The daily union., 1852-12-15

sacrificing the rights OF my friend before me- and the
rights OF my State by delaying to qualify him-by
lusng 10 hm The right 10 participate in the legislation OF
this body and by giving Kentucky but one vote upon all
the interesting qsesons which may come before us from
this time 70 the end OF the session Nay, sir you may
decide II during this session You may make my friend
come here during the next session OF Congress- present.
ing his paper, appealing to your committee and implorng
a decision, which may be postponed from month 10
monihi II mol from year TO year, during all which time
kentucky is to have but representative this floor
Wlhe Senate do ths hope not think, then sir, that
lhe proper motionand think shall make il after the
discussion is at end, for wish allow full discus
sion to all gentlemen wishing TO debate this maer-l
thnk that the proper motion would be 10 lay these
iuuons, proposing reference, the table and ask,
IN accordance with the motion commonly made in such
cases that the oath of office shall be administered to my
colleague and that he may be allowed TO take bis seat
ana then II any one has any objection, from any want
OF constitutional qualifications from any personal matter
as in The case Of Shields if any makes any
lecuon 10 the Legality OF the returns, the legality OF
the election CT IN reference 10 the existence of vacancy
let them state the objection have the REFERRED and
Then bring up the TACT in the usual way That would
0e dealing equal justice, in the OF Shields OF
Mallory, and OF all others who have passed under
vision.
| hope my friends will now indulge me with some
thing little more serious than what have already ad
vanced. am laboring under hoaseness, but will en-
deavor TO make myself heard, and will proceed well
Mr.; President have looked into the arguments which
have been made IN this case with great interest have
read the debate which has taken place and think per-
clearly the unenabe nature OF the grounds assumed
by those who seem 10 have rejected the claim of Mr. Dix
on, and TO favor the claims of Mr. Merweher think
thal can present the points OF difference in such light
that he who runs may read and understand exactly
wherein the difference between the two opposite vie WIS
exists If understand the argument of those who op
pose the qualification of Mr.. Dixon, and who wish
reference 10 take place. it is founded on view of this
sort that there was no vacancy in the office of
until MT Clay died that when Mr. Clay died there be-
came vacancy, by virtue and by of that DEATH
for the entire residue OF the term that that vacancy thus
occurring by death during the Of the legislature of
Kentucky, could only be filled constuonally by an exc
cutive appointment that the executive having appointed
Mr.. Meriwether that appointment necessarily, under
The constitution, continues during the whole residue of
Mr. Clays term. or until superseded by another egsla
tive election taking place after the executive appointment
was made.
tenuon, and have given to you the positions, as
understand them, fully, fairly, and without intending TO
evade anything which has been urged and if cannot
answer the issue made from the constitution, from reason
and from precedent showing that these positions are not
tenable give up the
First as TO the constitution What does that instru.
men say' II says that shall be elected for the
term OF six years. This is in the origin 1t then says
that they shall be divided into three classes SO that the
term OF one class shall expire years of the second
class IN four years and OF the third class years so
that the onehd may be elected every two years Ii then
goes on to say that II vacancies occurhow "by
gnaon or otherwise, are the words of the constitution
II vacancies occur, by resignation otherwise during
the recess OF general assembly, the executive author
y OF the State may make temporary appointments II is
appointments, IN the plural, and not appointment
in the singular. The governor may make temporary ap-
ponments 10 fill any vacancy that may during the
occur during the recess of the general assembly, but
while the general assembly in session, then, by clear
and direct inference under The constitution the legisa
lure, and not the governor Is 10 fill that vacancy.
These provisions OF the constitution furnish the basis
OF the constitutional principle which is TO regulate this
natter and you 10 look 10 these provisions OF the
constitution which have read, substantially if not lit
orally, TOR those principles which TO apply 10 the facts
OF the case, for he purpose OF controlling directing and
guiding our judgment.
The first thing to be inquired into is whether any va.
cancy has existed. Here we come TO difference TO
which wish 10 invite the attention of senator's admit
hat vacancy has occurred They admit that vacancy
has occurred But when did that vacancy occur When
did happen" IN the language OF the constitution
They say that happened upon The death OF Mr. CLAW
and not before say thai II happened upon the resgna
uon Of Mr. Clay. Which Of is rgh,2 Let US look al
The facts. II i happened upon the resignation OF Mr.
Clay, that resignation took place in December when the
legislature were IN session. All these facts appear in the
papers and the documentary evidence upon which we are
now arguing. II the vacancy happened in December,
when the legislature were iii session | have already
shown you, by the terms OF the constitution thai the
governor could not fill that vacancy This is the express
provision OF the constitution and nobody can gansay il
The vacancy occurring in December was to be 6ed by
the legislature. But it thete was but one vacancy &c.
curing after the Legislature Adjourned upon the Goth oil
June, when Mr. Clay died, then acknowledge that the
constitution = equally clear AID imperative that that
vacancy should be filled by executive appointment and
tnat MT. Meweher, under that executive appointment
was entitled TO MI the vacancy which happened upon
the death Of Mr.. Clay.
Bearing these things in mind let us come TO one other
step IN the investigation. What is a vacancy That
question: believe, has not been ask ed nor have seen
II answered. ~ the Arguments which have read Ii is
very important question, in my judgment, to lead TO
correct conclusion IN this What is a vacancy
What are the essentials which constitute a vacancy
Let me know, without regard terms, or expressions or
words; but IN the very OF things what is il that
constitutes vacancy Sir, will undertake 10 tell YOU
what II ~. II is leaving portion OF the term OF six
Years, during which there officer, appointed or
elected who is consutionally qualified to fill the place
or 10 exercise The functions OF the office during that po
uon OIL the Term. bat is vacancy. III there be no
portion OF lime, during the whole o the of years
when there is person qualified discharge the duties
oil the ohce, there IS vacancy II during the hole
six years you always have an officer ready TO perform
all the functions devoving upon him by that Office
ready TO step IN and exercise those duties and il that Of
hcer has been censlltatonay appointed. either by the
Legislature or by the executive, there no vacancy
vacancy portion OF the term Of six years hen there
is person qualified discharge the functions of the
Office as the constitution requires Now, can ANYBODY
gainsay that proposition II seems to me 10 be i'm.
possible 10 eyade The definition OF a vacancy which
have given. II there is officer, repeat qualified
TO discharge the duties and functions OF The Office al
ways ready always IN appointment, always in commis
sion then there vacancy But If there be portion
OIL the time where there is such person provided
epheT by The legislature or the executive 10 fill the func.
hons oi The office, then there is vacancy.
Now, sir, under that definition OF a vacancy let me
ask you what was the condition of things the time that
my colleague Mr.. Clayl in December informed the
legislature or the governor OF Kentucky that he would
not exercise the functions of after the first OF
Sepembeg last When by his letter of resignaton--l
% not care in what words that letter is coucEed-Mr
Clay, in December, while the legislature in session.
informed the legislature and governor OF Kentucky thai be
would not discharge The functions and duties