacancy to happen. We
not informed of it. We know officially that
vacancy takes place until gentleman and informs
the Senate from his Legislature Governor that there
vacancy, and presents his credentials authorizing him
to fill it.
Here appears to be the mistake which Senator's have
committed They take it for granted that we in the first
instance to Judge whether there is vacancy in the
Senate from the State of Kentucky Sir is it not fun
damenta and acknowledged principle, that the appoint
ing power must judge in the first instance whether there
is Office to fill 1t proceed to appoint to
fill Office until it determines in the first instance, that
there is vacancy We cannot determine that fact in the
first instance; the Legislature must determine it. And
when they do determine it, is not their judgment entitled
to full faith and credit until some here to show
that they have acted illegally and unconstitutionay and
that therefore their action is void?
How does this differ from the of the Senator
from Illinois, Mr. SHrELDs He presented his creden
tails, which upon their face all right. Senator
and suggested that he not legally Senator,
because there constitutional naby-that he was
not citizen at the time according to the provision OF the
consttution-hat he had not been here long enough.
The other Senator from Illinois Mr. DouGLAs) then took
the point that the Legislature of Illinois had the right to
judge of that in the first instance, and having judged
upon it and elected Mr. Shields and sent him here with
his credentials he insisted upon his being in and
SO cautious was he to the rights of his State
that he would not permit to stir step in the organ
zaton OF the Senate TO form the committees elect the
chaplain until his colleague was admitted to his seat
He was admitted, and then the question referred to
committee and upon the ascerained fact that he was
not constitutionaly elected his seat vacated.
Now, if it be true that the appointing power has the
right IN the first instance to determine whether there is
| vacancy-which they must have--the State of Ken
lucky having determined that matter, Mr. Dixon is en
He has presented it here and If gentlemen think proper
into argument about the construction of the
sttuton about the constructive rights of another claim
ant here which may take the whole session, they do
but the time the rights of the States should
be protected and Kentucky should have her two mem
bers here for the purpose Of joining in the proceedings
of the Senate But, pursuing the course we are now
taking this is likely to consume the whole session.
IL il be referred it may remain with the committee half
session. and thus, while Kentucky has performed her
duty understands the consttutonthe Legislature
having the appointing power have acted good faith and
determined that question, we, the Senate say Stand
back we have the reserved right to judge of the qua
cations Of our members and upon the suggestion that
you have acted illegally and unconsttutonaly keep your
Senator out for three months" Apply this principle to
any other body less permanent in its organization, and
with fewer members what might be the resultl liz
suggestion of this kind is prevent from being
in each may suggest it against his neighbor, and
prevent the organization Of the body altogether There
FORE say that the great question to be determined is
the question which have already given the goby, the
admission Of Mr. Dixon Immediately to his seat the Le-
gsature Of Kentucky having determined that there
vacancy having filed that vacancy, and, as shall show
other coming here to contest It,
But sir il is said that there is another appontee who
contests the seat claim has been put in here not by
the gentleman himself but by other members Of the SEN
ate that Mr.. Meriweher has been appointed to fill this
vacancy and that there persons contendng for
the same seat Now, before 60 into the question of
the law-the question of must have the
facts Of the case clearly before Some gentlemen con-
tend that under the construction of the Constitution Mr.
Meriwether is entitled to the seat. How Produce his
credentials When you to look at them they do not
touch this vacancy lie appointed, either by
the Governor the Legislature of Kentucky in fact to
gil this vacancy The fact is that he appointed to fill
another vacancy which has already TRANSFERRED and he
has retired from his seat. If Mr.. Meriwether be