The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-07-15
TIilSlE-SEEENTH C0AGRESS. SPECIAL SESSION
SENATE.

the establishment of a national a?mory at Thai
fairs. ~
Mr. LANE, of Kansas, presented a memorial from
several members of the Shawnee tribe of Indians
asking that an Indian woman be permitted to par.
ic'Pate IN the benefit Of all treaties and s.ipula
ions OF that tribe Referred to the Committee on
Indian Affairs
Mr. LANE, of Indans, presented petition from
c'tzsGs OF Indiana, skiing that pension be grant.
g co 20 'ohn Garter, late a soldier of the United
o'ates, Referred to the Commilte on Pensions.
mT' EN EYCK said that nasmuch AS yarious me-
nHrls!s and petitions were received and referred
ne would ask that the petition of the citizens nj
New jersey, presented bv him on the first day Of
'e session, asking for the establishment of naval
schboi at Perth Ambov be referred To the Comn,i.
Tee on Naval Affairs. Referred accordingly
MT: W ILsoN report ted back from the Committee
ou M'itary Affairs the case of Capt. Roger James.
s tate IN charge of Harper's Ferry asking iadfmni
hcation for loss of property and asked that it he
referred to the Committee on Claims. So ordered
Also the petition of the citizens of Detroit in re.
i&uon to pension for the widow OF Captain Fink
ana ana asked that 1t be taken from the Committee on
Military Affairs and referred to the COMMITTEE nm
Pensions. So ordered.
Mr.. McDouGALL (Cal.) presented the petition of
c't'ZthS OF t!aItlornla, praying that pension be
granite" To the widow OF Capr. r. b. Cunning nam
Affairs WV VA ~ al
! Mr.. HALE from the Committee on Naval Affairs
asked that the bill referred to that commiiep rpgn
"'t'- tue pay blhC+Ts in the revenue service of
7 United >tates be taken from that Committee and
referred to the Committee on Commerce. So ~,
| dered 90 of-
lie also asked leave to introduce bill. without
previous notice having been given, erecting the
Once OF Assistant Secretary of the NAVY and Gx
Ing the salary of the same.
Mr.. ANTHONY, from the Committee on Printing.
reported, IN favor OF printing the petition of Edwin
Jarvis. Agreed to.
Also a bill making appropriations for the legisla
tive, executive and judicial departments of the
Government for 1862, and arrearages from Juna
80, 1851 The bill WAS referred to the Committee
| on Finance.
Mr.. POLK, of Missouri, stated that his coIle,gue
| Mr. Johnsonl, being indisposed would be pleased
o. nave some one appointed in his place on the
! Committee on Claims
Mr.. SALISBURY asked to he excused from seryinp
on the Committee on Pensions. Agreed to-
The VIcE-PREsrDENT laid before the Senate re-
port OF the Posmasie General, showing the postal
service discontinued under the authority of an act
| of Congress approved February %, 1851 Laid IN
the table and ordered to be printed
Dir. JOHNSON, of Tennessee said it afforded him
great pleasure to present the certificate of the
newly elected Senators from the State of Virginia.
10 M vacancies now existing. He asked that the
ceruhcates might be read and the members sworn
| in.
, Mr.. BAYARD said the question of acknowledging
these gentlemen under the certificates presented by
them, involved great questions of vital constitu.
uonal Importance, and that should they be allowed
10 De sworn in at the present time il would be a
drect violation OF the Constitution. He asked that
the matter be referred to the Committee on the Ju
| dlclary, before the gentlemen are sworn in
| Mr. SAuLsBURY said he would call the attention
"' the Senate to the single fact that the gentlemen
presented themselves the strength of credepti,Is
issued to them by the Governor of portion of the
state OF Vii Igna; that those credentials bore upon
| tne lace ot them the fact that the election took
place on the 9th OfJuy, whereas at that time there
existed no vacancy in the Senate from the State of
virginia, The credentials state that the gentle
| men were appointed owing to the Withdrawal of
! htssrs Hunter and Mason but this House had YES
terday decided that there was no vacancy but that
MesSrs. Hunter and Mason held the seats end the
senate in accordance with the power vest
| those members. If they were not Senators AZ that
tiWe, how was it possible to expel them? Yester-
uAy, sald MIR. salisbury, you treated them as Sem
atoFs The Senate is the judge of its own members
| now then can you allow A Governor tn dacIara
vacancies in the United States Senate? And how,
can you declare that the seats were vacant on the
| them? 'H Pe"
MT. JOHNSON, ot Tennessee, said there was )rimn
Jdce evidence Of an election; the certificates were
| regularly certified by the Governor; shat there
was no proof of any irregularity of election: that
| me election was effected according to the laws of
virginia. and was subject both to the Constitution
ni the State and that Of the United States. There
is no contest for the seats-no evidence that the
senators are not regularly elected; but on the con-
trary, there is proof now before the Senate that
MIR. SAULSEuRY replied By reiteratinp his argu-
menF, and said that he hoped the Senate would act
IN accordance with the Constitution and preserve
their consistency.
