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

anon his own lssgaalloa and upon The proceedings OF
,hs Governor and oi the lee isstuie. 4 Fl ss8sI
h, seems 10 that metaphysical subtletiss had better
\, avoided in practical dascusson ike tins. depending
,.an plain provsion OF the constitution, And think
- thai points OF law, TO be found IN books
s.pecing the rights OF property and the exteat OF The
- a. of those possessing Them. which the Ingenuity oil
isss has often ol, equally oa OF place upon
nh AN OCCASION The principles involved in this matter
~ neither deep nor complicated The act OF Mi Clay
- Al nchOate one, 10 become complete and effect ual
y" The first day OF September if he was then living
Nv Il be was then vings ioG certainly ACT OF an
iasumbsnt affect The tenure OF office after his
Isath And distinctly understood that that was pre-
;.ay the point made by the honorable senator from
conneclcal, [Mr TouoEy j and which was assaied by
,Ss honorable senator from New Hampshire. tMr.
Hnrl as thought very unfairly. Death certainly dis
!. he senator from New Hampshire represented. OF
,hsr whether
dead man can resign. bu whether the acts OF dead
man made when living can ass any OF Toe attributes Ct
0sc,icut that they cannot ata lteh,
have nothing TO say concerning the question which
has been raised here Of The power oil Mr. Clay 10 with
Iav his resignation alter he offered II and before his
I.ih because thai question IL not in my way. Whether
syoeabe or rrevocabe, il dC-s not bear upon the
clason Il which arrive n.at 81
no vacancy and the ACT Of the Legislature was equally
nchoa,e filing none unless rendered perfect by the
euTencs OF the fact upon which their operation de-
pended. 80,
VI III
eur 81 the fret day o September Certainly not; for
I'D seat 81 Mr Clay beeaS vacant in June preceding,
and no previous ACT OF his could have any eject IN ter
ausiiug the vacancy in creating another at the time
airated-for he then dead, and all his connexon
nth Inc Office or control it had ceased Az it was
on ibs 81 day OF August was on the first day Of
S - There was nothing for the resignation to
operate on; for the Office had departed from him. or
rsher he from the office. he said 70 the legislature OF
Kentucky hold this Office I'LL the frs! day Of Sepem
b.r hsn renqnh j. Ba. before thai time Il the act
atve proceedings to which il led. An illustration may
confirm what appears to me nothing can render clearer
Suppose the legislature bad been in session upon the
aeaih OF Mr. Clay, any one doubt their right 10 I'LL
The Office with constitutional tenure for the residue OF
hia term of servce2 Ii they could not then Mr.. Clay
created two by his death. and another by
his resignationbo,h OF which required the action OF
the legisaturean anomaly utterly unknown 10 our
stu6on. aa @ta. ~ a
The view have taken reconciles the proceedings of
The legislature OF Kentucky with the plain provisions OF
The constitution respecting the happening 81 vacancy
IN it's recess, by considering the proceedings nchoate
and INCOMPLETE. though regular but deprived OF any
ldy by subsequent occurrence which prevented the
rssiEnation from taking effect. t@a
tgt-sAH fro Continued