The daily union., 1854-01-04

The Hon. ANDREW Z. BUTLER, from the State OF South
Carolina The Hon HrsRY S GrYEa from the Slate OF
Missouri. and the Hon SAM HoUsroN from the Stale of
Texas, appeared IN their seats this morning.
SENATOR rRoM VERMONT. #
MIR. SEWARD. Mr. President. | desire TO call the
attention Of the Senate this morning 10 question Of
oable gentleman from the State Of Vermont appear and
take his seat as member OF this body. am sure that
all the members OF the Senate. like myself, have re-
ioced in receiving and welcoming him here But al
lie same hme i, i known 10 The Senate that the cir
cumstances under which that gentleman now appears in
his peculiar and tbeysr SAID although do not
know how that may be, TO be The facts IN this
case are understood 10 be these That during the
OF the legislature of Vermont Mr. PHsLPs appointed
by the governor Of that Salc 10 Ill The vacancy which
happened in consequence OF tine death of the honorable
Mr. Upham, which took place duriog the recesshe be
longing ha, class Of senators whose terms expire on
the 4h day of March, 1855 Mr.. PHELPS appeared and
took his seat and attended during the last special
sion OF The Senate II is understood that since tna time
the legislature OF Vermont has convened and has adjourn
ed die without filling the vacancy and the question
that now arises is. whether by that adjournment OF The
legislature the seat OF the honorable senator from Ve
mont has been vacated or not This s question proper
be brought before the Senate and seemed to be due
To himself that il should be brought before the Senate
The gentlemen this side of the house feel that il
would be ungacous to require that the question should
be raised the opposite sde o the chamber, aud il is
proper that some this side should present il. Al
consultation with the honorable senator himself, and
ns ,sat should raise the question :" T because have
heretofore objected somewhat sTenuOusly to the admis
sion of some senators coming into the chamber on the
opposite aide OF the house. and have insisted
fu scrutiny OF the circumstances in their cases. 1t is
supposed aso that no can doubt my DESIRE or the
desire of this side OF the chamber that the State OF Ver
mont should be fully represented here; an indeed that
il should be represented by the honorable gentleman
who claims the seat, If be done consistently with
the constitution and the laws Of the United States.
Under these circumstances, sir beg leave 10 offer The
following resolution:
Whereas the Hon. sAmusL 8. PHELPS appointed by
his exceency the Of Vermont In the of the
Legislature Of thai STATE 70 h vacancy in the Senate OF
Hon William Upham, senator whose term OF six years
would have continued until the 4th OF March, 1858 and
made the legislature OF Vermont has been
vened at their annual session. and has adjourned without
filing such vacancy therefore,
Rssop,d, That the Commi,,ee the Judiciary inquire
whether the Hon. SAMUEL S PHELPS is entitled retain
seat in the Senate of the United States.
Mr. SEWARD II there be no objection, ask the
consideration OF that resolution at this time.
Mr. BUTLER. will inform the honorable senator
ftom New York. that al this time there is notQ quorum
of that committee in the oily, and there s not likely
be very soon, as understand. think, Mr. President,
that this is OF those questions which ought to be
considered primarily by the Senate Itself aware
that The subject has been before the Judiciary Com
mttee former occasion but on another occasIonn
the OF The honorable senator from Kentucky, Mr.
DIxoH1-it was deemed proper that the Senate itself
should consider the subject and dispose OF Immediately
think myself that thai is the proper course; and hope
the senator from New York will either withdraw the mo-
ton 10 refer il that committee let it lie for
day or two il any other members OF the committee
arrive.
The PRESIDENT. If there be no objection. the fur
iher consideration OF the resolution will be postponed
until tomorrow.
Ii accordingly postponed.
MEMORIALS, PETITIONS, ETC.
Mr.. PETIT desire to presen, four memorials Of
citizens OF Indiana in favor OF The construction OF a
around the falls OF Niagara which desire to
b. referred to toe Committee Commerce; and refer
the committee also, 10 joint reeolye Of the general
semby Of Iadana on the same subject passed al The last
The motion agreed 10.
Mr.. SEWARD presented five memorials of cilizens
and business men OF Oswego. New YORK, praying the
construction OF shpcaDa around the falls of Niagara
which were referred 10 the Committee on Commerce.
Mr.. s. am requested by Joseph L. Smith to present
TO The Senate memorial, praying that the Presidents
annual message with the accompanying documents. the
Patent Office reports geological and Typographical reports,
and such other documents Congress may deem appro
pirate, may be distributed among the several common
schools throughout the United States. In compliance
with the wish OF the memoriais | move that The memo
rial be referred to the Committee Patents and the Pa
tent Office.
Mr.. SHIELDS presented the petition ci Ann Eliza
Cbds, widow OF General Cbilds. praying pension
which was referred TO The Committee on Pensions.
Mr.. s. also preseSted the petition Of Morris Powers,
praying pension on account OF disability incurred du-
ring the Mexican war; which was referred to the Com
mittee on Pensions.
Mr. s. also presented the petition Of citizens Of Hi
nos, praying the construction OF subleranean line Of
Telegraph from st. Louis to San Francsco which was
Mr. BRIGHT presented the memorial OF J. >. Neal,
master and owner OF the steamer Falcon, plying be-
tween Cincinnati and New Orleans, praying tha, the
name of said steamer may be changed TO thai of the
"Qneen Ciiy;" which was referred to the Committee on
Commerce
Mr. b. also presented the petition OF David Hines,
praying remuneration for damages sustained IN conse
quence OF change Of the grade Of Pennsylvania avenue
in The city of Washington; which referred TO the
Committee on the Dislriet Of Columbia.
Mr. SUMNER presented the petition Of Edward Ham
ilton citizen Of Massachusetts pray that the pres
en duty upon coal be repealed and that hereafter this
article be allowed 10 enter free OF duty into the ports OF
the United States which referred 10 the Committee
on Finance. tu
in relation TO ihe claim Of Zadock G. Ingram TO be
leased from judgment obtsioed against him by the Uni.
ted States which referred 10 the Commtee on the
Post Office and Post Roads
Mr.. HAMLlN presented the petition OF citizens OF
Presque lsc and its vicinity, in the State OF Maine,
praying that mail-roue may be established from the
boundary hne between that Stale and the province OF
New Brunswick. to Aroostook which was referred 10
the Committee on the Post Ohce and Post Roads
Mr. BADGER presented the petition OF the adninis.
traitor ot David Rchardson, soldier during The war ol
the revolution, praying TO be allowed the difference be-
tween the pension saiA Richardson received and the
amount he represents him 10 have been entitled 10 J;
which was referred TO the Committee on Pensions.
MIR. CHASE presented the memorial OF Isaac Moore
and other soldiers OF the OF 1912, praying for the
came quantity oi bounty lands that has been gwen to
those who served in the war with Mexico; which was
referred 10 the Committee on Public Lands
Mr.. ATCHls SON presented the petition OF James Me-
Daniel and others. praying the establishment OF tn
weekly mail from Kansas to Platte city, in the State oil
Missouri which was referred 10 the COMMITTEES on the
Post Office and Pos, Roads,