The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1854-01-18

The Senate, on the motion Of Mr.
SEWARD, proceeded to consider the fol
lowing resolution, submitted by him yes
terday
"Whereas, the Hon. SAMUEL s.
PnELrs was appointed by his Exccllen-
cy the Governor of Vermont, in the re-
cess of the Legislature of that State, to
fill the vacancy in the Senate of the
United States, which happened by the
death of the Hon. William Upham, a
Senator whose term of six years would
have continued till the 4th of March
1855 and whereas, it is understood
that since that temporary appointment
was made the Legislature Of Vermont
has been convened at their annual ses.
sion, and has adjourned without filling
such vacancy Therefore,
"Resoiccd That the Committee on
the Judiciary inquire whether the Hon.
SAMrEL s. PHELPS is entitled to retain
his seat in the Senate of the United
States
Mr. Foor 1t is due to my colleague
that should briefly make an cxplana.
tion to the Senate. We all doubtless
fully appreciate the delicacy and embar-
rassment of his position That position
is not of his seeking Although he may
be apprchcnsive of seeming appear
aucc of obtrusivencss in rcsuming his
seat here and claiming the right to re-
tain it. he is but acting in obedience to
the dictates of a sense of obligation to
the people Of that State, who have hon
orcd him So long with seat on this
lloor, and which, | may be allowed to
say, he has filed with distinguished a
bility. The opinion prevails in that
State, and | may say it prevailed in the
Legislature. and had more or less innu-
cnce in the Legislature in controlling its
action in reference to the election of
Senator, that i'll the event Of the failure
of the Legislature to make an election
of Senator, the previous Executive ap-
pointmcnt would continue My col
league could do no otherwise, in justice
to the State, than come here aud resume
the seat to which he was entitled upon
the face of his credentials, and present
for the decision of the Senate, the qucs
tion of his right to retain it. and the
right of the State to have him retain it
The question. Mr.. President, is an
important one and, in some of its fca
lures, an entirely new one. 1t is a
question Of that magnitude and import
ancc which ought never TO be disposed
of in n running, off-hand discussion in
the Senate, without the previous invcs-
tigation of an appropriate committee
trust that the resolution offered by
the Senator from New York may be a
doptcd. trust that it will meet with
no opposition, but that the question will
be referred to the judiciary Committee.
As n case involving complex questions
of constitutional law-as 4 case involv-
ing important questions of personal and
State rights and privileges, it is eminent
" entitled to the considcrato and patient
investigation of your judiciary Commit
tee aud when their report shall be laid
before US. we shall all be better prepared
to form a correct conclusion on the ques-
| tions involved
| came into the Senate Chamber this
morning with the purpose Of stating the
facts to the Senate upon which the case
rests. and of expressing my own views
in brief. upon some of its prominent
points, hoping at least to he able to sat
sfy Senators that the case IS not quite
so clear of all doubt against the right as
to require 30 reference and no invcstl
CATION but having discovered a genera
inclination to let the case so to the
Committee on the Judiciary. | shall re
frain from entering on the discussion o
the question until the committee shal
have made their report
Mr.. BADGER. Mr. President, | con
eur entirely in the propriety of adopting
the resolution by which this question i
proposed to be submitted to the cxami
nation of the Committee on tho Judicia
ry; aud | think that is the genera
sense of the Scuatc, in order that tn
precedents-f there be any, as | under
stand there are. although | am not my
, self at all familiar with thcm-may b
, collected by that committee, and b
their intelligent care and obsorvatio
, brought to the consideration of thel
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