New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-12-21


hT. CAss disciaimed any disrespect to the
noverncr or Legislature Of kentucky in the coarse ne
intended = pur u. re believed they did VIII, they
considered thHfT cuy. There was no snlosT hetveec
tbs trd sny resting disputed facts Tn- fats
we're al admitted The vernon had no -if deer
nine or ii try sfpCl'lnsrt y the fufy OF re
Seiite - cecf1c when member ceased % be N en-
Der 1he Senate IN al such eases were necessarily TIE
final juaces He put out Of vsw entirely the clsuse in
her1wcher's credentials limiting his appoininsnit0
the Let Of September. A vacancy happened. AMI the
Governor filed It there HE power ceased Il was for
the senate 20 decd@ how far and 10 what tine that
poiD'mcnt continued. He sincerely wished he could
give the seat TO Mr.. Don He wished with al his heart
he could ooso for the Legislature Of Kentucky had de-
cared their desire that ne should have IT, He thought
Ir. kerIiwe.hers conduct mso.deicate dpruyer
IN leaving tho whole subec; 20 the Senafe and abstain
ingfIom al participation IN the controvcrsy. When
od hvscsncy happen IN Ar. Gays once Not unal
his death. That vacancy filed by the appointment
Of Mr. Merrivr'her the Legislature not being in session
81 the tine The act of the Governor was clearly in
pursusrce Of the Constitution That appointment &C
cordDg 70 the EXPIRE terms Of the Constitution 70 con
tinue I'll the next meeting Of the Legislature was an in
ehouie and incomplete act 10 perfec; on certain day.
But before that day by the ect Of God, the ore vas
taken from him. and therefore Ms resignation was never
mstured. made perfect completed Hs control over,
and connection with the Office terminated before the
time arrived for his resignation 20 become complete
The act Of God had rendered that void which bad ne
lived, would have been valid and complete. suppose
Mr. Clay had oed during the session Of the legislature
sitter Mr.. Dixons election, would not their filing that
vacancy have filed for the whole tirnei Would there
have been two vacancies in one Office an anomaly
wholly unknown 70 the Constitution
Mr. RUsR, Texas, } followed, maintaining that
the Legislature invested with power - make Eec-
tons 70 the Senste the right only occasionally vestng in
the GoYernoy The intention Of the legislature was
clearly evident and be would vote - carry out that in
teriion He thought the precedent clearly entitled DIX
On t. the Se,t, and he should so vote.
Mr. SEwARD, On. y said that since he had
addressed Ike senate in favor Of Mr. Dxon right 70 The
I'D Ar,.f+ff
without reservation q Senator from Kentucky He
desired 20 give HE for his vote He quoted the
several clauses Of the Constitution touching the Election
Of SenttOrs and stated the facts OF this Mr. Gays
re ienaton and the action Of the Legsature-;hs death
OF Mr. Clay, and the appointment OF Dir. Merwether by
the Governor to hold his seat TIL the rst Monday IN
September, ls52 Mr.. Meuiweher Immediately took
the Seat and held it until Congress adjourned
toe las day Of August 1852 On the 1T Monday OF De
cCmber the Senate redssembled NJ Merriwether
does not appear and Mr. Dixon appears and pre-
sents his credentials, and claims the vacant seat.
