The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-21

IL in person-for six months after The resignation an,
The election OF Mr. Dixon. have lis OF the dates a
which Mr.. Clay drew his pay member OF The Senate
and they follow: The 18th OF December The da,
after his resignation; the 2lst of January; the ith
February the 18th OF March; the OH of April h.
9th OF Apn; and The nth OF june only two OF thres
weeks before his DEATH These facts show that the sea
was not vacant bat occupied by Mr. Clay, and tina
no vacancy did occur until the death OF tina. dstn
guished statesman vacancy. then. occurred In hi,
body by the death OF Mr. Clay the 29th OF June. II
occurred by death, and not BY reslgnaton. Up TO thai
moment there was no vacancy The legislature OF Ken
lucky not being session at the time OF thai death
was vacancy occurring during the OF the egisla
ture, and which, according to the very language OF tn,
constitution. incumbent The governor 10 I'LL b,
temporary appointment The language OF the consul
tuition upon this point is very clear and explicit:
sand If vacancies happen by resignation otherwise
during the OF tbs legislature OF any sae the
tive thereof may make temporary appointments anii III
next meeting OF the legislature, which shall then I'LL sucl
vacancies"
Now sir. submit to you whether il was not the du,,
OF the governor OF Kentucky under the constitution, IL
make Temporary appointment IN the place OF MT Clay
deceased The governor not only had the right 10 make
The appointment but II was his imperative duty under
the constitution to do He did make appointment
temporary appointment, and, il anticipating this
very dhculy and anxious not to prejudice the question
Kentucky, he made that appointment in peculiar form
OF words. He appointed MIR Menwether to be and TO
act senator OF the Commonwealth Of Kentucky until
The time the resignation of the seat by Henry Clay
shall take effect That is the language OF MIR Meri-
wehers commission. Evidently the point OF time there
alluded TO- in the eye of the governor, the frs, Mon.
day OF September, because the legislature OF Kentucky
had elected take The place from and after ha,
day But, instead OF specifying that day. the governor OF
Kentucky very properly, in order to leave the question
open, specifies until the resignation OF Henry Clay shall
take effect He thus leaves the question 10 the Senate to
decide when that resignation would take effect, and
whether would take effect not after the death
OF that distinguished statesman
MI. JONES, OF Tennessee, Qnerposng) VIII the sen.
a
do not wish 10 reply to him
Mr. DOUGLAS, Certainly.
Mr. JONES l understand the senator 10 say that
there vacancy created by the resignation OF Mr.
Clay would ask the senator II Mr. Clay had lived mp
10 the first Monday in September, could he have re-
famed ms seat az senator here And i not at what
Mr. DOUGLAS. Mr. President, | shall only make
this answer 10 the question which the senator popounds
understand that this body, in the case Of Mr. Bledsoe.
did decide that where senator had resigned. 10 take
effect at future day. and where the legislature had in
ieposed had accepted the resignation, and had filed the
place, this body would not then allow that senator 70
have made the same decision moi, in case there had
been no election am not prepared to cay But in this
case, as there had been election the precedent to
which have referred the senator win answer his ques
lion; and in the fow remarks have yet to make, do
not intend to counter TO any of the presidents
will occupy the time of the Senate in attempting to
febui them, although may doubt their validity, for the
simple reason that do not think any of them reach the
question in this And il the senator will only wait
and hear upon the point in issue, he will the
why insist that this case 10 not affected By any Of
the precedents
This was case, then, where the governor was au-
thonzed 10 appoint the vacancy having occurred during
the recess II is where the governor was COM
PEELED 10 appoint, being case OF vacancy occurring
during the recess The governor did appoint, The con-
stu,ion in the clause which have quoted, fixes the du
ration OF the appointment; and what is ~ Until the
next meeting Of the legislature" That term OF duration
having been fixed by The constitution. there no other
power than that instrument which can override II or
shorten IT, There is one exception under the constilu
tlon imposed by the constitution ITSELF upon that duras
tion The exception is that IT, in the time, the
atoal term out Of which the vacancy happens shall ex
Pro ,hen The govrrnors appointment c1pres With that
Term But H. on the contrary The legislature meets be-
fore the expiration OF the term then the appointment
must continue until the meeting OF the Legislature That
the construction give the constitution That il the
way the constitution reads.
That brings me 10 another point and IT is this: What
is the duty OF the legislature when they meet The
constitution says that the appointment shall last until the
next meeting of the legislature. which shall then proceed
"a I'LL such vacancy When Is the legislature TO fill
the vaeaney When the legislature meets next after The
date OF The governors appointment Not before the gov
einors experimentation before the vacancy happens
but shall then" the first meeting OF the legislature
after the appointment, fill the vacancy. The constu.
lion, therefore, says in express terms, that in
where the governor has the right TO appoint and where
be does appoint the vacancy shall not be filled by the
legislature PRIOR 10 the governors appointment, but shall
be filled subsequent 10 that appointment This is the
case provided fqr and pointed out 10 the consiiu
hon. Your precedenis do not apply 10 this The pre-
cedens apply only where The resignation takes
place during the session. and where there was
cancy happening by death or otherwise in the recess
II Mr. Clay had not died In the recesslf he had lived
gn the hrs, Monday in September-ihe presidents
would then haye been csses ~ point, But he having
died in the time, you have no preceden,s 10 point.
Those precedens are founded upon construction
where the constitution is silent In this the
slution is not open 10 construction, because is terms
express, clear ard imperative, 50 thar they cannot
be misiniepfeled or mlsubdeTsiood-rthal wbere va
iDcy happens during the recess and the governor aps
poinis that appointment shall last until the meeting oil
The legislature which shall then ill such vacancy"
What vacancy, ! ask 2 Why, The vacancy which hap.
pepel during the reoosthe vacancy which the govern
or filled by temporary appointment until the meeting
OF the ,eg salurehe vacancy then remaining from The
meeting OF the legislature TO The expiration OF the term
Tbes what was the extent Of the vacancy in this
Its exeu, s from the period OF time when the election
made by the Legislature unit, the expiration OF the term
orius so many months or so many days have proved
that this vacancy that occurred on The 6rst
Monday Of September. 1864 That resignation would
be matured if Mr. Clay had lived II is not vacancy
even occurring by the death OF MIR Clay but the vacancy
produced by the dsath Of Mr. Clay, and temporarily filled
~ To the meeting Of the next Legislature which can be
piEaiion OF that senatorial term,
insist therefore, in the first place, that this is
which has never before occurred IN The country under
this government. There Is precedent in point There
instance that be brought TO bear upon il 10 eu
cidste it The ptecedens that have bcep cited do not
reach tho ease You are bound To decide the question
according TO The language OF THO constitution reads
and that languages that the leg stature shall eleot alter
the governors appointment, and not before.
All that have further 10 say upon this question is 10
refer one point that has been much dwell upon by The
honorable senator from Tennessee, LMr Josr.,l and
which has been often referred To during this debate
do not refer 10 IT because think bears upon The ques-
Ia, has ko>o