The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-16


cited. and have no knowledge or iu,maon from any
quarter that that question has ever been brought into
consideration. Ii is. whether d senator can resign
his senatorial Office after his death There has been
case OF that kind presented the Senate and there
therefore, precedent that bears upon that question
confess have not been able TO bring nv mind 10 enter
tain any serious doubts that the resignation OF Mr. Clay
as Transmitted TO the executive OF Kentucky year ago.
with proyso attached 10 il that il should take effect on
The hrst OF September last, which after his DEATH
rendered imperative and void by the occurrence OF that
event lhat resignation was presented TO the authorities
OF Kentucky upon the inherent and Indispensable cond
lion oil continuing iiethat he should live to that period
when, by the very terms OF the resignation, the OIL
nee OF senator was to be vacated. | doubt not
that the incumbent himself acted upon that idea
doubt not that when he transmitted that resignation be
fore the aduons abos OF the last session commenced
he transmitted II upon the deaihe fundamental idea
that his life would be continued 10 that PERIOD that be-
ing required in order 10 yacae the office. Not only
II The presumed intention 81 the incumbent, but il
perfectly understood perfectly anticipated by the govern
or and legislature oil Kentucky, that that resignation
was transmitted upon that condition. And that
dlon has never been fulfilled, therefore that resignation
never took any effect 1t is impossible to suppose that
either the incumbent or the legislature OF Kentucky
should have imagined conceived that il possible
that any senaor OF the United States should undertake
resign the Office that he held after the pnod when he
ceased TO be here capable al acting regard it therefore
as entirely imperative, because that implied condition
that Indispensable condition-did not occur.
But what power has the officer his Office after
his death Has the incumbent any power over by
resgning or vaeaung i, or executing any instrument
BY which the Office resigned or vacated, beyond the
boundary OF huRian life Why, it is impossible that
any such act should have any effect upon the Office be-
cause IN the first place, he has power beyond his life
for the power has passed away from him without any
agency OF his own IN irresistible way, and the consti
tuition has made provision Tor that event And besides,
there is no subject for the power 10 operate upon
the power exIsted alter death The Office has passed out
of his hands by the occurrence Of DEATH and by the lime
when the resignation was TO take effect upon that office
both the power and the Office have passed away from
him. There was, therefore, neither power to act nor
fha N f.ra h.In
out OF his hands and perhaps had been filled in con-
stutional manner long period previous 10 the time
when that resignation to take effect, and when, by
the very terms OF II, II was 10 take effect it took
affect al all
II has been said in regard TO property That the owner
may by an instrument act upon that property after his
death Undoubtedly he can, sir but there is no analogy
between the case OF property and the case OF an phca
there no property IN an office The power OF The owner
to act upon his property is through the manner oil ds
posing of it. Has the officer any power 10 dispose Of his
Office after his DEATH Can he do act which is to take
effect after his death that shall have any influence any
control over that Officer No, sir An office can be more
properly compared to life estate rather estate for
years, iemnabe with life Could the tenant In that case
dispose OF the term after his DEATH and when his power
over The property had gomez Can he execute any nsru
ment whatever that can have any influence upon itl
confess that have been able discover ground upon
which can be said that resignation, 10 take effect after
the death OF the incumbent can have effect upon that
olce at all The resignation is void because the cond
lion is not fulfilled is void because there power
il is void because there is office in the hands
OF the incumbent for that power il the power existed,
TO operate upon II seems 10 me- therefore, after the
closest attention have been able give to this subject
that the resignation OF Mr. Clay founded upon mis-
taken idea that he would then be living and would have
an oce 10 resign and he therefore incorporated into his
resignation the clause that should take effect upon the
first of September which proved to be long after the time
be ceased to live. And 10 take effect at that
tlme and not before, II seems 10 me that that resgna
ton was entirely vod-entlrey inoperative-and pre-
sents the like OF which has never been before
presented TO this body, and for which there prece
lst "a hl my haf
has been suggested by any senator upon the other side OF
this question. think. therefore. that there
sgnaton that ever took effect and that vacancy ever
accrued In consequence oil any such resignation was
made.
And with regard these prospective vacancies have
no difficulty IN my mind whatever, If they are 10 be
made by resgnatlons 10 take effect while the incumbent
still IN Office, and while the appointing power remains
unchanged II the governor OF the State during the re-
cess oil me makes appointment before The va
cancy actually accrues and he continues TO have the
10 make that appointment and does revoke the
made, and the incumbent does not revoke his action
then the appointment good and binding and the resig
nation ehectua But there is question with regard 10
any revocation by the incumbent, any attempt 10
call his resignation. II is ordinary OF person
dong an act which he has the power to do, and where
the power continue in him. and where his
and assent continues 10 be given, and II becomes
questioned act an act which is unquestonabe, and no
title in opposition to can be brought into existence
Now how Is II with regard to these prospective resgna
lions and appointments Suppose that ! have been
elected Tor the period OF years. that any senator
ptIlod, aOu ne mas Deen
elected he sends in resignation take effect the end
o hye years. and that vacancy is filled by the legislature
being then IN session. Then suppose that he resigns
again, the resignation to take effect at the end OF four
years thus creating according TO the hypothesis OF SEN
aors upon the other side oil this question: another
cancy which is also filled by the legislature Suppose
that he again resigns 10 take effect al the end Of three
years, also oil two years. and also OF year, and those
vacancies are filled by the legislature Why, sir, II the
hypoheses presented by senator's upon The other side be
true and wegfounded there G no escape from The concu
sion that there would be here five vacancies made by the
same incumbent during the session of The legislature
and also Fix senator's 10 fill the OF a period of
SIX years, and that provision in the constitution which
requires that senator should be elected for six years is
resolved INTO The condition OF that office and the incum.
bents OF that office
Suppose, again, that at near the close OF any admin
lsuatlon, alter civil revolution has been accomplished,
the judges Of the Supreme Court should resign their Office
Their designations TO take effect different periods ranging
IRON one TO hve or years the President then in
ONCE, with Senate corresponding in political view
with him, proceed TO fiji these Offices, and install with
degree OF permanency unknown in any other department
OF The government, the principles OF administration
that about 10 go out by the verdict OF public opinion
And yet il it be true that IL an officer resign the resgna
ton to take effect i've years hence, senator might do
under the doctrine here ADVOCATED it is present va
cancy TO be billed now then the President OF The United
states would have the power 10 h these Offices, and
there would be no mode in that of correcting the
evil unless the ultimate and last remedy could be applied
WHICH, however, could not be done Or suppose now
that your foreign ministers should resign their Tesgna
lions TO take effect the first Of April, May June
next Those Offices are now full Can the present Chief
Executive send into this body nominations for foreign
ministers, to be confirmed here now to ell supposed fu
tue vacancies, because the ncumbenis determined to
resign nj that time and declare that intention by sending