Msrifesy Mr.. Dixon u Of the two Sensors chosen
by the Legislature Ct Kentucky for Fix years and he
chosen % 81 vacancy which has happened in the
tenn Of Mr. Clay. The whole question turned on the
p int how did that vacancy heppeni Mr. Clay resigned,
liking the first Monday Of September the Gay when
he should yacae his seatand died nevertheless Sena-
tor before that day arrived Mr.. Dixon appointed
by the Legislature When in session. before not only the
day which Mr. Clsys resignation fixed for his retire
ment, but also before Mr. Clay's death. They who
maintained Mr.. Dixons title insisted that the vacancy
title insisted that the vacancy happened by Mr. Cys
death. These questions arise: lst Can Senator re-
signi 2d. Can Senator resign appointing a future
day for Lis retirement from the Senatei 81 Can the
proper appointing power receive such resignation and
piospeciivcly I'll the vnclncf 4th II the Legislature
so respectively hi the vacancy their appointment
be defeated by the death Of the renng Senator before
the arrival of the day fixed for his retirement from tho
Senate Ii Senator can resgn prospectively and the
Legislature I'll it prospectycly and their action cannot
be defeated by tue death OF the resigning SENATOR
81. II 80 rr.ltl S.
was expressly decided by the Consitution-the
second by unbroken succession Of precedents
Bledsoe resigned did Clay in 1872 Beren in 1852
and FoCte IN the year. The third question also
decided by precedents Ia 1912 the Legislature of Ken
lucky prOspecuve,y filed the vacancy caused by Mr.
Gays resignation. The Governor of Georgia prospect
lively filed vacancy in 1852 The only remaining ques
the fourth Could the death OF the resisning
Senator defeat the appointment OF his pros
pecvely made No such event had happened yet and,
therefore there was precedent They were then lett
10 reason DtOri To him II clear that the resigna
ton and appointment not any expressed coa1
ton that the resgnng Senator should live until the day
yed for his retirement, but that on the contrary was
ndiiiOna and absolute The Senator who resigned
ard the State who received the resignation both agreed
that the resignation should be unconditional and abso
lutte the face OF the transaction The resgnlng Sena
tor had no reserved power over his resigns
non after delivering il 10 revoke defeat the pros
pective appointment OF his successor Che Senate so
decided in BedsOes case) could he defeat by
firing from the Senate at day earlier than the time
~
him power to do indirectly what he could not do d
rectly Why could he not thus defeat the appointment
of his sucessori Because the act OF resignation when
delivered and received, and made the foundation of
another appointment Is a far occemph The vacancy
being filled, and the resignation placed beyond all revo
cation defeat by the resigning member. He cannot
defeat BY dying whether bis death be voluntary in
voluntary. Tie fret resignation being complete and
indeensibe the appointment OF the successor also
complete asd ndeensble. lie considered the scat va
cant when the day arrived for the resignation 10 take
efie hg
went into operation whether the Senator dead or
retired. Nj Seward pursued his argument much fur.
ther.
Mr.. Mason followed, urging a reference of
the subject and mainly agreeing with the argument OF
Mr. Douglas.
Mr. BoRLAND moved postponement Of the
suhject. Lost.
Mr. BADGER moved an adjournment. Lost
Several Senators expressed wish that the
vote be now taken and the question being taken on
Mr. JoNEss resolution declaring Mr.. Dixon Gully elect
ed Senator from Kentucky, i'll tie vacancy caused by
the Resignation of Mr. Clay and that he be now admit
ted to bic seat was adopted Yeas "a Nays 10, as ioE
lows:
YrAs-Messrs Adams Aichison, Badger, Bell, Brooke,
Butler Chase Clarke, Cooper, DAVIS Dawson. Dodge OF
Ps.,cs Rnsf Seward smith spruance Sumner Under.
s;essr, Bsyard Borland Bradbury Bright Cas-
CsthcaIt Desaussre Dodge of Wis Douglass, Downes,
Fecl, Gwin, Mason, Morris Torray, Weller
Mr.. DIXON was then sworn in and the Senate
adjourned.
HOUSE OF REPRESENTATIVES
Mr.. BKowS Miss. submitted an amendment
10 the Rules providing for the appointment OF Com
mt,ee of fifteen members 10 be called the General Com.
n,i;tee on Clsins whose duty il shall be 10 report
general bill al each session making appropraonsfor the
payment of private claims. separate vote may be
en- ON any of the items. He made brief expla-
naron showing the present inefficient mode OF making
appropriations for private claims expressing his objec
tons 10 Board of Claims, and showing how wei his
own proposition would answer the purpose.
Mr.. SwEETzER opposed the amendment, for
the reescn that il would create conflicts between the
Committees Of the House increase rather tnan diminish
difficulties and produce kind of logroDing system
There were facilities enough already for getting money
out of the Treasury and than one-half OF the