The daily union., 1852-12-11

dale OF his intended resignation he died la The case
under discussion then, there analogy TO the ec
uon OF senator in anticipation OF the expiration of the
term OF the sitting member for here the vacancy alb
solule, unconditional, and by limitation OF law
But, whether or not legislature has the right TO fill
contingent vacancy in advance OF its actual occurrence
Is not necessary for the decision OF the before
determines for the prospective and contingent vacancy
The senatorial representation Of Kentucky, anticipated by
The election OF MIR. Dixon has moi yet happened. MIR
Clay has never resigned his seat in the Senate Up
the latest hour OF his life, he de s and de facto
senator from Keniuckyn the enjoyment OF the rights
and emouments of the position His purpose 10 vacale
bis seat by resignation the ls September was inter-
cepted and made impossible Of performance by his death
in June. The vacation by resignation anticipated
by the vacation by death, II is absurd say that seat
in the Senate be vacated first by the death Of the
cupant and afterwards by his resignation. All right
title, Ind claim TO The seat ceased with the death OF Mr.
Clay, and he had nothing to resign. His seat
Gated by his DEATH and the vacancy thus created
filled by the appointment OF the executive of Kentucky
Mr. Dixon elected by the legislature to fill vacan
cy which has never occurred, and which
cur MIR. Meriwether was appointed by competent
authority to fill an actual existing vacancy
Tha writer nf the "0pinnn' in the Infsligepcer con-
tends that the election of Mr.. Dixon null and
void, yet is Mr. Meriwether not entitled TO the seat
because has commission Is expressly limited 10 the first
Of September, But the constitution prescrbes that APP
pontments thus made shall continue until The mart meet
ing Of the legislature The limitation therefore, in Mr.
Meriwethers commission is simply void and, having
been appointed to fill the vacancy occasioned by the
death Of Mr. Clay. his title TO seat in the Senate con-
inues until the nert meeting Of the legislature Possibly
il may be contended that this unconstitutional limitation
vitiaes the commission although such position would
be against the whole analogy OF the law, which teaches
that void condition does avoid the grant The su
preme Of Kentucky has decided case precisely in
point
The constitution of Kentucky vested in the several
judges of the circuit courts the exclusive power of ap
pointing their clerks, and prescribed the tenure Of
their Office when appointed, TO be for and during
their good bshauOr. The clerkship of the Mon,gom.
cry circuit having become vacant, the judge pro-
ceeded to appoint by the of Harrison
clerk, but limited the term Of his appointment to The
merit March term of the court, at which time he Qhe
judge) proceeded to appoint Stonesireet clerk in the
place of Harrison whose term be contended had ex-
pred controversy between Harrison and Stone
street as which Of the legally the clrk and
there decided in favor OF Harrison the ground that
the Judge had power place restriction limila-
ton upon the term for which Harrison was appointed
In this case the court decide in effect that no limitation
other than the prescribed by the constitution can be
placed upon the for which officer is appointed by
the appointing power; and that although Limitation
may appear upon the face Of the letter of appointment,
the appointment good one, and the limitation alone is
lva,1 (Caa II ,tal ,,YD ~ r IA
As therefore, Mr. Meriweiher was properly and le-
gally appointed to fill the vacancy in the senatorial repre-
senta,on of Kentucky occasioned by the death of Mr.
Clay-as the election OF Mr.. Dixon was null and void,
and the vacancy which he to fill has never hap.
pened-and as the limitation in the commission of Mr..
Meweher in conflict with the constitution and there
fore nopeatve-, follows that Kentucky is fully repre-
sened on the floor OF the Senate, and that Mr. Meri-
wether is legally and rghfuy the occupant of the seat
vacated by the death OF the lamened Clay.
The writer OF the Opinion" asserts that the governor
OF Kentucky sought 10 limit the appointment of Mr.
MeHweher, because he did not wish Mr.. Merwether TO
occupy the longer than the st OF September and
that Mr. Merwether claims his seat in opposition to
the will Of the executive OF Kentucky. This is no, true
The attention Of the governor OF Kentucky had not been
called 10 the nvadity of Mr. Dixon's election He lin
| tied MIR. Menwethers appointment on the assumption
that he had the power TO limit it, and that the election of
Mr.. Dixon legal and valid There is, then, no
force in the ariful insnuaton that Mr.. Meriwethers
claim is based neither upon the election Of the legisla
ture nor the sanction of the governor Of Kentucky.
In conclusion, beg leave to suggest that the ques
ton involved in the before the Senate is one of ex
treme importance. Its decision will stand as the law in
all similar cases IL the election OF Mr. Dixon be valid
and his title good, then may the executive OF State in
all cases. be deprived OF the power Of appointment by
collusion between the legislature and the sitting member
decision in favor OF Mr. Meriwelher will protect the
power of the executive, and will clearly distinguish be.
tween its rights and The rights OF the legislature in all
OF vacancies in the senatorial representation OF
State.
/ Mares Nest.
The National Iaisigeneer OF yesterday morning gives