The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-22
CONGRESSIONAL.
DEFERRED DEBATE.
MONDAY. DECEMBER 20. 1852.


q .- i
Ff- SENATE.
4 SENATOR from gEsTucEY. tt.t @
Mr. RUSK l hope, Mo. President, that, according TO
suggestion thrown Thursday last, The Senate
will come to vote upon this question day II is due
TO MI Meriwether il due TO Mr.. Dixon, il is due TO
the State OF Kentucky, and think il is also due to the
business of Congress- that il should be terminated
rs possible aud an glad that very little blame for
this delay. far falls upon and can be charged to this
aide OF the chamber
as expect in my vote 10 dHer from many distinguished
gentemen, for whose opinions entertain the very
highest respect, have Therefore clan,sd the attention
Of the Senate while ! briefly give the reasons winch
will influence my vote, without entering 10 any extent
isgo the Arguments upon either side The night TO be
represented in the Senate OF the United States is one OF
the most Important rights Of the States a. such ! Is an
Aoor all the States separate and distinct comm unltles
meet upon an equality the smallest State in the Union
ine same weight as the largest State The trainers Of
ibe constitution, with much delberaton. adopted the ar
iclss upon this subject of senators. And they came
very wisely, think 70 NE conclS.on ha,, ~ Tue exer
the safest deposiiares, in whose hands such power
should he placed Another difficulty occurred; and that
was that vacancies might happen when the State egs
atures were not session. and to be represented here
at all times was matter Of Importance they provided
that ia such emergencies in the words OF the constu
ton that "if vacancies happen by resignation OR other
wise during the of the legislature OF any State The
executive thereof may make temporary appointments
Ill the next meeting Of the legislature. which shall then
fill such vacancy" This clause establishes two points
the first is that here has the right to vacale
his seat by resignation in the second place. the anthor
~ given 70 the governor merely temporary, and aP.
peal made the legislature exercising the most ful
and complete power over these appointments These
two things think very clearly established by this
clause OF the constitution
No oneI believe, in This argument has pretended 10
doubt that Mr. Clay had right TO resign AT the time
he penned his resignation he senator in this body
his term of office extending up 10 the third day OF March,
1885, He had commission iron the constitutional au-
thority OF the State of Kentucky, senator in this
body up TO the 81 OF March, 1856 That fact no man
questions Tor moment That authority had been con-
ierred by the legislature of Kentucky upon Mr.. Clay
and had been accepted by him. and the act made
pleie The constitution. then. recognising his right to
resign the whole part of his term, early in DecembeI
last he resigned his seat in the Senate OF the United
Sates that designation 10 a.s eesi on sne nrsi Mon
act so far as he was concerned. To whom should he
rssgni Why. most certainly, think TO that authority
and to that power which conferred The commission. III
then he had the right TO resign and the legislature had
the right to accept that resignation, when they did accep
il complete act, creating vacancy in the sena
toal of one of the senators from Kentucky from
the first OF September, 1884, until the Sd OF March, 1853
Nobody has pretended to doubt thai If Mr. Clay had
lived up The first of September and Mr. Dixon had pre-
sented himself here with commission from the Iegisa
ure of Kentucky Mr. Clay would not have been entitled tc
occupy his seat longer han up to that lime. aud
would have been entitled TO it. That admission car
ries with what think. is fatal TO any other construc
on and that is, FIRST ha, the act was complete, and be-
yond the control OF Mr. Clay and the Precedens OF the
senate ss in precisely similar cases have decided to ,hs
certain and fixed lime when the vacancy in the term fol
which Mr.. Clay bad been elected did exist
Now, with regard 10 its operating in fauro. ltwhile
living he could control withdraw ii, then does the
circumstance of his death alter the casel Ii seems tc
clearly not. We have MIR. Clay's opinion Tor wha
il 10 worth that he had right to resign; and also
have his opinion that the legislature then in session had
the right to f the balance of his Then have
the deliberate expression Of the opinion OF the legsatu
Of Kentucky--he State Immediately and directly inter
esed in this malierthat they bad the right 10 bill this
vacancy, although IL was TO operate in the future II MIR
Clay has fallen into an error, and the legislature o
Kentucky have fallen into error likewise, II is one
into which they led by the precedents and the de-
csons OF the Senate in precisely similar instances Ac
csrdng 10 those precedens and decisions if the resgna
lion and its acceptance created vacancy, then that one
had been completed and they had the right to at upon it
and the Legislature may accept that resgnaon and tha
is the principle involved. Now, If they fell into az
error 1. m error arising from the practices Of THU
body in precisely similar cases,
opinion is that they exercised right which they const
utionay had the right to exercise. can seeno differ
ence in principle between eecng senator before th'
tine that his services Tor six years. and elect
ing before his OF service commences tor onll
three years. can distinction between the case
as far the right is concerned for IN each case is th
exercise OF power by the legislature which they have
The right TO exercise under the constitution II would
not make any difference in the rights OF senator whehe
be elected TO bill full term OF six years to MI
vacancy OF one year. The one elected Tor one year
Just much senator during that lime as The one elect
ed Tor ak years. tsifs
II has been the universal practice, and think th
right one OF the government since ITS foundation. ha
the Senate should always be kept full by election, when
the OF the service OF any senator is known
the legislature, and fixed and determined In the cas-
OF Mr. Sewer, of Arkansas, that 70 the principle heC
forth there His appointment by the governor was nc
ceped because the time which his expired and
term began no, known TO the Legislature Iha
is the ground on which II placed in the committees
port made in that believe, which has been reaC
here. .. ora
rect
Mr.. RUSK This, then, is my opinion. and II is
conviction from which cannot cscapetbai il was the
intention OF the trainers OF the constitution TO vest pr
marly the legislature OF the Stale the power to choose
senators. cannot therefore, consent to give iachnca
construction TO the constitution so as 10 deieaf Tho IN
en,ions Of its iramers II would be disposed 70
give q liberal construction to that Instrument, and 10
carry out fully and eectually the intentions OF the fra
men OF IT, when they have made il plain 10 me, would
certainly be in these cases, which involve the rights o
States separate and distinct communities In THIS
matter we have The voice OF the State OF Kentucky and
! think we should avoid construction so technical as
10 defeat the object intended by The trainers OF the con
s,iution Everybody will admit that the trainers OF thai
instrument have shown an anxiety TO keep the Senate
always fullso much 50 that they have gwen lbe ap
ponmeDt OF senaiors in certain emergences 10 The gov
ernor OF the State Nobody doubt their intentions
that respect And yet they have used language IN thai
instrument which, il technically construed, might In
which might arise defeat their object entire
ly The article which have read from the constitution
says that where vacancies happen during the OF the
legislature the governor may appoint until the legislature
shall meet, when they shall elect Now, is there any
absolute provision here for vacancies winch may hspPsn