The daily union., 1852-12-15
THE UNION WASHINGTON WEDNESDAY MORNING DECEMBER


ment In this case the governor did appoint months be-
eTe the term expired and the appointment was regarded
good and valid one.
will not delain the Senate by referring particularly 10
the other could cite Here is the case OF Ander-
son, the OF Williams and one or two other
which could refer TO, 10 show that the old rule that
the executive might appoint 10 oil vacancy occurring
in its regular order by the expiration OF the regular
OF senator's But that rule was sci aside In Lanman's
in 1925, believe and since that time the rule
has been acquesced n except IN Sewers They did
acquiesce n that rule then, because OF the tact that
The legislature could not have known what term Mr..
Sewer would draw But they sanctioned the appoint
ment made IN January Tor vacancy 10 occur IN March,
while the incumbent filling his office al the time.
Now, when Mr. Clay resigned and leil period OF
time from the hrs OF September III the end OF MS term
for which nobody had been provided either by executive
or legislative appointment TO fill. was there not such
vacancy that Mr Clay could neither resume fill, and
which nobody else could h which the legislature being
then in session. had right e fill Certainly there was
and the legislature could h that vacancy Now, what
else happened in this case Mr. Clay reserved TO him
self of this term of years all the time up the first OF
September think he bad the right 10 reserve it, and fill
the office up that time, according TO the terms of the
resignation he sent in. But he died before the time at
which his resignation was to take effect and another
question is thus presented His death produced another
vacancy; and what was the period OF that vacancy II
was vacancy IN the time he had reserved to himself
extending from the period OF his death up 10 the FIRST OF
September That was The whole extent OF II. But what
is the argument Of gentlemen upon the question: They
say his death. instead Of producing vacancy IN The
extending through the whole OF the remainder OF his
term. Now there is no reasonable foundation for that
argument-none whatever. vacancy had already been
by his resignation beyond the arst Of September
He had reserved 10 himself The right to up 10 The
hrs, OF September. But dying before that time,
cy created by his death, Including only the
pred portion OF the time he had reserved 10 himself
But gentlemen say, Do you intend 10 make out that
there can be two or three vacancies happening IN the
same erm' Now, sir will give you the dates. have
admitted that when Mr. Clay died on the Goth OF June,
having reserved TO himself the right TO act as senator up
10 the first OF September there was vacancy created by
hi Iaah Rftxu hat Al laQu
only in the unexpired time which Mr. Clay had reserved
TO himself He had, by his act ot resignation, parted
with all the time beyond The first OF September lie had
made that vacant; he could not fill it nobody could fill
II without appointment and the glsature did appoint
before his death ill that time The legislature
cepted that Time which Mr. Clay threw back upon them,
and thew proceeded 10 make the appointment by the eec.
ton of Mr. Dixon for that time. But there was part
OF the reserved himself unexpred and he died
before he had served out that reserved portion OF the
| term. He died two months before the time which he
had reserved to himself expired. His death only pro.
duced vacancy OF those two months. Here, then, in
point OF fact and under the constitution there were two
vacancies and The only novelty in the case-the only
thing upon earth that peplex anybodyis that there
is little novelty in the occurrence OF two vacancies in
the term-the one occasoned by death, and the
other by resignation. There is nothing under Heaven in
the but that which produce moments doubt or
hesitation in regard to the proper course 10 be taken 10
4 let the government regularly operate.
Now, sir can there be any doubt about batt None al
ALL Ii is not entirely that there should be two or
three vacancies in the senatorial term There may
4 be twenty have served IN my short period oil five
years here with Mr. Crittenden, with Mr Metcalf, with
MIR. Clay, with Mr.. Meriwether, and | hope 10 serve
with Mr. Dixon. Here then. in the short period have
been here in five years, shall haze seIyed il Mr..
Dixon is allowed 10 take his seat, with five distinct gen.
| ilemen as colleagues upon this floor. senator may
create vacancy by dying; the legislature may h it by
an election the man elected may die or resign the
legislature the governor h the vacancy, and the
thus appointed may die or resign; and 50, in the
course of years. there may be dozen vacancies in
stead of five. There may be twenty individuals filling
vacancies which may occur from Time to time IN one
one after the Other in this way nobody would open his
mouth-it would be perfectly plain and inelligble
duces the difficulty II is produced upon the ground that
vacancy the first place by resignation, which
is accepted and filled by legislative election and then
vacancy during the reserved portion Of the term is
ated by death, aud that in the Of the legislature
Mr.. u, without concluding his remarks, here gave
way To a motion TO adjourn; which was agreed 10, and
The Senate accordingly adjourned.