The daily union., 1852-09-08
Who is the Senator from Kentucky after tn.
first of Sc ptember3


first Of September
The question which heads this article is one of the most
important which the Senate could consider because il ia
one vitality affecting the constitution and the rights OF the
several States to constitutional representation in that
body.
As the commission Of Governor Powell to David Mer
iweher expires the first OF September 1882 we will
not disturb the present inquiry with the questions which
arise out OF such an appointment.
We propose only to demonstrate that the legislature
oil Kentucky, assembled at the capital OF Kentucky last
winter, had RIGHT under the constitution of the Uni
ted Siaes TO elect successor to senator sill holding
his commission ond seat
The facts upon which this argument will rest pre-
sumo, will not be disputed Mr. Clay was the senator
OF Kentucky. whose term had expired He addressed
communication 10 the governor Of Kentucky saying
that on the first day OF September, 1884, be would va
cate his seat the Senate OF the Uuted States and upon
this annuncaon the legislature elected Archibald Dix
on to hl the balance Of Mr. Cays unexpired term from
the first of September 1852 Upon these facts had the
legislature the constitutional right to elect senator
Mr. Dixon or any one else That is the question be.
fore us.
The only clauses OF the constitution bearing upon this
question are the following:
Article /. section clause l. The Senate of the Uni.
ted States shall be composed OF two senator's from each
State, chosen by NE legislature thereof for sir years and
each senator shall have one vote"
Clause 2. Immediately after they shall be assembled
in consequences OF the first election they shall be divided
as equally as may be into three classes The OF the
senators Of the first class shall be VACATED al the expa
on OF the second year OF the second Glass; the exp
ration OF the fourth year OF the third class the exp
ration oil the sixth year; that one-thrd may he
chosen every second year; and If VACANCIES HAP.
PEN, by resignation Otherwise, during the recess of
the legislature OF any State the eSeeutye thereof may
make temporary appointments until the MEX meeting
Of the legislature, WHICH shall THEN fill such VA.
CANClES."
The power Of the Legislature to fill vacancies attaches
AFTER the VACANCY occurs II the legislature is in
session when the vacancy occurs IL may en elect bu,
II the VACANCY occurs during the recess, the governor
shall make temporary appointment. and the right of
the Legislature 10 elect does not attach until the sExr
meeting thereof" In each the constitutional power
TO elect does not attach TO the legislature UNTIL AFTER
the VACANCY HAPPENS"
What, then, is VACANCY" in the senatorial repre-
sentaon OF State Each State is entitled 10 only two
senators and so long two senators from each State
exercising their rights and privileges as senator's and
continue TO bold their commissions there is no vacancy
as long as any senator continues TO such, his
seat is NOT paeaied. An annuncaton OF an intention TO
vacae his seat at future period, far from creating
vacancy THEN, does not bind constuonally the in
combent to do so when the period referred 10 arrives
He has the power TO hold 10 his during the whole
term for which he elected in spite OF his saying by
writing or otherwise that he would resign Until his
constitutional term has expired he has the power when
once elected TO hold on TO his seat; and az long as
be so holds to his seat there NO VACANCY N he dies
vacancy occurs by the act OF God and presume if
convicted, and confined a criminal lunstc. tha,
he could not perform The duties OF bis station vacancy
would by the OF bs country; If he resigns
in future his senator, the paeancy in the senate
rial representation WHEN he relnqushes the ex-
ercise OF the rights and privileges OF SENATOR and NOT
ONE SECOND SOONER.
Tie constitution gives to each the right 10 re-
sign his seat and when he carries that intention into e
feet by declining to discharge the duties and refusing to
exercise the rights and privileges OF his station va.
caney then happens" But the constitution never intended
give TO each senator the power to cothe the
with authority TO elect his upon the bare enun
cation OF his intention to vacae his seat at future pc
Rod. This will be evident from the following consde
ration of the evils which would flow from such
power Suppose a Legislature in session, engaged in
elec,ng senator for the regular Of six years. and SIX
or more OF the members agree divide the between
themselves and who Then elect oil the conspiraors,
who Immediately announces that he will resign the
end Of year; the same legislature then elects as his
successor another OF the conspratos, who announces