The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-22
CITY OF WASHINGTON WEDNESDAY MORNING DECEMBER 90 1852

principle vacalng onethrd Of the Senate absolutely
every two years.
Sd But i is said that il may resign and fix
day in future month distant. he may x ve years
distant And is asked whether the legislature, being
IN session when such resignation Is received, can h
the vacancy which is postponed in effect for five
yearso the prejudice OF the right OF the legislatures
sembing afterwards and before the day limited reply
that is question which does not rise here II is enough
that the senator has right TO say 10 his State, will
serve you two, or three or four years or five
years. and longer And the State has right to say
will accept services for that time, and dismiss
you afterwards. III question shall arise what egsla
ure, meeting within the PERIOD has the right 10 ill the
vacancy ii then be met; it has not arisen here.
Thus the legality of Mr.. Dxons title seems toresu
from the constitution and the precedents and assuming
this view the presents the not unfequen OF
asceraned vacancy occurring al future day. and antc
also temporarily filled and expired II this view is
rect is unnecessary 10 examine the pretensons set up
not by Mr. Meriwether. but in his behalf by senator's.
MIR, President this question has bearing upon the
present and the State OF Kentucky, and also upon the u
ture and the whole Union. rejection OF Mr. Dixon,
who with plenary commission unanimously con-
med by the Legislature and governor OF Kentucky, and
an admission on the contrary OF Mr. Meriwether, who
not only presents no such commission, but presents no
claim and does not even appear, WILL think, deeply dis
turb Kentucky and alarm all the other States This
alarm will be increased by the fact that the proceeding
will operate 10 strengthen and increase the provisional
perogave OF the governors OF the States al the expense
of the power conferred by the constitution on the egsa
OF the States for nothing clearer than that the
power conferred the governors 10 t vacancies was
designed TO be occasional and exceptional and subord
nate that devoved the legislatures, which was de-
signed to be general, complete, and supreme.
You will also excite and painful apprehensions OF
another and even more grave kind The House Of Repre-
senatves is legislative assembly, drawn out by repre-
senaton of the whole Union as one undivided country
and peoples and the constitution of that House is great
centrpeal power acting towards consolidation But the
Senate is composed Of equal delegation Of the several
States, appointed by the States Senators are IN manner
of the Saies and the control exercised by the
States their appointment without interference from the
cen centrifugal The
preservation OF the States in their qualified constitutional
independence Hitherto the Senate OF the United States
received whomsoever has been sent by the States
examining their qualifications when desired, deciding
judically between contestants But ii now reject
ho sent with full authority, and whose title is not
denied from without this body, and call IN one who is
not sent with any such authority, we shall shake the
confidence which has hitherto been enjoyed by the Senate
and raise alarms for the safely OF the States. and thus
weaken the bonds OF the Union.
| Mr. MASON. Mr. President, should greatly prefer
that this question should 60 to the Committee the Judi
cary, proposed by the original of the resou
ton, Mr GwIN 1t seems to very desirable in the de-
cson, if this is 10 pass into precedent, that the
subject should be considered with the deberaton and
care which would be given to it by committee and
more especially with view that il may be if the
proper be taken upon it can be made 10 conform
to the precedens that already exist Now, am very
free 10 admit that far have Deen able TO consider
it, the question presented is whether the Senate acting
uaicay upon this election as they are required TO do
shall follow the constitution, or whether they shall fol-
low the precedents OF the Senate They seem TO me TO
be directly in conflict Sir. the cons,itaon has veposcd
wisely reposedthe election OF senators IN the egsa-
lures of The States But in the exigencies which il
was contemplated might arise--where a vacancy in the
language of the constitution should happen when the
legislature not sttingas mere accessory of the
porary appointments without derogating in the slightest
degree from the original high purpose OF conhdng this
OF election to the legislative body The consu-
ton has prescrbed and when gentleman presents
himself here claiming TO be senator from State il
is duty 10 ascertain whether be has been elected
pursuant 10 the constitution
fba antha sid MT IN
way and in manner infringing upon The sovereignty
of the Staes-,hat are acting nlurousy 10 the SOW
ereigny OF the Sates-when we question their right to
elect senator in the IN which they have done II
Sir, suppose a gentleman came here claiming to have
been elected by the people OF State, would any gentle
say that he could be permitted to take his seat here
in this body under that elections And yet, il he were
elected by the people, he would more immediately and
directly represent the sovereignty OF the State than any
chosen by the legislature The sovereign
ty of the States is not IN question in any point OF view
whatever. The power given to them to elect senators
is derivaive not inherent The power is given TO the
belong 10 them originally. When gentleman presents
himself here claiming TO be senator, II is our duty 10
whether he has been appointed senator or not in
accordance with the teachings OF the constitution.
Now, am free TO confess that like the senator from
Illinois, Mr.. DoUGLAs,l whose argument listened to
with much pleasure this morning, have very strong and
decided impressions upon the subject OF this election
yet ii they could be removed should yield with very
great pleasure should be exceedingly reluctant 10 do
any act TO give any vote here which cou be looked
upon as being injurious 10 the State OF Kentucky or 10 any
other State; yet the plain path OF duty before and
| shall follow what conceive 10 be that duty.
The constitution has created senatorial terms, and has
declared that those terms shall last for six years; but
they terms arranged by another provision OF the
constitution that oHe-thrd OF the Senate shall out BIZ
ennay at each Congress What is the language OF the
constitution affecting the duration OF the term The
constitution declares that the seats OF senators oil the first
class shall be vacated at the end OF two years, oil the
second class the end OF four years, and OF the third
class the end OF six years-thus creating the terms
And the language of the constiluon IL, that the seats
shall be vacated" by lapse Of time. and then new terms
commence
Now, sir, as to the precedents Until Lanmans case,
according to my recollection, it considered by the
Sena,eor rather, act OF the Senate manesly
without consderalion-tbat II competent Tor the
State executive, where term Tor holding ohce expired
during the OF the legislature, TO treat as vacan
cy and Gil accordingly Such practice was common
until the decision in anman's case. must confess that
upon looking AT the constuion my first impression was
that was correct practices but upon looking at II with
and deibeation, cannot entertain doubt that the
decision in Lanmans correct, and that when
term expires by constitutional limitation does not create
a vacancy which the executive could hll. Yet the de-
cson in Lanman's case, setting aside all former prece
dents, established rule and doubt correct rule.
Now what ID the question here Mr.. Clay, the sena-
tor from Kentucky, resigned his seat in this body the
resig nation 10 take elect eight months after He
resigned in December 10 take effect al the rst o Sepem
Der following, making between eight and nine months
Some gentlemen upon the oihar side OF the house say
that his resignation created vacancy The honorable
senator from Kentucky, [Nr UNpERwooD,l who argued
the case with so much ability upon that sde asks this
question there be vacancy when there an officer
qualified and prepared to oil the place answer unhes-
=. H.. l..