The daily union., 1852-12-07

year and Of the third class the expiration OF the sixth
year that third may be chosen every second
And IL vacancies happen, by resign Otherwise du
ring the Of the legislature Of any State the executive
thereof make temporary appointments until the uext
meeting OF the legislature which shall then III sush va
cancies"
"A message here received from the House OF Rep
resentatves, by Dir Forney, their clerk announcing TO
the Senate that quorum Of the House OF Representa-
lives have assembled, and that the House ready 10
proceed to business also, that the House have passed
resolution appoint committee, 10 JOIN such committee
may be appointed the part OF the Senate 10 wait
upon the President Of the United States and inform him
that quorum OF the two houses have assembled and that
Congress ready 10 receive any communication he may
be pleased 10 make. Messrs. JONES' HAVEN, and RoE-
BINS being appointed the committee for that purpose on
the part of the House.
Mr. BRIGHT then submitted the following resolu-
ton;
Rssoiusd. That committee be appointed, jointly with
the committee upon the part Of the House of REPRESENTA-
ves 10 wait upon the President OF The United States and
inform him that quorum oil each House has assembled
and that Congcess ready receive any communication
he may be pleased to make
The resolution was considered by unanimous consent
Mr. BRIGHT moved that the committee consist oftwo
members, to be appointed by the Chair Unanimous con-
sent being given, Mr. BRIGHT and Mr.. DAVIS ap
Mr.. COOPER resumed 1t will be seen, then, Mr.
President that The authority conferred upon the
tive OF State by the constitution exists only in
where vacancy during the OF the legsls
ture OF State In other has the governor power
TO appoint In this the vacancy did not during
the recess OF The Legislatures at least, the period at
which il was to be ed did not occur during the recess
The resignation had been made, tie had resigned pre-
viousy, but 10 take effect subsequently,. The governor
made appointment, and he limited, that appointment
the time at which his act should take eject That
appointment was made. oil COURSE subsequently, 10 the
death OF Mr.. Clay. The power, therefore, conferred
upon the legislature by the constitution the legislature
always being the body 10 eechad been given before the
action OF the governor and II Is universal principle In
such cases, that where body having power 10 act has
acted its act is valid unless it acted improperly at the
time. Now, is it pretended that IT did SOL ln every
case, presume that has occurred since the louniaon OF
the government OF similar kind the election has taken
place after the resignation OF the SENATOR and before the
appointment by the governor In the late case in Penn
syvana, occurring not many years sincel aude TO The
resignation OF Mr. Buchanan-the Legislature OF Pennsyl
vana proceeded in the interim between the time when
he resigned and the time when his resignation took ef
ec TO elect senator in hls place, and did elect Mr. Cam
eron Now my point is this il the legislature Of Ken
lucky had the power at the time they elected Mr. Dxon
It's act was VALID and cannot be superseded by any act OF
seems to therefore, that it is perfectly clear case
and that there scarcely be question upon he sub
Ject know, sir that II is contended, and do not doubt
at all myself that the Limitation OF the governor IN case
like this is without effect, and should be regarded as
perhuous know that such has been the construction
given TO such Limitation and there douot in my
mind that II is proper construction although know
that friends oil mine upon this side OF the house differ
from in that opinion But sir, that does not matter
at ALL because the ac OF the Legislature being valid al the
time-Mr Dixon being elected 10 succeed Mr.. Clay and
all the time subsequently, the period at which his
ignation took effect being filled by that electionthe gov
ernor had no power TO bill vacancy, except in the in
terim between the nme OF MIR. Cays death and the time
at which the resignation was TO lake effect.
Mr. MANGUM. Mr.. President, design 10 make
few remarks upon this subject The senator from CALI
fonia Mr. GwiEl is mistaken n the allegation that
there precedent Of this description since The lorna
lion OF the government. So far from that assertion
being correct there precedent exactly in points and
as the lawyers say In QUARTS pedrbus looked at it
this morning. Mr. Clay, the year ls42, in The month
OF January, resigned his scat in the Senaie TO lake effect
upon the 3st OF March or the lst OF April following.
Mr.. Criitenden elected and naiice of that was
sent 10 The executive OF the Slate of Ken,uckyho Old
clal information given upon this OCCASION Sir, in
the month OF December last, Mr.. Clay sent his resgna
ton 10 the governor OF Kentucky TO take effect uon the
first day Of last September, No official notification
sent in which respect both designations exactly
alike in the first instance. Mr. Crltenden elected
in the place of Mr.. Clay, and he arrived in the city Of
that seat Mr. Clay presented his own resignation, and
before he took his seat he also presented the certificate
took the oath OF office. He then made his farewell ad
dress to the Senate and Mr. Crtenden occupied his
in this body In that instance there whisper
oil oolef.on from any quartet passed OF with perfect
nnanmiiy, not only upon the part OF the governor OF
keniucky but also upon the part OF The Senate oil the
United States.
Sir, had hardly expected TO live 10 see re-enacted
here in the Senae OF The United States the OF the
New Jersey case. That years ago in the
House Of Representatives; and thought that was
burned and branded with brand heated TO white heat
~ the public reprobauon OF the whole United States, 10
cluding OF all parties Sir, when credpnta pre-
sented here under the proper Signature and in proper
lorm, IT IS always considered prima Jes evidence as
have understood ever since have had a seat in this
body-it is always accepted. That by no fore
closes reexaminaion and investigation afterwards
The stale IN the mean time is entitled 10 be represented
and by whom she be represented except by him who
presents primd deie evidence OF title II ppon exam
nation should turn that bis is not good case, then
another take his place There is instance to The
contrary, 10 my knowledge. do not know TO what
the Honorable senator from Tennessee audes Certain
ly has occurred lspprehend in my time, your
time. MIR, President, which is longer than mine.
Sir, II II is designed TO make question about the fill
ing OF this vacancy let the who makes the pra
fac presentation here be received and the oath admins
tered then the be referred 10 committee Tor
examination, and Kentucky in the mean time has iu
representation. But. sir, unless you invadse the
effect OF resignation 10 take effect in the future, II is
impossible TO make anything out OF H. Many very
ma0y resignatIons have been made 10 this body to take
effect IN the future. Ihe OF Mr. Clay, to which
have already alluded passed con, without dis
ate chamber; and you will find upon the very credentials
presented here BY the Hon Mr. Meriwether, all proceed
ded upon the assumption that Mr. Clay had uDdoubed
right and that any senator has undogbed right 10 retire
al any time, and that his resignation shall take effect In
fuiuuo. do not know what be made oat OF the idea
of filling vacancies and there being vacancy There
are certain contingencies when executive has right
to appoint who merely oe~m frn, and IL ~ Tor
the purpose OF carrying the cardinal principle that
every Stale may be represented until the legislature shall
supply the vacancy by the ordinary legal constituted
tbory II the proposition be maintained that
here cannot resign bis to take effect ten
ly days hence that privilege can be controyerted
something may be made out OF this thing
But there is no instance, undertake to sayand cay IL
ssttnpt hat uufe t.