The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-16
THE UNION WASHINGTON THURSDAY MORNING DECEMBER TO- 1852

siiiutona il man happens to live. but very unconsla-
ona II he happens TO die II 10 preposteIousi anu the
mere statement OF the thing is enough 10 show IT,
But now, sir want to give you another case TO show
that this thing is all precisely proper, straight and cor
rect in the OF appointment by the executive al.
thorty well in that OF the election by State and
il is the of the gentleman on my left. Mr. CHARLTON,
of Georgia Here are the facts, which take IRON the
record OF this body MIR. BeTrlens full term commenced
on the 4th OF March, lS47 He resigned and he retired
from the Senate the 2Sth OF May 1882 some two or
three days before the time fixed for his resignation to take
effect After his resignation, and before he retired IRON
the Senate, 10 wit; the 18th OF May, 652-or your
records show that he actually remained here until the
2sthten days before he retired and thirteen or fourteen
days before his resignation TO take elect the governor
OF Georgia commissioned Mr.. CHARLTON TO supply the va
cancy Mr. CHARLTON appeared the th OF june 1882
and was qualified without any sort oil objection. And,
what makes the still IN point as analogous 10
the present, Mr. CHARLToNs commission actually limits
the time, in the OF the commission OF Mr. Meri-
wether during which he is 10 serve SO that i is case
precisely in point And ii il altogether illegal Tor
the governor OF Kentucky to limit the time that MIR be
wether 10 continue in office, the governor oil Geor-
ga was equally gully OF bunder IN inserting IN Mr..
CHARLross commission the time during which he was 10
MIR. CHARLTON. Will the senator from Kentucky
oblige me by yielding the floor moment
Mr. UNDERWOOD. With pleasure
MIR CHARLTON Mr.. President, have hitherto sat
still and listened to the various annotauons made upon my
without replying but it to that il is now
time for say little upon the subject myself The
various opponents in this case are SO well matched.
and dislike much TO come near enough to each other
| weapons, that by way OF amusement. they are heshng
them in my own body, which IS inlerposed between
them and though that may be sport to them il is death to
Now, Mr.. President, recoect an instance OF the GELS
ebrated Baron Cuyer, when he went into the hall Of the
French Academy oil philosophers. There were forty oil
them and they told him that they had passed the morn
ing in digesing and preparing perfect definition for
the animal commonly called crab They asked him TO
look at IT, but they said they thought the anaoges were
tion was handed TO Cuyer, and read in these words
"CRAB red fish, that walks backwards"
Gentlemen. said the Baron, g the anaoges are very
perfect indeed" Che very polite man, Mr. Presi-
dent) but coudimake few iriHng suggestions to you
which might add little to the force OF this byou OF
definition First hat the crab is not red second, that
the crab is not fish and third that the crab does not
walk backwards. [Laughterl
| That is precisely the condition OF the analogies be-
tween the Georgia and the Kentucky cases First they do
not begin The same In the one case there was an al
legged usurpation of the executive prerogave which
does not exist in the other Secondly they do not pro-
gress the same because this has not been confirmed,
my appointment has, gnce the vacancy. And lastly,
do not think that lis at all probable that they will end
| the same.
Mr. President, it is no, pleasant for any man, however
honorable may be the possession OF seat IN this body
10 hold it by sufeance IL is for this only that
interfere al this stage in the debate suppose that my
friend from Kentucky viii not deny that he who has the
though may be true that at the time OF my appointment
hs had not the right 10 make that appointment inasmuch
as the time was in future, yet after the period arrived at
which the resignation took full effect he could confirm H.
| and his confirmation at that lime you'd be valid Take
the for instance, OF infant who can make no ne
goabe note which would bind him but after he becomes
OF age, should he confirm note made when an infant
becomes good from that time, without reference to the
date So, SIR, in reference TO the commission which
| hold. Though j. may be lrue--(upon that pass
no opinion, for ! do not intend 10 vote upon this
question: or to place myself in position either
OF Inconsistency or OF indeicacy)-though It may
be true that my commission was void at the time Of
hray Of Tnltu nf
State had right TO appoint 10 fill the vacancy. did not
present Hyse here until the eleventh OF June; and during
that interval not only vas that commission negatively
confirmed by the omission TO make any ether and subse
quent appointment, and by the governor not interfering
though be knew had taken my seat; but say here IN
my place that il incidentally, IN various ways,
in that regard, claim merely from the confirmation
OF that appointment made since the FIRST OF June. Does
anybody doubt that The governor had the right to confirm
that commission, although dated upon the I'm oil May
Is il not the delivery of the instrument, rather than the
date OF it, which gives II validity
beg the senator's pardon for inerruplng him in this
stage OF his argument; but trust he will see the mani
fest difference between the Georgia and Kentucky cases
| am prepared to sbow-if the gentleman will have the
kindness TO the reference OF nay credentials with the
othershat am de jurs de facio senator from Geor.
ga holding the seat from and after the first OF June
thank the senator from Kentucky Tor his courtesy which
would no, have respassed upon, had not felt Il 10 be
my duty 10 show that apart iron any question involved
in this case my right TO seat here ought 10 pc I'M
doubted
4 Dir UNDERWOOD resumed. Mr.. President, instead
OF endeavorng or intending 10 nllct any wound upon my
friend from Georgia, II ny intention 10 defend his
right and title 10 the seat upon every principle OF cont
tutiona law ! intended 10 show that the governor Of
Georgia right as intend 10 show that the governor
OF Kentucky was right But in regard 10 the analogy,
our faculties OF comparison sometimes do not exactly
agree. think there is perfect likeness between the
two cases OF Mr. Merwether and my friend from Geor
ga and that intend 10 show. That they may terml-
nate differently is what fear hope that they will not.
But il they do terminate differently the country may per-
baps trace IL 10 and 10 reasons which shall not
assign for that difference. cannot do it, sir without
perhaps uanscending the proprees Of my station Now,
sir would remind my friend from Georgia that we have
to test the analoges OF the case from what appears upon
the files and records OF the Senate. We cannot 60 into
anything eEnsc OF those files and records, 10 ascertain
whether there are differences We must take the thing
Just il stands upon the record II there has been any
subsequent confirmation OF the right OF thai seDstor to
seat here has been presented 10 he Senate and
does moi enter into the do not think that any such
subsequent confirmation was necessary II was neces-
sary, il has been dons before think his right 10
the seat is perfect upon what appears by The records OF
the Senate and what appears there is precisely What
| appears ia Mr. Menwethers case.
| Now, let take up the two ! will again very
briefly repeat the facts OF this that senators may
see the precise analogy Mr. Berrien resigned prospect
resignation This is authority 10 support the right OF
Mr. Dixon claiming TO OIL vacancy created by prospect
i've resignation. Mr. MeTiwether claimed to NIL vacancy
| created by actual DEATH admit There Is that dill
ference 10 the two and that is all This prospect.
i've resignation in Mr. Berriens case took place IN the
recess OF the legislature The death OF Mr. Clay took
place in the recess Of the legislature alec The cases
are precisely the same 10 this respect The vacancies
Cured during the recess Of the legislature. Mr. Bief-
wether appointed by The governor 10 hold for linn