The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-16

ted according 10 the constitution OF the county, IN rela
ton TO the personal qualifications OF the mann refer
ence 10 his age residence, citizenship in reference
10 the manner IN which he comes into the Office Now
sur my State has done all these things in pursuance OF
law and IN pursuance OF precedent And say that Il Is
most ungracious task upon the part OF the Senate oil
the United States be undertaking here revise the
joint proceedings OF my Legislature IN reference TO mat
ter OF this sort.
But, sir | deny that the commission is void because
you insert the day OF Imitation that that Limitation id
void II the limitation be void the whole commission
is void, and that upon settled law Lord Coke says lf
man do less than the command or the authority given
to bim then what he does is void wide Dunlaps Bai-
ley upon Agency. page 1871 Now according TO the doc
flne advanced here, the governor OF Kentucky in Mr.
Meriwehers case, did not fulfil his duty. He did a
great deal less than he required 10 do under the
slituton. He was required gentlemen say, TO make out
a commission which should have such validity and effect
10 confer upon Mr. Merlwether the whole term lett
cant by Mr. Clays death and resignation II is manifest
that he did moi do that He only Commissioned him for
few months, up to the first Monday in September Then,
exactly in the language and words OF this authority he
did less than he commanded TO do He did only a
part OF his duty and having done only part OF his duty
The act was void What then, gentlemen doing here
They are acknowledging by their own arguments that
the paper presented by Mr. Meriwether did great deal
less than il ought 10 have DONE that il did not meet the
full requirements OF the constitution and then they say,
We Will enlarge that paper we will go directly contrary
10 the PROVISIONS OF The papers Will make II go be-
You'd the full requirements OF the constitution although
il is limited, will make il valid to the whole extent Of
the term; although is but partial execution OF the
designs in direct contradiction 10 he language OF Coke
As legal proposition, can this be done AS sensible
proposition can il be donei
The governor OF my State did what was right under
the facts He knew il was partial vacancy, up to The
first Monday in September The records and proceed
ngs of the Legislature showed that the beyond that
time had been filled He had the right TO insert in the
commission the fact that his aPp9ntee had the night 70
hold upto the time for which the Legislature had elect
ed. and not beyond that time. He had right 10 ex-
press that he did express it, upon the face OF the pa
If do, ot,pps Il apIg hnnnA
to reject the whole of it, under the doctrine O. agenc
which have just quoted 1t is but nuiy. and you
must so regard IT, Then, those who contend that the
seat is filled by Mr. Meriwether are making claim
in Mr. Meriwethers behalf upon a void paper-no
upon legislative election, but upon void act OF the
governor, according 10 their own position. How can
they make Mr.. Merwether keep that seat under a void
act The thing is impossible, unless you intend to make
laws TO govern the States, and to have persons repre-
sent them contrary to the will of the legislatures of the
States Is that republican principle upon which the
American Senate act Is it not at with every
thing like the genius OF our government
Mr., President, | have now vindcaed, as conceive
the legislature of my State in acting they have done
have indicated my governors not gentleman OF my
political creed but gentleman for whom have high
respect and esteem, and who believe has acted honest
", conscentiousy and properly IN making out the CON-
mission OF his appointee in the manner in which he has
done it, am sorry tina, his political friends in this body
should be those raise the voice of against his
conduct ana the righteousness OF his act in making out
the commission of Mr.. Meriwether in that manner.
ALLOW me now, cir, TO read TO you the letter OF reslg
nation of MIR Clay and show thai it 10 absolute and I'M.
qualified, only reservng small portion OF the time TO
with the legislature OF his State, hope the Senate will
pardon is not very long, for reading the whole
Of it,
WASHINGTON, Dec. H. 1851.
TO The General assembly Of kentucky
When you did the honor confer upon the APP
poinment Of senator from Kentucky which now hold,
accepting II did not intend expect the entire
term oil six years bad previously retired finally, as sup
posed, from that body But of the territorial acquis
ons resulting from the with Mexico ques
lions arose. seriously menacing the harmony and peace If
no, The Integrity, OF the Union 3lt 10 be my duty
turn again to the Senate and TO contribute my humble aid
by amcable settlement OF those questions, TO avert the
calanities with which were threatened. Such
dement, aem pied during the last Congress- is in
progress OF execution and trust and hope will ph
all the good that could be expected from any
IRE adopted 10 heal national discussions and anmoses
which had arisen 10 such an alarming height
On the approach OF the present Congress it was with
health, that concluded return FOR the time the
Senate But have thought Of ever again taking
in that body AFTER the close Of the present session And
having to this determination, consider incumbent
10 place It in the Of the general assembly
appoini my successor during the present session.
do therefore, hereby the office Of senator OF the
United States from tbs State OF Kentucky, this my resig
isSa . aA' e''' ." 'H' n' i0"o'S o. september
In dls,oving these official relations in which the
general assembly, cannot forbear renewing the express
sion Of my great obligations and my profound gratitude
for the many distinguished and gratifying proofs which II
has given me Of It's confidence and attachment.
have the honor TO be, with the highest respect your
faithful and obedient servant, III. CLAY.
II is dated the l7lh Of December The legislature
then in session and he states that his object in resgning
is 10 enable them TO fill the vacancy He expected
to take his in another Congress and finally, he
plicy says, ~ do, therefore, hereby resign my office
in the Senate OF the United siateS 10 take effect on the
first Monday in September next" He reserves 10 him.
self the right 10 fulfil the duties OF senator during the
rsgdue OF that session OF Congress After all hat-afler
his resignation has been accepted, after has been acted
upon, and Mr. Dixon has been eeced-he Congress Of
the United States TO send him back, and say TO the
were amere farce The resignation Of Mr. Clay and the
credentials OF the election OF Mr. Dixon, are all 10 90
for nothing, and your State shall not be represented here
by the man chosen by the legislature.
In regard 10 my friend from Georgia, Mr. CHARLTON
have idea Of turning him out. ! do not want any
confirmation Of his title. But will say him that il MIR
Dixon is 10 90 by the board in consequence OF this
mission TO Mr. Men wether think he ought TO 60 too
have always, hope, acted upon the principle oil equal
Justice to all men do not like 10 fish made Of one
and lesh OF another That all shall fare alike is my
doctrine And therefore think, SIR that IL one commits.
my friend from Georgia is TO all appearance here in
Congress il had taken up any other stranger in the
Streets brought him in here, qualified him, and given
him the right 10 represent sovereign Stale. That is the
effect OF making the commissions void. But utterly de-
ny that they are void They in conformity with the
facts. They express the truth. They tell what actually
exists They In execution OF the authority vested in
the governor N both instances. They show what he
intended TO do. IN my opinion II was done correctly IN
both instances. My friend from Georgia is much
-titled TO bis seat upon this floor am any other
member. - Nj. Meriwetber, while he was here,
Just as much entitled unae hat commission to hold the
seat until the first Monday in Sept'eE as any olneI
member upon this ioor. Now, sir, | wish ge..."'neh
who answer this argument 10 rise and show how il
is that you cannot divide prospecvey by resignation