The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-19
CONGR ESSlONAL.
DEFERRED DEBATE.
THURSDAY, DECEMBER 10, 1862.


SENATE
SENATOR FROM KENTUCKY.
Mr.. BROOKE. shall offer apology TO the Senate
Tor again rsspassng upon lis time, because TINS is case
which regard very important one-iniporiani, as
selllisg principle which will apply 10 vast number oil
cases thar may all probability occur hereafter; and
therefore consider that notony admits but jastes III
fullest discussion regret that have not heard more
argument from the opposite side upon this question Un-
Ill Yesterday, we favored with nothing but bare
believe, in every instance,
companled by protests OF non-committalism in other
words, no member seemed willing to take a position,
but simply throw out doubts and suggestions rsservng
the privilege OF forming an opinion hereafter But yes
terday, the senator from Connecticut Mr. IoucEYl gave
what supposed to be the authorized expostuoa q the
views of those who disposed to deny 10 Mr. Dixon
the right 10 seat in this body. listened with great
deal o attention and some curiosity TO the remarks OF mat
senator was anxious TO learn by what OF reason
ground could be taken upon which the opponents OF
Mr.. Dixon's claim could take their stand was mol
gratfed and must say with all due Difference to the
honorable senator from Connecticut, think be utterly
failed bring forward the semblance OF an argu-
ment shall say nothing in reference TO the important
question which he put in the opening OF his remarks and
which has been satisfactorily answered by the honor
able from New Hampshire | will simply state,
however, that the gentleman fell into error in the be-
ginning OF his argument; and that error was IN con-
founding two distinct IDEAS He construed or reasoned
as if he construed resignation to mean the same thing
as vacancy. They are. however, separate and
distinct ideas; for one is but the, effect OF the
other. resignation may be made during the life
time of an individual although the effect which is 10
toow-the vacancy-may take place afterwards Such
is the now. The resignation was made during the
lifetime OF Mr. Clay; the effect of that resignation did not
take place until after his death There is no ncompati-
by between the two ideas-none whatever.
But the senator made very fatal admission 10 his case
when he admitted, as | distinctly understood him TO do,
that if Mr. Clay had lived until the first Monday in Sep
tember he could not have taken his seat in this bo af
ter that time Now, Mr.. Meriwether was appointed to
and privileges, did he succeed He succeeded 10 the
rights, the powers and privileges OF Mr. Cayno more,
and less But, according TO the argument OF the hon
orable senator from Connecticut, Mr. Meriwether was
invested with more power than MIR. Clay h'mself and
he invested with greater privileges, because he could
according to the argument OF the gentleman hold his seat
not only until the first Monday in September but longer,
until the session OF the legislature OF Ken
lucky. That sir, is not consistent But the senator
seemed to think that the continuance OF the life OF Mr.
Clay was contingency upon which thus vacancy was
to be determined do not regard the matter IN that light
at all The only contingency upon which the vacancy
depended was the arrival OF the first Monday n Sep,em-
ber and not either the life death OF Mr.. Clay His
resignation to take eiec, upon the occurrence of
j a particular event; and what was that eventi The
occurrence of the first Monday IN September, ls52-an
occurrence wholly independent of the contingency
whether MIR. Clay lived until that time or not The
senator also made another admission or rather suggested
an analogy, which is equally fatal TO the which
he espouses; and thank him for H. and will endeavor
to II out He compares an ONCE 10 an estate Tor
years. deermnable upon the death OF the party Let us
run out and how teTintnales A, on the Isl ol
December last leased TO B plantation for six years
few weeks afterwards the nth OF December, comes
10 and says do not wish TO occupy this plantation
longer Than until the first Monday OF September next
my design is then remove a different part of the
country and hereby surrender to you all the residue oil
the after the first Monday OF September, and accord
ngy executes his indenure 10 that elect That is a
binding and valid Nobody will doubt that then,
in the of his discretion and his power leases 10
c the balance OF the term commencing on the first Mon
day of September. acquires vested right IN that
does he not Nobody will dispute that Suppose, how
ever. that the 29h Of June, before the arrival OF the
first Monday of September, B, the tenant, dies His es
h.. f.i. hp daast
What, then, is thrown back upon The whole term
Could ne dives c. 10 whom he has made deed for the
remainder OF the term after the first Monday OF Sepem-
beri Surely not. Z has acquired vested right alter
the first Monday oil September. All The term that rs
thrown back upon IS that small remainder existing
from the 2elh Of June, when dies to the first Monday
of September, when Cs right comes into operation. The
analogy is perfect SO much Tor the argument OF the
senator from Connecticut will now, with the permis.
sion OF the Senate into general view OF the subject,
promising, however, TO be very bref.
/ In the remarks submitted on Monday week last as
sumed the position that executive appointment did not
necessarily extend to- and not necessarily limited
by, ensuing session oil the Stale legislature that such
appointment might be terminated by other means. And
to support this position referred TO the numerous cases
where appontees had held their seals after and
during OF their Legislatures, and until their
cessors qualified and also TO cases OF appointment
to oil short upexpred temsterms which expired by
limitation of law during OF the legislature, and
when it's admitted all hands that the appon,ee cannot
hold Ia short, the whole dnli OF the constitution
simply this that the State legislatures being the man
ana primary appointing power, lnty All
elect both for full and when IN session
but TO provide or unexpected emergeneiesor vacancies
happening by death. resignation, otherwise, which
the legislature not being IN session. could not h--a ten
porary power, lasting only during such recess was gwen
TO the State executives 10 make temporary appointments
10 I'LL such vacancies, How long such appointments
10 exist depends upon circumstances certainly no longer
than the legislature chooses TO put end to them by It's
own action.
Some confusion and msconoepon has arisen from the
use OF words that be found IN the con-
situon Senators accustomed to speak OF vacancies
occurring during the OF The legislature The con-
slituton the word happen" and not oecur.
and The words by means anonymous 10 hap.
pen 10 iake place unexpec;edlybe happening OF
that is not anicipaledsnch ~ The de-
non OF photographers and doubtless the word was used
by the trainers OF the constitution with direct reference TO
this meaning for the State legislatures, as before re.
mark ed being the primary and main appointing powers.
H intended TO make an exception only IN cases which
they could anticipate, and therefore, could not pro-
vide for Ia all other the power Injured 10 them by
virtue OF the general grant Ia TRUTH there " no imita
ton upon or exception TO- their power, while they are IN
a condition exercise II, by being 10 sesslon s only
when their functions suspended or the time beng,
that temporary power OF appointment given TO another
branch of the government and this power - not there
fore TO be considered much taken from them,
exception from their grant, but as an auxiliary power
to be used in subordnatlon 10 theirs when they cannot
act The grant oil power 10 the legislatures OF cecung
senator's beng general. full and comprehensive may be
assumed posulse that consequence they have The
power 10 Gil all vacancies whether existing or IN prospect
provided reference To the latter that their occurrence
legally certain, hxed and deermnate say legally eef-
tain do wish to be understood as asserting that
legislature can provide in advance for the probable
curing OF a vacancy-one that may may not happen
by death ar resignation There must be legal certain