Mr.. TRUMBULI. presumed that the senator from,
Delaware Mr.. Salisbury elected before
lis predecessor bad vacated the Seat That in
tact, 1t was true OF most OF the Senators On the
moor, ana especially So in the of the Senators
from Minnesota, who elected even before that
state was declared part of the Union Let me
@ .u MI, nrUmouli' suppose case. If, during the
war WIN MeXic" Il Senator from the State of Del
aware had taken up arms against the United states
would not another Senator have been elected to FIJI
the vacanc"? And yet the case of Messrs Hunter
aId Mason is infinitely more aggravated than that
which rave supposed. Thy have melted their
States TO beIii0n aud taken up arms against their
country. see, he said, necessity for referring
the case OF the gentlemen from Virginia to any
committee.
Mr.. BAYAED said that the remarks roferrin, N
the State OF Delaware were not at all lktIy That
Delaware would do nothing except by law. That
IN TINS case they would require judicial evidence
That it was never known in the history of the
country that the GDverHnr of any State appoint ed
a senator for a broken term.
MT HALE sald that II made no difference whether
'he gentlemen were elected to-day, or whether they
Were elected three days arn the yacercv ayistsd
and they bore The credentials that entitled them r.
seats. Were these gentlemen to be sent home l.,
be- elected over again? He, at least hoped not
This is not dav for compromises, neither is it =
day Tor forms. This is the time for action Now
here to endeavor to crush out the rebellion
which RACES broadcast the land We have
long submitted to indignitieS, but thaE time
is past, and the present is the triumph q
the constitution of the Republican party. W,
had heretofore readily compromised ali au4s
tions, but now and hereafter | am only for th,
Constitution-that shall be nv sole COMPROMISE
am for collecting all the money and all the men a
the North, aud thus stake the issue We will at
tack them with entire energy and if re arr
beaten we can but submit. He (Mr Hale) salt
that some Of his remarks not pertinent 10 tb,
question, but to return: the Union loving men {,
Virginia yet recognized the United STATES Govern
lnent, and asked To be represented on this floor
sad they are, said he, entitled to such representa-
ton.
Mr. LATHAM said he considered the doctrine q
secession "ne of the most damnable here sizes tha
had ever been instituted. The Government of Vir
ginia that sent these Senators here has the sam
Constitution and the same laws that the State al
ways had that there was a vacancy and that tn
gentlemen from Virginia bore certificates that en-
Titled them to seats, and he hoped they would b
allowed to take them.
Mr. JOHNSON, of Tennessee, said he would answe
the Senator from Delaware (Mr Salisbury
question bv asking one. Did he not Yesterday ad
init that the seats were vacant?
Mr. SAULsBURY replied that he had admitted tha
the Senate had right to treat the seats as vacant
The Senate had passed on the question and declare
that the seats were not vacant. | agree with th
Senator from California (Mr. Latham) that seces
sion is vile heresy. But whatever action is to b.
taken, let it be lawful.
A message here arrived from the House of Repre-
sentatIyes, announcing that the II )use had passe
the bill regulating the duties on imports &C., wit
amendments; also the bill torrthe employment q
volunteers; and presenting enrolled bill fo
the signature Of Senators
MI TRuMBULL said that, on the 26th of Apri
lI9B the Governor of Virginia declared that mas
much as john Mason elected Senator and re
fused to serve, that he appointed John Walker
ana the Legislature justified the action of the Gov
Mr.. SALISBURY understood the Senator to cite
case IN which the party had never filled the seat
and his refusing to serve did not create a vacancy
which had previous existence
Mr.. TRUMBULL replied that the appointment coul
only have been made while vacancy existed
Another case in point, he stated, was that of Nj
Pineknev, of Maryland, in 179l, who resigned
when the Governor of Maryland appointed Nj
Mercer. Mr.. Giles obj ycted to the consttutionalt
OF the action. but the House OF Represent atves su:
tanned the Governor in the premises lie had taken
and agreed that the aPpOintee, Mr.. Mercer, was Ell
= titled to the seat.
Mr. SALISBURY said the arguments of the Senate
from illinois were well fitted to form portion of
stump speech in a contest for popular favor, bu
would not possess any strength when addressed t
cool and ciear-headed men; that this not
theatre, nor were speeches to be made to the ga
lery or the people, but that it was the America
Senate, where we sent to make laws.
Mr. CoLLAMER took up the argument on the nev
Senators from Virginia. and occupied the precis
grounds covered by Senators johnson and Trun
bull.
Mr. POWELL said he had no doubt but that tn
members from Virginia would be allowed to tax
their seats That he well understood the views o
the majority on the other side, but he felt it to
his duty to enter his protest. He said it was
fact judcially known that the members of tn
Virginia Legislature who had sent the new men
bers from the State OF Virginia, represented pei
haps not one-iourth of the citizens of Virginia.
That there were about one hundred and fifty coun
ties In Virginia, but thirty or forty were ran