Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1852-12-17
The senate and the state OF Kcu-
lucky.


The Senate Of The United States have been
occupied nearly the whole limr. sin,e the
opening Of the session. III Discussing tie righl
of Mr.. Dixon Of Kentucky IN ,,at ~ Lelr
body. Tic circumstances 81 lbe ensc are
these. Mr.. Clay, while member. and before
his illness had assumed The serious type Which
boie him 10 bis grave. gave notice 81 hs
intention 10 rctire The ist of LIST September.
and formally resigned his seat. To take effect
from that dair Before Tho arr, al Of The DAY
fixed i'y himself, and during tie SESSION Of the
Senate hls career on earth. splendid and full
of usefulness rs II WIS. had clnsed Tie
governor Of Kentucky, IN obedience to b.
constitutional duty appointed i successor Ia
fill the vacancy, Illus proJucel-a being a
democrat he OF Course appointed one of b-
own parfy-thc somcv hat uo;ori,us NJ Mer.
nwetler. Ia The :celn time however. ard
before this occurrence. tbs Lrsi,l tue Of the
State which vas IN session when Mr. Clav
resigned, clecl'd Mr. Dlxo1 Il succeed Nr.
Clay, when the period OF ms rt.isI alton
should have arrived. Mr Metriw,tber served
out the time for which he was appointed, and
at the commencement Of lhe present session
Mr.. Dixon presented lims,lf claiming the
seat. His right was question, d AID this i, III
issue which has been debated for u fortnight
There can be no rat,o1ul doubt lhat Mr.
Dixon, and not Mr.. Merfiwetler Is The right
ful Incumbent of The seat Had Mr.. Clay
lived until the 81 Of Sep'arnber his member
ahin nt11 h4,Vn
have occupied his seat day or an hour longer
10 Instant, his rcp esenrative power and
trust would have passed fom hm into the
hands OF h,s successor. Ills resignation havin,
been form 5 rendered and formally accepted
by the Legislature in It's election al! . success
sor. he could not, If he would. have revoked il
Ills tenn oil service expired on the 1t day ofl
September IN mode, as fully recognized by
our representative system and laNs, rs though
he bud served the full period for which lie
was elected. Mr. Mcrliwcther vas only an
pointed 10 serve out lis uncxpircl rofm-and
that as we have said. was only TIL the I,t of
September. He could be invested with no
power winch Mr.. Clay did not posscss-and
he could not have undonc his own act, recall |
cd his resignation after its acceptance, and
continued his membership What anthorityjs
there IN the governor of Kentucky 10 havel
conferred power upon Mr. M,rriwether
which he could not have conferred upon Mr.
Clay, In whose place Mr. NJ was substituted
And yet the leading democrats of the Senate
are urging that there was no vacancy alierthe
list OF September and that therefore Mr. Dix
OH Is not entitled TO seat :.
1t Is the old aud endless war between exec
uuve and legislative power. 1t is the historic
strife between kngly prorogari,c aad popular
ao'hor''y'oetween tory support of The throne
ana wing adhesion 10 chartered rights-bc-
tween the early iederaIists seeking 10 strength
en- The executive and the republicans warrino
against the tendency Of that department 10
the absorption OF all power and delondn, the
representative branch. 1t Is an anciert and n
bitter controversy and will ne, or end so lone
as power is dear 10 the few and due 10 the
many.
We do not think the democratic majority in
the Senate will be bold enough 10 DENY Mrl
Dixon his right Of membership They will
scarcely dare insult the dignity of a sovereign
Stately denying to its legislature the right oil
choosing representative of that States rights
and honor. Dear as the dea Is To- the pseulo
democracy of this couutry--a magni6con,
AID soveign ceutralism, its leaders have foo
much dread OF people Indignation. if thew
have not too much respect for constitutional
gual aptles, TO prevent their trampRng on III,
broad seal of an independent commonwealth
Such an act they know full well would involy,
their party in dilemma from which no con
renion juggle, nor long and abored discours,
OIL state rights would relieve them. Not al
the pap that the new President could dispense
would close the mouths of an outraged peopI,
nor "all the drowsy sirrups, of the East'make
them forget such wrong.
"A writer in the Richmond ENQUIRER suggest,