The daily union., 1852-12-09

OF kenlueky-rght 10 the constitutional privileges o. e
people OF yhat should decide between these
Two gentlemen which OF them shall NIL that seat because
il il is decided that shall MI H. OF course The other u
70 contest !. II Nj Msmws'hfi ns i,,sd y M' Nixon m M wl
weiher will contest IT, The facts all before the Sen
ate and think ought 10 decide between them with
placing either in the position OF apparently contesng
the seat That is my view OF the subject
am free TO say that this is one OF those subjects which
can be well discussed BY The Senate referred 10
committee. | am perfectly willing that The question
should be discussed; but ii il takes that course
think ought 10 understand IL, and to discuss II larry
so as TO give an unbiased opinion am free 10 say lhai
have mol yet formed very definite opinion upon II
II is very nice questionable question whehef u was
competent Tor The Legislature 10 oil the vacancy regard
ing i as vacancy from The Tune he commission e.m
mated whether il competent for The legislature pros
pecvey to fill that vacancy or whether could not be
regarded as vacancy another vacancy occurring by his
death II turns upon the question OF The competency oil
the legislature 10 exercise that function; and that is
question upon which | am not prepared, from anything
said as yet, TO form satisfactory opinion. | would
rather hear discussion upon that question: and 10 confer
with my friends upon il. before expressing opinion
am satisfied OF one thing, however According TO the
precedents Mr. Cays resignation was an executed deed
was rather oil different opinion but il seems from the
preeedents that have been read that from the time when
he signed that paper il was executed deed, and revo
cable by him. And the question remains whether, in an
cpation Of that rne the legislature could fill the
cancy thereafter and upon that question should
like 10 hear further remarks before give an opinion
Mr.. DAWSON, l would suggest 10 my TREND from
South Carolina Mr. BuTLERl that the question is not
now who is entitled to hold the seat. The question s
Que rather OF courtesy towards the State as TO who shall
he seat at present under the prir'a tdce case pre-.
That depends upon precedents; and those prece-
ARE all before us, and uniform with one sipge
exception do not intend TO argue the question:; nor DO
intend commit myse upon the final vote. But here
credentials presented by gentleman said TO be elect
ed by the legislature OF the State OF Kentucky
sey are eIa have eae
evidence that the applicant for the seat has been elect
ed according 10 The constitution OF the United States
and The laws OF the State OF Kentucky Is that
Yes Andyy he ne
opposition presented from some other source Who
presents any opposition 10 the truth OF these Credentials!
Ask yourselves the question honestly is there sena-
Tor upon this floor who presents protest or obIeciion
who raises the question Of the consiuonaiiy OF the
right OF This gentleman TO take the seat! Not one. But
said thai the adjournment OF the last Congress
there a senator in the seat which is sought TO be
filled by the present senator from Kentucky Where is
| that senator He is absent Why absent according to
your own record There are his credentials upon your
table which have been read here and which say that he
entitled fill that seat only until the first day OF Sep
tember last. he evidence on which he took that seat
was received by you In conformity to il he filled the
seat and in obedience TO 1t he has retired Can any
them honestly rise here and say OF Kentucky that
there contest here tor this seat between two gentle
presenting themselves each The proper senator
from Kentucky Not one; not one.
How then, senator's undertake to distinguish be-
tween this and that OF my colleague, who look his
seat under precisely the same circumstances and took
correctIy Now let present TO you the condition OF
this case Mr. Clay resigned in anticipation. He notl-
fed not the Senate Of The United States of his inlenton
but sent il TO the elective power Judge berrien, the
distinguished predecessor OF my colleague, also resigned
in anticipation These disng guished known
to the country for their constitutional opinions and the
Of those opinions They believed they had the
right to resign, and they both resigned The legislature
sion in Georgia. the governor OF Georgia filled the VACANCY
The power of the of Georgia. and the power OF
the Legislature OF Kentucky depend upon the constitution
OF the United States and they both equally contained
in the same clause. Now, when did my distinguished
colleague resign He resigned iD The month OF April.
His resignation was to take effect from the first of
June The senator from Maine [Mr. BRADIuRYl says
that the governor could not appoint until The vacancy
actually occurred; could The legislature appoint
until the vacancy actually occurred. Is that true
Where the article OF the constitution preventing
III Where is the opinion OF single distinguished
senator or constitutional % lawyer from me 9gndaoa @ Of
the Legislature or OF The governor! Nowhere. Now,
when my colleague appointed Upon the nth of
May. And why was he appointed IL that way SO that
be might be here on the day of June, his
predecessor vacated his seat TO take IT, 10 order that the
State OF Georgia might be fully represented under iRs
constitution, which contemplated that each State should
uniformly and steadily have two senators 10 this body
hat is the why he was appointed al that time
Let here suggest TO the senator from California, Mr
GwIs that II he desired TO resign tomorrow, but did
wish TO vacate his seat so far as his Stale is con-
cerned, If the governor OF the State OF California could
not appoint until the day OF his resignation, would
probably be months before she could send success
here TO lake his seat Did the constitution OF the
country contemplate such thing II contemplates
a resignation but does il contemplate that when SEN
ato shall resign his seat upon particular day. he should
leave his the very day the resignation takes effect
and leave that seat vacant in the Senate OF the United
States, that the distant the State IRON he seat
of government the longer that vacancy should exIst No.
the government by its past action has decided diff
ferently The OF Bedsoe, in 1915, has been
toned when il decided in the Senate, by vote oi
90 10 9, that senator had right 10 resign IN antcipa
ton What was the principlel Look back 10 the de-
bate and II will be that the principle this that
had The right to resign upon future given
day, and that in the time the elective, or the APP
pointing power, should select his successor, that he
might be ready TO oil the vacancy soon as II should
occur
What do | gather from all this My friend from
South Carolina Mr. BUTLERl says that he has no
doubt that senator may resign in anticipation or IN fu
tHo II he signs Juiuro 1t is for the purpose OF en-
ablIng the appointing power 10 f the vacancy anti
cpaon OF the day upon which the resignation Is 10 take
absolute effect In his language is deed executed
and the only question is to the person who has the
right that day 10 take possession OF the property
whether the place can be filled in anticipation, that
the may go there with his deed anticipation
and IT at The proper time, and thRt may lake m
santaneous effect. ~ right that II should be so II i'll
be that Mr. Clay had right TO resign, the elective
power had the right TO I'LL the place in anticipation. The
legislature OF Kentucky being in session, elected the
honorable Mr. Dixon 10 take that seat and under pre-
csey The power the governor OF Georgia appointed
my colleague, who is here. am saying whether
all this is right The decision OF 1915 may have been
wrong and may have been all the decisions oi Con-
gress All say s this lfthese things be admitted BY Con-
gess, and they have been acquipsced IN by the Sates
II has become the pracce of the here and
the practice OF the government in the Staieswhen this
gentleman presents hmself here il courtesy his
State. and has been the uniformly pursued
to permit the applicant upon the presentation OF the
pytun facsc take his And why Because