The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-21

tainly Mr.. Meriweiher never be the senator 70
I'LL the vacancy to which the legislature OF Kentucky
elected Mr. Dixon Aud why Because the fact Is
against any such hingihe fact that he was ap-
pointed By the governor or the legislature to NIL that va
cancy.
But il is said that under constitution the governor
has The right. in OF vacancy happening during the
appointments and il is also said that the correct reading
of the constitution IS that such temporary appointments
hold until the next meeting OF the Legislature. snd
the governor oil Kentucky having appointed Mt MeSi-
wsher 10 fiji the vacancy happening during the csss of
the legislature that appointment, although upon The lace
OF il limited TO the first Monday OF September last, must
continue over until The next meeting Of the Legislature
That is the position taken by gentemen here in their
construction OF the constitution. Now, the Senate will
that the appointment of the governor was msde 10
i'll what be understood TO be limited vacancy X was
temporary appointment-to wit: extending from the
death OF Mr. Clay TO the first Monday in the September
following That was his appointment; that is the mean
ing and contents Of the credentials that is the fact upon
the face OF the commission But say gentlemen no, the
governor, had right to afx that limitation to The ap
poinment, and the Limitation s void, and therefore Mr.
Merwelher entitled take the now, although the
governor, who alone had the rsh TO- appoint him, did
intend TO give him appointment for 80 long ~ I'M
| I'll the next meeting OF the Legislature.
Now, must be permitted TO say to honorable gentle.
men that that construction OF the constitution will ope
rate like fraud, and, in the case Of deed conveying
property would be declared in any court OF equity to Be
fraud in law. And why does Il operate like fraud Be-
cause the party contrary TO his own deed. and by sur.
prise. gets than the appointing power intended TO
give him, and more than he intended 10 accept at the
time he took the appointment Suppose there Is naked
Pe-that that is the only power he possesses. and
| he makes conveyance 10 person Tor Life only
the person accepts that conveyance Tor life, and pays
consideration for il to that effect can he then turn
round and say to the executive. "You had no au-
thorty 10 make this conveyance Tor life, but your only
authority was to convey in fee simple and N ,Ss'sio';
could not Either the conveyance Tor the least term .
void. or he must abide by that alone which he took. He
| cannot take advantage OF this limitation OF his own
deed. and extend il 10 conveyance in fee, he having
ceved il, and paid for conveyance Tor life. And
with regard to this Ii senators by their
construction OF the constitution in saying that gives
to the governor the power to appoint for the whole
term until the meeting of the legislature and that
such is the effect Of his appointment. even thou9h be
may have appointed for limited time to fill known and
limited vacancy II would operate as fraud upon Ken
lucky, because it would be making senator for her
whom she in fact appointed for that term OF Ofdce
intended inrnst with the power OF representing
her in the Senate for the time contended tor think
that if there anything void about that appointment its
effect must fall upon the person who accepts an office OF
this kind though author zed to be created BY the
stiluioa
There was vacancy from the death Of Mr. Clay to the
first Monday in the September tolowng-a vacancy, in
fact, known to the governors that the vacancy to be
filled Now under constitutions the governor has right
fill any vacancy happening during the OF the
sisa,ue. necessary that that vacancy should
continue unit the next meeting of the legislature.
Whatever may be the vacancy happening during sAs
OF the leg gsaiue, the governor has The right to NIL
it. There have been and are cases during every session
OF Congress- when the vacancies filled by governors do
extend until the next meeting OF the legislature, but
terminate previously upon The 4h OF March, az is the
fact with many cases here Therefore, the gov
ernor who fills the vacancies must fill Them for the
time during which they extend. His appontnsnts
cannot, however, be made to extend beyond the nsxt
meeting OF the leg salure But there is nothing in the
constitution 10 prevent the governor from filling va
cancy that may terminate before the next meeting of
the sature, but he fill all vacancies thus happsn-
ing whether short or long The constitution broad
terms in reference 10 this matter: "any vacancy that
may happen by resignation or otherwse"" any vacan-
cy matter how may happen. whether l, be short
long in duration 1t is not necessary that i should
extend until the next meeting OF the legislature in order
10 authorize the governor to make an appoinment 70
NIL II. 81. 7FNs8#
Then the whole comes back to this question: and
this question gentlemen must meet, viz: Whether, Al
the the legislature OF Kentucky elected Mr.. Dixon.
there a known and admitted vacancy existing
which they had right 10 hill Tha, is the question.
AT the time the legislature elected Mr. Dixon, there
known and declared vacancy which they had right
hl II there was, and they filled it, then subss-
quent event can AXE from The power which the iess
ure then possessed I'LL that vacancy, deprive the
thus elected of the Office thus derived fron the eGs
ature The death of Mr. Clay afterwards cannot alter II.
That brings up another question: Whether the appoint
ing power mag make appointment, TO an ofhse which
is be enjoyed 10 fuure That the simple question
II is everyday Transaction that may be appoint
ed to office to-day, for instance, which he is NOT TO
enjoy and possession OF until next year Is there
anything in the constitution TO prevent thal Why. ar.
il IS done every day
And what did the Legislature of Kentucky doi They
appointed MIR Dixon last year 10 take possession of and
enjoy office TO commence the first Monday in
September last; but this being the FIRST meeting Of
comes here within his term, after the time nj which j,
to has arrived, and presents his creden-
as and yet gentlemen say that because that appoint
ment made before the fret Monday in Sspte pber
last, he shall not enjoy the office al all That say, 10
bringing up the simple question whether you appoint
a office which he cannot enjoy and take poe.
session OF until future day Why, cir. most OF ap-
pontmens made in that way; IL is one OF the
great conservative principles regulating the proce edngs
and practice OF this government that man may be ap-
pointed before vacancy actually happens Well, gem
temen may say death may happen. So it does; and
death makes great confusion, and happens sometimes a
period not contemplated by the constitution, and oc-
casions which throw Congress and the departments
of the government into confusion, But yet there 10
doubt that the appointing power has right 10 anci
pate a known vacancy. Nt
Iii said that Mr. Clay could not resign in Advance
could not send 10 resignation take effect at future
day That brings M this simple question. Whether IL
make up my mind to-day to resign, ! must walk d.
reey ou, OF the Senate before vacancy can be ese-
aied that my legislature can fill tis question to
whether can saw 10 my legislature in advance, intend
to resign my office the first Monday in September
nex-t will vacate my office then whether must
wait until the FIRST Monday in September arrives and
thus leave vacancy which nobody f for several
days at least Now, our constitution, like the laws Of
Nature, abhofs a vacuum. The constitution intended
to keep up full representation oil all the States
unuay. II IL great privilege of the States and
OF the people ia be represented here M all times, at
the very OF session OF Congress.
the very first that made when the very krst
law IL passed at such lime il the rgh, Of every State
to be represented there This the great principle and
contest IN the New Jersey case in the other house We
insisted then that New Jersey had right. the opening
o tha Cons at the election of the Speaker bs