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

the continuing life OF the incumbent il i A. !.
eboate aet-a contingent acl--a resignation thar
not operate TO yacse the office unless ihs ;n saa'
Bent lives TO the day when il is 10 operate in vac
ting The ohce. In the next place. it is impossible NOV
Sga .hs VIII WI q Inc incumbent IS The rule. because il is
postponed; II IS resignation TO take effect al a fn,n
day, and not before Nor a new and dstnet al -
oe given 10 y before the time when the instrument wa
Intended 10 take elect IL seems 10 me that n reas
and under The principles OF The constitutional law sn
eaoie 10 ibis suoec u Is impossible that il should nav.
any sach two-iod elect On the contrary thick M;
so-cailed resignation amounts 10 nothing but notice
that rs, provided the incumbent can recall II; and ths
a question which has never been passed unon /.
ihis Senate There has been no question of tha,
kind presented. The OF Mr. Bedsoe OF Kant.sI'
has been referred TO. That case was simply his NJ
bedsoe, PRIOR TO The Oath OF Decamber, islI-nrob
aOiy oat short time previous-had transmitted fess
hauon 10 lake effect on that day-the cath OF Deeal
Aiier Thai day had passed. and after public ami n,a
information had communicated the fact that The jei.la
lure OF kentucky, which then in session. had 6sI
the vacancy, in the following month OF January M aia
soc, by written cation presents the
The Senate whether or not he was could sill eon,n
IN ONCE The Senate decided that he could moi lonss
remain IN oihce; aud il is very difficult to see how Is
could arrive at any other conclusion The time Ind MY
cd when the resignation was TO take effect he haa ~,
previously attempted 10 recall it, and the egsaa ha ~,
ae.ed IN nlhg lhat vacancy The question, lar as
him before he had received official notice that The s;.
nation had been accepted by his legislature and ma @
cancy hlied Upon tina, point am not able m,sef 70
see how there could have been any diversity Of on;no
And that case analogous to many other cases ,ba h
been cited here. ~ nave
Again: can the incumbent, if he does moi resi-, ,oa
vacate his seat, change the tribunal or AUTHORITY hu
which the appointment is TO be made Snnnosa' Ny ~
Clay had lived 10 the first of September last ana ban "a
signed Ii there had been previous notice Of ressna
ton given, the governor must have filled ,hat va
Can the incumbent, by elesting 10 piye notice !,
vious session OF the legislature change the apnoinnv
power. and take from the governor the power conierrS
Of Ss s Th 70 OIL vacancies during the
referring 10 mai subject reads II vacancies happen Inv
resignation or Otherwise during the recess OF the egisa
lure OF any State The executive thereof may make ,enpo
fary appointments until The next meeting al the lesisIa
iufe &c. Now, u is very obvious thai this res,yna
ton was to take effect upon the first Monday ia Sepiem
Der last # the Office had then been vacated, would
have then been hlled by the executive OF the State mr.
less the incumbent BY The giving OF previous notice Of in
tenlion TO resign could have changed the appointing
power, Now, he was not bound to give any such mo-
OF the legislature. He moi willing 10 resign b;s al
hce until that time and upon resignng his Office The va
cancy arose. The constitution says that when a vacan
ey happens during Inc recess OF the legislature the gov
ernor may appoint until the next meeting of the esIsla
ture. Can that constitutional provision be changed,
Can il be alteredi Can it be modified? Can The in
eumbent change II by previous notice tina, be in
tends TO resign, the resignation to take effect on A
future day Can the legislature OF the State by anv
law take that power from the governor Can Congress-
by any law modify or change that constitutional power
pens during recess Of The legislature No. sir there
10 no power in this country short of an amendment of
Inc constitution that can take away from the governor
that constitutional power No notice OF The incumbent
no action OF the Stale except by The assembling Of The
legislature, no action of Congress- can take away that
constitutional power from the executive He mau exer
else that power-,ha is, IL is discretionary with MIN 10
exercise that power or not; and he does not exercie
H. he Is acting within the discretion which the consliu
ton coniers upon him. Ii he does exercise thai powe,
OF appointment provided the vacancy aecrues darnr ,b
lon hn u
suutonai appointment and one which must be governed
by The constitution from the beginning 10 the end
The senator from Kentucky GMr UNpERwooDl asks,
and with an air OF triumph, what is a vacancy WHY
SIR, vacancy rs cessation OF incnmbency The officer
mast be out of office to render the Office vacant He
ceases TO be in office when the office becomes vacant
Can an oicer be partly IN Office and partly out of Office
Can an officer who IS IN office, senator who is in oe
senator of the United States, be in Office for cer,ap
purposes and not for ALL he is in Office at all has be
not all the rights and privileges OF senator under The
constitutional and can any OF those rights be taken
from him aud the remainder be still possessed bv him
Can any one OF his rights and privileges be taken from
nun, so that he cannot exercise II down TO the very
men when he resigns his seai-when he goes out OF Of
hce, and an actual vacancy takes place appIehend
mat there can be no question with regard TO that
lhInk, then, that when the legislature OF Kentucky
made the appointment OF Mr. Dixon they had no poyei
10 make that appointment because there not only 20
constitutional vacancy, but that vacancy which con.
enplsea never arose On the contrary, the death Of
Mr. Gay before the vacancy took place which he con,
templaed IN his resignation vacated the Office from The
moment OF his death 10 the end of his term The Ian.
guage OF the constitution itself implies that the clause
that has been so often referred TO here implies that fact
and recognises the vacancy produced by his death a
vacancy extending through the whole OF The remainder
OF his term from the moment OF his death 10 the end d
his term there ~ vacancy This the constitution rec
osnses, because il proceeds 10 provide that il may h
hlled by the executive OF the State until the next meet
ing OF The legislature and after that il is be filled BY
legislature itself
But the question in this case stands upon little dir
ent ground from that. II is admitted upon all sides iha
there was vacancy here, occasoned by the death d
Mr. Clay; that he died IN office; that he was seDaa
from Kentucky up TO the period of bis death Al Bis
death vacancy arose, caused by that deah. Mr. Men
wether was appointed by the governor OF Kentucky
der this clause OF the constitution so often referred TO-
The act creating his appointment a constitutional
act and the exercise oil constitutional power c0netd
upon the executive OF Kentucky. MIR Meriweiher pre-
scented his credentials here took his seat and filled ths
seat to The end Of the last session OF Congress Nov
The question s, whether that appointment OF Mr.. Men
whether continues TO the next meeting Of the legisla
ture OF bis State, provided that meeting is during ID
term. The constitution that point is clear and e.
pliet that the appointment shall be made until the mel
meeting OF the legislature Can the governor oil krh
lucky by inserting 10 that appointment restriction
Limitation, change the period that is prescribed BY IN
constitution Can he shorten that period in that way
| apprehend that the credentials Of Mr. Meriweihef, y
they were presented 10 this body, show an appointing
TO The end OF the term, unless session OF the legssu
interyenes before the term shall have expired tn
clause up TO the hrst Monday in September" thai
there inserted, inserted without constitutional Az
thority, and is therefore nuly. The act OF appoh
ment conferred the office according 10 the constuhp
An honorable senator who addressed the Senate IN
other day said that be did not hold the office unit
next meeting OF the Legislature, which would be byos
tue 4ih OF March next, because there senator
pointed already from the iih OF March next Nov, ia
I not the for that the oAlee uera yaean