The daily union., 1852-12-11
Senator souLr reached the city yesterday.
The Contest In the senate.


occasion Of much dispute the country No democratic
journal has, as believe, undertaken 10 decide the
non, in issue, while the whg press in many instances
have preiudged the by dogmac assertion and nge-
n,ous instrumentation To counterac the effect OF
,her partisan and distorted views propose TO submit
sone considerations in support OF the right of the ap-
nointee of the governor, opposition 10 the claim OF
Mr Diyen. To our mind. the communication OF
.yimines, published in the Union OF the 7h is con-
.nsive az the question Less. therefore, to make
.,,ument in behalf OF the right of MIR. Meriwether,
han 10 reply to some objections by which it is sough,
:, nyadae that right propose TO examine the posi-
lions Of an "opinon' IN support OF the claim OF Mr.
nvon which the Naiioaal Inegeacer introduces to the
noblc with the aat,ering assurance that it is "from the
nan of one Of the most accomplished aud able constu-
tional lawyers in America"
Tho essential facts OF the are well set form by
re New York Times, whig journal favorable to the
claim of Mr. Dixon Promising that Mr. Clay' In 'he
snr;Dg Of 1852 transmitted 10 the legislature CT Kentucky
then in session, resignation Of his seal IN 'he senate
,,E, ,f, on the Isl Of HE ensuing September. we give
the statement OF the Times:
The object OF this movement was apparent to all ana
M, denied by Mr.. Cay himself, that we are aware oi
The legislature OF Kentucky and wing. ne govern
or is democrat The legislature meets oienniay, ana
ys in session at the when Mr. Clay sent In ms resg
na,ioo His object give the legislature, then IN ses
.ion an opportunity elect his successor ; else, II ne
,hood resign aer the adjournment OF that boay tue gov
enor of the State woad have power 70 MI the Vacancy
and would probably select indvidnai o. ms own parry
VINO would hold IN the Senate neahy '"o yeais' VI
until the Legislature should again meet
On receiving Mr. Cays resignation, to take enect ~
6.,ro The legislature Of Kentucky elected Hon Archioaia
Dixon senator Ill The nnexpired balance OF ms efm'
from and after the September. the date OF MS iesgna
md the
TO MIR. Dixon. -., .
Rnr dnring The month June last. nearly three months
,or 10 the day on which Mr. Clay's resignation was APP
pointed 10 effect his senatorial career was closed o
death, Mr. Dixon course, could not succeed him untii
the first September, the period from which ms commission
dated The governor accordingly appointed Mr.. Meri-
weher TO ill vacancy created by The death oil Mr clay
un the hrs September, 10 which date his credentials
were made out governor thus recognising the binding
force o, the election OF Mr. Dixon by the legislature and
the temporary apponiee repaired TO Washlngon ana oc
cupIed Mr.. Clays The close OF the session
With the .oblec, Of the movement" as represented by
,he Times, we have no concern present. although
this disclosure Of plot 10 rob the executive of Ken
lucky of it's constitutional power will scarcely contribute
anything to the strength Of MIR. Dxons claim.
The power of the executive of State to fill vacancy
in its senatorial representation is derived from the fol-
lowing clause IN the constitution
"And vacancies happen, the senae) by resignation
or otherwise Of the legislature OF State the
executive thereof may make temporary appointments until
The next meeting the legislature which shall then MI
such vacancies"
By this provision the constitution confers upon the ex.
ecutive OF State the power OF filling vacancy happen
ing by resignation or otherwise in the Of le isgisl
tue" II the vacancy during the session OF the
legislature, upon the legislature devolves the power
of filling it; il during legislative recess. the cx-
eeutive Of the State may fill the vacancy by ap.
pointment Did vacancy 10 the senatorial rep.
resena,ion Of Kentucky during The recess OF the legs-
laturei Certainly not The resignation OF MIR. Clay
did not vacate his seat for he continued TO occupy IL
and 10 exercise all the rights appenaining TO H. But
vacancy did occur dpng The session OF the legislature
by the death OF Mr. Clay, and the executive OF Ken.
lucky in the exercise OF clear and unquesoned right,
filled the vacancy thus arising, by the appointment OF Mr.
Meriweiher II Mr.. Meriweihers appointment was
valid in the first instance-and such il is conceded 10
have beenhis claim 10 the seat is good and nds.
putabe for while the constitution gives 10 the executive
of State the power OF filling vacancies happening du-
ring the recess OF the legislature il prescrbes that sp
pointment thus made shall continue in force until The
nexi meeting Of The legislature. By no act OF prece-
ding legislature period end put 10 executive
appointment seat ia the Senate before its con.
slituonal termination by act OF Stale legisla
ture can a State executive be deprived Of power
conferred upon him BY the constitution of the
United States So. lhen the position was properly
taken by Senator Gwin, that vacancy exists In
the representation OF Keniucky-Mr. Meriwether be-
Jog the senator from that State by executive appoint
ment until the nezt melting of the legislature.
The foregoing argument is met, not by conending that
vacancy occurred in the senatorial representation OF
Kntucky, during The session Of the legislature by the
resignation Of Mr. Clay bat by claiming for the legisa
ure the right 10 make an election in anticipation OF a
va:ancy And the ap hoi OF the article 10 the Ineli-
gsneer undertakes to export this position by pleading
the practice Of the State legislatures which invariably
elect successor TO a sitting member before the ac-
tual expiration Of his But the analogy does not
hold The legislature Of Kentucky elected Mr. Dixon
10 FIJI prospective contingent, and uncertain vacancy
Mr. Claws resignation was not an actual abandonment
of his scat Il was simply promise TO vacate Il at a
future tme-a declaration OF purpose which he might
have recalled before s actual execution The writer in
the Innussntsr contends that Mr. Cays promise to resign
was irreyocabe but this position is maniiesy uaen'
able senator has a right TO his seat daring The Term
for which he was elected, and declaration ot pur.
pose TO vaclie il, promise to resign matters not 10
whom made, can deprive him of his right Nothing but
an actual bona fds resignation Of bis seat with its ptv-
leges and dgniy, deprives him Of his right to il. The