The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-21

States What then the right OF the State "a ronn.e,,
WIN representation IN this body Il is representation
derived irom the constitution OF the United Satas and !,
10 he right OF the State 10 be represented in this boiy Ii
pursuance OF The constitution. is not The xht 10 b.
represented as Kentucky peases. any other STATE
pleasss but II IS TO be represented the coasu,ioo
provides She has no right TO any other reptescalso.
OF mode OF appontmenl than that authorized and D,,
scrbed by The constitution. And 10 allow OF 10 couip.l
bef TO Dc represented IN any other way BY any os
mode OF representation than that pointed e, in ths o
stuon, is violation OF all State rights And al S,.
sovereignty too The question. then, here IT, What i
ke mode OF representation to which Kentucky ia en-.
lied in this case Sir the constitution provides thar il
The election OF senators generally. it shall be dom
oy Tue legislature OF each Stale 1t provides By impl.
ring the session Of the Legislature The legislature sha
lhen elect But II also provides that il The vacancy o.
curing me recess OF the legislature, the Legislature
ponment shall continue un,,l The neYt mee,inS ~ ~
legislature and that the Legislature shall then elee, n
IS part therefore, OF The State rights of Kentuckv 10
lucky by the senator appointed by the governor Of X"
lucky Her right is 10 be represented according 10 III
constitution IL is no more violation of The rrhs ~
Kentucky TO allow her TO be represented here e. ~
governors apponee than by the Legislatures apu,a.
The right OF the State is to be represented by liz
tor appointed by the department Of the Of h
State which the constitution has provided for The case
In this case, the vacancy occurring during The r,eess
and not during the sssson, the constitutional risht 4 b,
be represented by the governors appointment "a ,h
legislature has no right to usarp that authority not
only usdpng the authority vested by the constitution h,
the governor but il is violating the constitution ssli
and II IA invading the constitutional rights OF the levs
latare Of the State and Of the people Of Kentucky
That being my view of the question: cir, il Il on)v
question, then, When did this vacancy occur II Il a.
Cured during the recess the governor was bound 10 A.
point u i was a case where the governor could a.
point and did appoint the constitution saws thar he e,.r
ton shall take place by the legislature after the anpon
men and not before. That all Ihave 10 say upon ths
question have spoken hesitatingy perhaps and with
dimdence, but at the same time with Difference and
Willingness to listen 10 any reply that may be made and
my argument be answered shall Be ready 10 yoe
in accordance with such answer l771 = Ss.' -
Mr.. CASS Mr.. President, this discussion ike MAJ
OF the discussions in which find ourselves enssred
has taken wide range, and has been made 10 emblsce
many topics which seem 10 entirely ioseifn 10 ~
real question before US That question: think lies
OF very briefly, and rather to justify the vote insnd
to give than with any expectation OF influencing the
judgment oil others. gNH T'1
And sir. preliminary 10 my main object allow m. 10
say that Tor myself dsclaim the remotest intention 10
show dsrespect 10 the governor or legislature Of Ken
lucky by any remarks or vote Of mine should think
myself very badly employed in any such effort have
doubt none whatever but that the authorities Of thai
State did precisely what they considered their duty 10
40, nor is my province review their acts receive
them as executed and call in question OF the facts
established by the documents before us. The resixna
lion and the death Of Mr.. Clay, the appointment By he
governor and the election BY the Legislature fully
conceded by all who have spoken And, therefore, The
attempt TO compare this with the New jersey case
or with contested election, in which the truth OF valid
NY oil the return is arragned, is wholly to msapebsnd
the true point before u.s. That point s not AZ TO who vvs
elected but the existence oil vacancy which sueh
election designed l And this is the body which
settle that question before the person presenting
himself can take his seat 1t Is power we cannot
transfer are by the constitution, Tho final judges
Of who are entitled to seats in this chamber. And in
this general power included the duty of deciding upon
the tenure Of oce-whsn the term Of one senator com
meDces and that OF another terminates Independent OF
the plain in)unctons OF the constitution, it is evident
that such right essential TO uniformity OF actoa
Without we might have - many decisions ~ there
authorities legislative or executive. TO make them L
therefore put OF view the limitation Of the sensfofi
Term. uade by the governor OF Kentucky. and Ell the
marks 10 which il has given rise take Il fct gfsusd
that the governor made "a temporary appointn9Mt~
fill MIR Gays vacancy" but the duration OF hai va
cancy and Of that appointment il question for and
one from which we cannot escape.
MIR. President wish il were in my power 10 vote for
the admission of Mr. Dixon. had much rather do il
than against him II is with reluctance that feel
myself compelled to make decision which will prevent
State from tskag seat in this body. But may b. o.
10 wed 10 say that Mr.. Merweiher, for whom have
personal and political regard has conducted him
sion Of lb. case, BY as.enns himself from the Ssns.
and by prefeTring claim TO seat in IL. do not call
in question the validity Of the legislative proceedings
the time they occurred, but consider them rendered in
operative by the sad event which created unexpected
vacancy Inconsistent with the action previously had.
How, then, stands his case sir The third clause Of
tho first article Of the constitution provides for the com
position OF the Senate BY fixing the term al service and
the mode Of selecting the sepatos, permanent and
porary II declares that iii vacancies happen, BY siTna
uon Otherwise during tn OF the eyslaiure OF
any State, the executive thereof may make Temporary ap
poinlmeps an the next meeting OF the legislature. which
shall then fill such vacancies" The regular isrms oil
the senators are for six years, and the vacances herein
provided for are the unexpred portion OF such terms
which 10 "hled" by the legislature when il
act and when IT cannot act to be occupied by TEMPORARY
ryrcprIyE APPOINTMENTS. II, Therefore, senator
sgn, or his "A, is Otherwise vacated except by the
prstion OF his term, the vacancy is for his original
period OF service, to be temporarily appoasd by the
governor "hed" by the legislature.
We come now 10 the question, when did vacancy or-
cur in The senatorial term Of Mr Clay All agree that
could tie created by his resgnationl the advent
that "happsned' the moment OF his death. On the
29lh day OF June-he day OF that national misfortune
"a vacancy happened by resignation otherwise !" and
IL being during the OF the Legislature OF the STATE
OF kentucky, the eyecutve thereof called npon TO
make 2 temporary appointment And ,or what time,
would then have been. in The words al the constitution
10 "f such vacancy"
Now, SIR all this IL very clear az has Just been ably
shown by the senator from Illinois, Mr. DoueLAs j and
as before remarked we give To the certificate OF the
governor OF Kentucky its u constitutional effect when
we eenesds that there was vacancy during the recess
OF the legislature and that he righfdy appointed MI
Meriwether TO ill IT, But when he undertakes TO hx
limit TO the tenure OF the appointment and fixes one
we think, different from the constitution, duty
while We recognise the appointment TO look to the con
snton, and not to the certificate for the period OF
right odeermine any other oil The incidents OF the oce
ITS compensation for nsance-as is duration His con
nexlon with the subject when he has made lhs
appointment and granted the Certificate.
Now, SIR, In what manner ia IT conleaded that tbs
clear constitutional provision is rendered imperative IN