New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-01-04
xxXIIId coNGREss-Fmsr SESSION.


Messrs GEYER and BUTLER appeared and took their
seats day
Mr SEWARD rose to a question Of privilege He said
that Senators must have seen during last week. gentle
man occupying in the Senate Chamber "a Senator
from Vermont While all would rejoice 10 have the hon
orable gentlemen member of the Senate still the cir
cuusances under which he appears here are somewhat
peculiar and it is said referring to Mr.. Phelps now the
facts Of the are these.
During the recess OF the Legislature Of Vermont Mr.
Phelps was appointed by the Governor to ill the acancy
caused by the death OF Mr. Upham who died during the
recess He appeared and took his seat at the last session
Ofthe Senate but since understood the Legislature
Of Vermont have assembled and have adjourned ne de-
without filing the vacancy. Mir phams turn would not
expire till March, 1853 The question is whether Mr.
Phelps can longer fill the vacancy under the temporary
appointment of the Governor IL was considered some
what delicate for the question 70 be raised the other
side Of the Senate and Il had 20 be raised by some
end after consultation with several Senators, and with the
gentleman himself il wss thought he, Seward shoul
raise the question He offered resolution recitng the
facts and concluded with declaration that r Phelps be
allowed 10 retain bis seat. He moved that the resolution
be referred to the Committee on Judiciary
Mr.. BUTLER said that no quorum OF that Committee
was in the city He thought these questions ought to be
primarily considered in the Senate such had been the
case with respect TO Mr Dxon's seat
Mr. BADGER suggested that the resolution lie over till
to and in he mean time Senators could determine
what ought to be done with il.
Mr. SEWARD-Very well. Laid over.
Numerous petitions were presented
Mr.. GWIN introduced bill granting land to California
TO aid in the construction of railroads therein
Tie bill heretofore introduced by Mr.. GWIN directing
tie appointment Of District Judge for the Southern Dis
tric OF California with leave for the Judges TO alternate
in the performance of duties taken up and passed
Mr.. SEWARD presented numerous petitions, praying
for the construction Of a Ship Canal around Niagara
Falls
Mr. SUMNER presented petition for a repeal Of all
duties coal and that il may be made free.
Mr. CHASE presented the memorial of a citizen Of
Ohio alleging tie discovery Of an agent TO prevent cho
era, and suggesting its use on emgrant ships.
Mr. BRIGHT gave notice Of a bill to establish Board
to examine claims against the Government
hr. BR0DHEAD introduced another bill to punish for
eountsrfeitirg coin OF the United States
MIR CHASE moved to take up the bill dividing Ohio
into two JudiciafDisetricts. Agreed to.
MrWELLER asked if tia Legislature of Ohio had
MNCHASE said he was not aware of what action the
Legislature had taken.
Mr. WELLER thought if the bill was needed by the in
of the State the Legislature woud have taken
action the subject He knew there great diversity
Of opinion in Ohio on the question.
Mr. ROGERS said the last section Of the bill framed
On what he regarded wrong principle. IL required
the Judge Of each district reside in the place where his
Court held This would confne the selection Of per-
to those immediate places This he thought wrong
Mr. CHASE sad the vast business of the United States
Courts and the great extent Of the territorial limits Of
Ohio demanded division of the State into Districts 1t
with the utmost difficulty that witnesses could be com
PEELED to atte nd from distance the sitting Of the Court IL
was row held in place in the interior Of the State
The bill proposed two Districts with Court in Cleveland
and in Cincinnati In recent case OF great import
enee it was found very difficult procure the ate ndance
Of witnesses from other parts Of the State Both the Sena
tors and the delegation from Ohio in the other House were
in favor Of the measure.
Mr. BADGER said the Judges to be appointed to these
District Courts would not have to attend to matters in
controversy between citizens Of Ohio much as between
citizens Of other States therefore the matter Of their Sc
lection was not local in which Ohio alone was con
eened but in which citizens Of all States were interested
He was opposed TO the restriction placed By the bill upon
the locality from which they should be selected
Mr. PRATT said restriction in the bill lid not apply 10
the place from which the Judges should he appointed bat
ory required that after their appointment they shodd re
zoe in the place where Courts held This provision
be thought an excellent The late Pres dent in an
leihDg Judge for Maryland, required the person ep
loned 70 RESIDE IN baltimore, where business always
occurring requiring his attendance
hr.BADGEksaA thatthe provsioA " oull simply reduce
e nnnber nom whom selection could be madet 10 those
who would change their residence 70 any paes Tor
sake Of salary Ssppose the person appointed aiterward
refused TO reside where the bill required him what was
Ar. PkATT-Impeach him
H.. BADGER-Well, if be resides elsewhere and dom,
'9send to bis duties, can you Lot inpeaoh him
Dit. TRAIT said Il very difficult To sustain i'm
Ptaet BY proof Of neglect Of duty bu. Judge