The daily union., 1854-01-06
In CONGRESS OF THE U. STATES.
Thirty third Congress-First Session.
WEDNESDAY,. JANUARY 4, 1854,
IN CONTINUATION
ATE.
fEsAroR rRosi VERMONT.

On HoNon ny Af. Hf." Anu, Tue ctbdlc pIbtetueu
to the consideration OF the following resolution, which
he submitted yesterday;
Whereas the Hon SAMUEL S PHeLPs appointed by
o ,has Sac. 10 iii vasascy ia the Senate o
The United States which had happened by the death OF The
would have continued until the b OF March, 1855 aud
wheeas II isnnderstood that since that temporary appoint
lnen was made, the legislature Of Vermont has been
yened al their annual session, aud has adjourned without
filling soch vacancy Therefore, at
whether tue Hon SAMUEL s pIs, entitled retain
seat ia tho Senate oi tho United States.
MIR. FOOT II s due to my colleague. Mr.. President
that should say iew words by way oil explanation, 10
the Senate We all doubtless fully appreciate the deli
eacy and The embarrassment Of his position bur that po-
sion is not one OF his seeking Although he may be APP
prehensve OF seeming appearance OF ob!rusveness IN
Iesumng his seat here and claimog right to retain it,
he is bu acting in obedience 10 the dictates of sense
OF obligation TO The people OF that State who have hon
oIed him SO long with seat upon this floor-whch
may be allowed 10 say IN his presence, he has filed
with distinguished ability The opinion prevails in that
State, and may say II prevailed in The legislature aud
had more or less influence in conrolng the action Of
that body In reference 10 the election Of senaor- say
the opinion prevailed there, 10 greater less extent
that 10 he event OF their failing 10 make election, the
senator under The previous executive appointment would
continue 10 retain The seat Hence my colleague could
do no otherwise, IN usccio the State, than 10 here
and resume tie sea! TO which he entitled upon the
lace OF his Credentials and present Tor the decision Of the
SENATE sne qssson o hs sh' 70 etaa j. and sbe right
President, is an important one, and in OF its ea-
lures entirely new one II is question Of such mag
nIlude and importance that it ought 10 be disposed
ot IN running dlscussion or III oil hand way by the
Senate. without previous investigation by The appropriate
comntlee. tras that the resolution offered by the hon
orabe senator from New York will be adopted. and that
this subject will be reeed 10 the Committee the Ju-
dietary trust, also, that that committee will give their
careful attentions the involves complex questions
OF constitutional law, well OF personal and State
rights and privileges so that is emneny entitled the
considerable and patient investigation OF your Judiciary
Committee. When their report shall be laid before u
shall all be better prepared Mr. President 10 form
Ved han
come into the Senate chamber lhs morning with the pu-
pose OF stating TO the Senate the facts upon which this
case rests and OF expressing my own views, in brief,
upon some o the prominent points which involved
IN the question: hoping at least 10 be able TO satisfy
aofs that the case is moi quite clear OF all doubt against
the hight OF the gentleman 10 the require no
reference and investigation but having discovered
general inclination TO let the 90 the Committee
on the Jadclary,l shall refrain f1om entering upon the
discussion OF the main question until the report of that
committee shall be laid before US
Mr.. BADGER concur entirely, Mr. President in
The popiieiy OF adopting the resolution by which this
subject s proposed 10 De referred to the careful examna
non OF tue Committee on the Judiciary believe thai
The general OF the Senate, in order that the ore
Tcedens upon The any, az understand
there are, although mol al all familiar with ben
myself-may be collected by The committee, and their in
isliisent and careful observation brought into the
slderaton OF The question submitted TO the decision
OF the Senate Therefore. sir, shall entirely torego as
my friend who has jos, taken bis seat has done, going
INTO the discussion OF subject upon which have
the material 10 enable submit deliberate and IN
tufed opinion OF my own; but IN the iime take
The liberty OF saying thai If the honorable senator from
Vermont lMr. PHELPs,l whose right 10 il
this body IS The subject o tins resou,ien could be al
lowed and would feel himself prepared having probably
examined hs subject should be extremely glad, as one
member Of the Senate. If he would be kind enough
favor us this morning with his general views in rela
tion TO The matter. do this for Two reasons first be-
cause every member OF tais body who has served with
bum knows his profound requirements lawy er. anC
me cleaTness aud force oi his understanding rea
soner and, 10 the second place. because would like
have my own mind guided, in some measure into The
oper ifame Tor an examination OF this Question; for
say frankly, Sir, although have not examined H. ina
all my own previous ncpatous and opinions have beer
strong and clear sgans the right OF The honorable seDa
Tor to continue IN his a member of th body
therefore desire 10 say that would be extremely happy
and think would be becoming and proper IL the sen
ator has examined the subject and msiured his view
upon IT, TO have him give those views TO us pre-
vous 10 the reference OF the subject and The debate which
. Will ensue upon H. II would aid us all in the formation
OF our opinions and have no doub, tha, il would no
be dsIegafdcd by my friend who the head OF the ia
dietary Committee, Mr. BUTLrR1
i Mr.. BUTLER Mr.. President, 10 making the sugges
ton which did yesterday, by wished to hsys
inferred that have any aversion TO the reference o
this subject 10 the Coumitee The Judiciary thought
as II was privileged question: At was one which should
be considered now, rather than undergo reference tl
committee. that could only cause DELAY NV remark,
were made of hand, and were designed rather for b,
benefit OF The senator from Vermont Than otherwise but
sir MS the motion has been made 10 eler the question "a
q the Judiciary Committee, my respect for that bonorab,
gentleman, my respect for the State Of Vermont and mS
respect Tor the commission under which, understand hs
claims the right reaIn the seat would be sufficient
induce me to withdraw any opposition to its going to ba
committee, That honorable gentleman has himself
upon that committee and as far AS can bear testimony
have scarcely known member OF the committee who
could examine questions with more cleaentss, or npor
whose judgment could rely 10 preference the senso
from Vermont II was, therefore, from opposition tc
I, him, and no disposition 10 comprom bis right, tina,
said what did ppon THIS matter yesterday. hope tha
: viii be generally understood.
: Mr.. PHELPS MIR President, did not come here th
morning pepared 10 20 ino elaborate Argument upor
4 the qseson at present before the Senate is m,
purpose to do so now. did DESIRE however, an oppor
unity 10 explain 10 The Senate the which have
doced me TO present myself here, claiming in bebsll
the State which profess to represent, night 10 a sea
10 this body, But the explanation which has been gisei
by The honorable senator from that State has satisfies
ne, and therefore desire TO say no upon tha
ront, trust the Senate will DO the Justice to be
eve That came here not with any persona pretepsions
but TO assert and to enforce what consider TO be In.
constitutional rights of sovereign Stale. Waving iha
matter, however, Mr.. President ] am perfectly willing
TO comply with the desire expressed by he honorable
senator from North Carolina, presenting 10 the Sen
ale, as think can do IN very few words the grounds
upon which my claim 10 a seat here rests
! am perfectly aware, Mr. President, that the general
impression ~ that which has been expressed BY The hon
orable senator from North Carolina both in and ou, o
The Senaie But. sr from careful examination Of the
phTaseoogy OF the constitution, and from an examina.
ton OF the precedenta so far as they be brought in
dicsing the sense OF The Senate from time a time,
must Say that - my deliberate opinion that the appoint
mem under which look my seat here al The last session
has not yet expired The expression OF the constitution
unet which this appointment is made is in these words
ii recoec CT Alright, that o vacancy-such a-
laa~ gb Of AL