The daily union., 1852-12-09
In CONGRESS OF THE u. STATES
Thirty Second Congress second Session.
TUESDAY. DECEMBER Z, 1852
I'm CoNTIRUATIoE.]
SEN AYE.
SENATE.
CONTESTED ELECTION.


| M JONES, of Tennessee, concluded as follows
But have referred many cases. Ii is said that there
IS conf CT here and while gentlemen viii not raise the
question to whether cannot resign an
J&uo they say that there is some doubt as to whether
he governor had the power 10 limit the term for which
hs pro lm appointment was made. These are The only
Two points IN this whole questionable irst, whether
senator, holding seat here had right resign in fu
tsro That is settled If anything settled, by the acion
OF the Senate. Then, the only qneslon is. whether the
governor had the power TO limit his appointment or
whether, as gentlemen assert, his appointments extend
BY the wording OF the constitution until the next meet
ng OF the legislature. That is the only question. il
hat be true, gsnltmsn that The governor has
tot the power to limit hs appointments, then find
seses In strange and extraordinary circumstances.
The constitution is relied apon sustain that position
do not think myself that il touches It, The consitu-
ton says:
IF vacancies happen, by resignation otherwise dur.
ing the OF the Legislature Of State the executive
meeting Of the legislature which sha till such vacancies
/ Now, want TO know what vacancy existed at the
time oil he appointment OF Mr.. Menweher by The COVER
nor OF kentucky. ihe governor had the power TO fill
VACANCIES occaIIingwhen The constitution says that
5. the governor may fill vacancies occurring during the
iecess OF the legislature" Now. the only vacancy that
did during The OF the legislature OF Ken
lucky that CEASED by the death OF Mr.. Clay,
cancy extending the date ol his death unnl the first
Monday in September from which time the legislature
# kentucky had declared that the Hon: Archibald
Dxoi the senator in the place OF Mr.. Clay,
his seat being made vacant by resignation which
he had the right to make, aud which the legsa-
l a III. !
rghtto resign and thereby create vacancy in aturo
and e legislature, being then in session, had the right
10 ill that vacancy, then the question is settled can
! illustrate that proposition by divers instances upon this
iooL Mr.. Berien, the late senator from Georgia,
sged in faaro, his resignation TO take effect upon
en- day fne governor OF Georgia appointed successor
10 I'LL The vacancy thus created. For what length OF
time did he appoint him Gentlemen here maintain the
position that The governors appointment must under the
consttuon, OF necessity extend up to the next meeting
OF tue legislature the general assembly OF The STATE
.
discord get ourselves into the very first step take
How long does The honorable senator from Georgia,
4 Mr CHARLToN,l who now occupies zeal here so ac
ceptiby and agrreaby To all oi us--how long does
he hold his seal Unul The next meeting OF the general
assembly oi Georgial No. sir. Way noii Becaa the
legislature oil Georgia, anticipating iuture vacancy,
eeced another 10 be The senator Tor Georgia from
the day OF March next Then, the appointment
der which the senator IRON Georgia Mr. CHARLToNl
now holds his here does not extend uniii
eebng OF The satare of Georgia because The general
assembly oi Georgia had prescribed rule OF action for
ITSELF aod declared that the term OF Robert Toombs as
renaoT from Georgia shail commence the 4tb day oil
| March next. So has II been in other cases.
Suppose, Mr. President. that the remaining senator
from kentucky-Judge UsDERwooD-should die or
resign his seat between this lime and the 4lh OF
March next Kentucky has elected person TO be her
from the 4h OF March next to succeed Judge Us
DERwooD. Suppose Judge UNDERWOOD should resign
Tomorrow. would the governor OF Kentucky have the
power make appointment 10 extend until The next
meeting OF the legislature OF Kentucky VIII any man
assert thatl Will any hazard his reputation upon
any such asserlioni No. he would not do that Tor
the governor clearly make such appointment
Then, il the governor bound TO place restriction or
Limitation upon his appontmeni-or raiher ii he is not
bound IN the TO make appointment 10 extend
from the day OF appointment un the next meeting OF
the legslature-how can he be bound 10 make such
appointment in the other casel The constitution makes
no ditere ace between the cases but simply gives 10 the
executive the power i'll vacancies occurring during
recess OF the egsature-no power than thai, and
no less lie has no power 10 say that the appointment
shall extend 10 the next meeting oi the general
bly,, because, where the legislative action of the State
has gone before has been held and assumed that
the legislative power was the superior power and ent
lied TO superior consideration and bad priority OF claim
over the executive power OF the State
The constitution which is relied upon in this case, and
which ought to be revered by every true man. vests the
power OF choosing senators-wherel el That power is
vested in the legislatures OF the respective States The
legislature ~ the great primary power for appointing
senator's The trainers OF glorious constitution,
lln their wisdom, anticipating the difficulties that might
grow up, provided a remedy by which all vacancies
during the ineTfegnum oil The legislatures shall be
hlled by the government For what purpose
this done Simply 10 secure 10 the States their
just and equal representation in thus branch OF lhe fed
era government II was for the purpose Of guaran
tying 10 each OF the States OF this Union, under
every state OF circumstances that could possibly arise,
just and equal participation IN all the benefits growing out
OF the exercise OF this function, and Tor other purpose
whatever The legislature OF the State was not ia per.
peual session and the trainers OF the constitution fore
seeing and knowing that provided that where vacancies
did occur during an inteuognum OF the legislature,
there should be a secondary appointing power fscox
nised by the constitution that should fill such vacancies
VI lns Oe t0 lnal Tue legislature mas tue Chlef and
primary power and II there should be conflict between
the legislative power and the executive power, how
ought the question 10 be setledl Now, SIR strong
point, n my humble judgment, be presented in
this The only claim that be asserted here H.
ha, Mr.. Merweher has right TO hold his seat under
the executive appointment Of the governor OF Kentucky
think Il Is clear that the executive exercised all
the power the constitution conferred upon him
when he appointed Mr. Merwether 10 oil the vacancy
which had been created during The recess OF the egsa
ltufe-hat vacancy being only for the time which elapsed
between The death OF Mr. Clay and the time which he
bad previously fixed for his resignation. II there he
doubt, how shall that doubt inure II there be
lct between the legislative and executive power, the
whole history OF The Senate and all its precedens, from
lis very oRanzaon down 10 the present moment, with
out any exception lar as all 60 TO prove
that the preponderance is in favor OF the legislative
power They all proceed upon the principle that the
State; and where there doubt, whsre there is
hct. the priority has invariably been accorded to the
legislature over the executive
Mr. President, IL there any controversy here Happi-
y Tor us, there controversy. Tue legislature OF
Kentucky exered its power according 10 the requirements
OF the constitution, aud obedience 10 the as OF the
Slaie-which have before me-in the election oi Mr.
xon Under the providence OF Heaven, vacancy oc-
CURED from the death Of Mr. Clay and the executive oi
Kentucky comes forward to discharge his duy and how
does he do ~ Why SIR, he does II by appointing Mr.
David Menweher TO be senator IN the Congress Of The
United SaiesiO what leagh OF time lrpeciy Ing in The
instrument that ii is from that dale until the 6gst Mundak
| in September Whyl Because the executive OF Ken
lucky knew that The legislature o Kentucky had provi.
ded io Ter place in the Senate Of the Unsd States from
the hs Monday 10 September and, he SAID lie houof
and intelligence, and for the disnleestedness Of the ex
ecuve OF Kentucky, he confined himseif strictly whln
nad ht tbal ha Mr.