The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-19

cupyins the should die resign, The seat should
be vacated from any whatever can be imagined
for that would affect the right OF The gentle
elected take the the end OF the term! or
that would Affect The power OF The executive 10 NIL the
II the legislature has opportunity 10 appoint
NIL such vcancy as this appehend that Is just ~
clearly vacancy competent Tor the executive TO NIL
when not in the OF thu Legislature to do IT, and
the legislature when IN It's Fowe as any other VA
caney thai exists. tsfs e.s
think therefore, without OBTAINING the Senate further,
for know they impatient, that hs case presents 10
prnoiple whaievef-thal il lies entirely within the
construction given 10 the constitution IN he cases winch
have been presented here, And thai Mr. Dixon has =
clear and indubabe right to the seal. 10 me be-
yond all question. Gentlemen should always remember.
in the discussion of this question: the fact that legislative
power is TO predomnate, and that the governor Only
10 make temporary appointments; and that when the
Legislature has once exercised this power and authority,
the result of the OF that power delegated 10 lhcm
by the constitution be regarded And respected,
less there is some substantial reason Why i should not
be. .Hsff #.#7 sMhs8
have said the cases before us in no respect conflict
with each other The legislature OF Kentucky, in elect
ing Mr. Dixon, acted upon The knowledge IL possessed.
1t knew that vacascy would exst the Let OF Sep
tenber, and il Ills duty to fill II, as there would be no
other session before that day. i was acquainted with
the leg stature OF State last assembled before vacancy
occurs SHALL il il be known, fill IT, They did all that
could be DONE As they did not know that the dsash OF
Mr. Clay would happen before the day appointed 10
could his seat. they could not elect Tor that period
This contingency has been met by the executive, He
filed that vacancy, he had right do, but attempted
TO carry his power no further The periods OF time for
which MI. Meriwe,her and Mr.. Dixon were appointed
were distinct, and defined with entire accuracy The
constitution provided for both The power Of the execu
tive is exhausted upon this subject and Mr. Meriwe.hers
appointment has out. Sir, hope the Senate will
come TO speedy decision in matter 80 free from embar
rassment. #Ha ase sls8 n
Mr. DOUGLAS. Mr.. President if the Senate are viii
ling to vote tonight, and 10 make rsier
ence simply, have not word TO say upon III bat il
IS to be vote upon the merits Of the question: shall
wish to occupy five eight minutes. II the vote 10
upon reference, yield al once. s...l 4.
Mr.. SEWARD. This vote must be upon the merits
The amendment offered by the honorable senator from
It's 1t proposes that Mr. Dixon be admitted to his seat
therefore move that the Senate adjourn. 5ais rs
Cries OF " Oh, no y /" Oh, NOS .s4t@G
Mr. SEWARD withdrew the motion 5satev..
Mr. JONES' of Tennessee | wish TO make one re-
mark to the senator from Illinois, Mr.. DoUGLAs. ap-
prehend that he will reach his point readily by vote
upon my proposition as he will by having the whole mat
Ter referred to committee. My proposition is simple
decaratonand that is the question before the Senate
nova simple declaration that Mr.. Dixon be allowed 10
be sworn in and be admitted to his If this is voted
down, of course the matter will have to be referred.
hope The Senate will come TO vote directly upon my
proposition .B1H! GN q
MIR. BRIGHT That vote involves the whole merits
of the question, matter of This side of the
chamber is vacant. Many Of the senators upon this
side have retired under the impression that vote would
be taken tonight therefore hope the vote will not be
pressed now, and that we shall be allowed to have the
decision OF full Senate upon it, ueG
Mr., BADGER | concur fully in the suggestion made
by the senator from Indiana, Mr. BRIGr.] that this
question ought 10 be decided by full Senate. IL 10
duty which to ourselves and 10 the county. ]
think, il should have general understanding among
The members OF this body that will decide this ques-
ton Monday next senators would then be careful 70
be present. and OF the matter could be disposed
OF by a full Senate. r. I5. l.arq
MIR. DOUGLAS. As ii seems 10 be in accordance with
the general feeling OF Senator's will move that the
Senate adjourn a# .eEra
The motion was agreed to and, accordingly, s#Us
The Senate adjourned. y#.a 7Hu.