Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1854-01-13
Cungrrsg.
SENATE.
WEDNESDAY,, Jan 4.
VT. Senatorial REPRESENTATION.
SENATE.

The Senate, on the motion Of Mr.. Sew
ard proceeded 10 consider the following
resolution submitted yesterday, the Sd inst.
by Mr.. Seward:
Whereas, the Hon. SAMUEL $. PHELPs
was appointed by his tNcellency, the Gov
crnor of Vermont, in the recess Of the Leg
islaturc Of that State, TO fill the vacancy ~
the Senate Of the United States, which hap
pened by the death of the Hon. William
Upham. a Senator whose term OF six years
would have continued tail the 4th Of March,
1855; and whereas, 1t Is understood that
since that temporary appointment was made.
the Legislature Of Vermont has been con
vencd at their annual sessicn, and has adj
Jouned without filling such vacancy -
Therefore.
ResOired That the Committee on the
Judiciary inquire whether the Hon SAMUEL
). PHELFs Is entitled to retain his seat in
the Senate Of the United States"
Mr. FOOT. 1t is due TO my colleague
that should briefly make an explanation TO
The Senate. We all doubtless fully appre
cate the delicacy and embarrassment OF his
position. That position is not Of his seek-
ing. Although he may be apprehensive uf
seeming appearance Of obtrusivcness IN
resumng his sea- here and cuming tie
right to retain 1t, he is bat acting in obedl-
ence TO the dictates Of sense of obligation
to the people of that State, who have honor
ed him so long with a sent on this floor. and
which, may be allowed to say, he has fl
led with distinguished ability. The opinion
pr, walls in that State, and may say il pre-
vailed in the Legislature, and had more or
less influence IN the Legislature IN control
ing is action IN reference TO the election
/ OF q Senator, that IN the event of the failure
/ OF the Legislature to make an election of
/ Senator. the previous executive appointment
would continue. Ny colleague could do no
Otherwise, m Justice 10 the state. than come
here and resume the seat 10 which be was
eutited upon the face Of his credentials. and
present, for the decision of the Senate. the
question Of his night to retain il, and the
right Of the >tte TO have hitn retain it,.
The question, Mr. prcsil nt is am import
ant one; and in some of It's features. an en-
urcly new one. II is question of ih1t
magnitude and importance which ought
never 10 be disposed Of IN running, off.
hand discussion 10 the Senate, without The
previous investigation ofan appropriate COM
mitiee. | trust that the resolution offered
by the Senator from New York may be-
adopted. trust that it Will meet with no
opposition but that The question VII be re-
ierred 10 the Judiciary COMMITTEE. trust
the resolution viii meet with no opposition.
As a case involving complex questions Of
constitutional iaW--us a case involving in-
pofianl md personal state rights privileges.
1t is emlncnuy entitled 10 the consldcrl,c
and patient Investigation of Your judiciary
Committee; aud when their report shall be
0id before us, we shall all be better prcprr.
ed To form correct conclusion on the qucs- &
tons involved
J cane into the Senate Chamber this
morning with the purpose of Stating the
facts 10 the senate upon which the case
rests, and of expressing NY own views. IN
hrct upon some otits prominent points, hon
ing at least 10 be able tu satisfy Senators
that the case is not quite SO clear Of all
doubt against the right as To require no re-
terence and no investigation but having
discovered general inclination To let the
case 20 TO th" Committee Oh the Judiciary.
] shall refrain from entering ON the discus
sion Of the question unid the committee /
shall have made their report.
Mr.. BADGER. Mr. resident concur
entirely IN the proprleiy of adopting the reso. =
luton by which this question is proposed 10
be submitted Ia the examination Of the
Committee on the judiciary and think
TINT Is the general sense of the Senate, IN
order that the prcccdcuts-if there be any,
as | understand there are, although am not
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