The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-21


was clearly In pursuance Of the constitution That ap
poin'msnt according to the express terms OF the con
sttn,'ou, was to continue TIL the next sing Of
tbs Legislature. Il an iDchoate and Incomplete
act to become perfect on certain day But. before
ttst day BY the act Of God The ofioo taken
him. and fher sfore his resignation matured
made perfect or completed Ills control aud con.
Decttcn With the oioac termnsted before ths time
rived for his resignation to become complete Tho act of
God he'd rendered that void which had he lived would
have become vali and complete Suppose Mr. Clay hal
ohd during the OF ne legislature after Mr. Dxous
cleo ion-wood not their GDg that vacancy have file
It for the whole timer Would there have beeo t~o va
cancies in one tfhos! This anomaly wholly un-
known 10 the consii uti'B.
MIR Rusx (o.m Of Texas followed maintaining that
the sglaure invested with power msks tions
TO tie Senate thu night only occasionally vestng in the
Governor Tho intention OF the legislature coary
evident end he wouo vote to carry out that iutcut
re thought the precedent Clearly entitled Mr.. Dixon to
the ses,. and be should 20 vote.
Mr. s.wARp (tr~esoil OF New York, said that sooe
be had addressed The 5enste in favor OF Mr Dxon right
10 the propo zion had been made for ,mittng
BIN without reseIvaticn Senator from Kenu ky.
He desired TO give his rsasous for his vote He quoted
the several caues Of the constitution touching the ele,
TOD OF eenstors and stated the faots Of this from
the time OF Mr. OaYs resgoation aud the action OF
LsehlnuIt until the death OF Mr. Clay and the appoint
ment OF Mr.. Meriw-ther by the Governor, to hold his
s. at iill the fret Monday In september 1862 lie said
that MIR Mriiwe her immedis'ely took the vacaut
occsioped by Nj C.s death, and hsd until Coasesss
adjourned the last day OF august 1862 On drst
Montay of December the Senate assembled. Mr. Ie.
rwebcr does not appear sud Mr. Dxn appears aud pro-
sents his credentials and claims tho seat Mani
festy Dir Dixon is Of ths two Ssnators chosen by
the Legislature Of Kentucky for sx yeare aud hs
chosen 70 fill vacancy which has happsoed In the term
OF MIR Clay Ths whole question turned the poi0t
how did that vacancy haop.n? MIR Clay reviguei liking
the first Monday Of september tho day when he hoad
vhcate his and DIED nevertheless Sen before
that day arrived MIR Dixon appointed bv the Lees
atuTe sbtn in session before not only the day whoh
before Mr. Cla,'o death They who mtintsiaed Mr..
Dix0us title insisted that the vacancy happened by the
resignation and the, who dsDi-d his ts nssteo that
the vacancy happen ID by Mr. Cays death These quss
uCus arife list Can u nxtCr resign I'd. Gan
ator resign appointing fuenre day for his retirement
fIom the Senate Sd Csn the proper app aGiGe power
vacancy? 4h II the Legislature p-ospe etiv-iy fill
the vacancy can their apponmens be defes I'd by the
death o the regong Senator before the arriss of the
day fixed for bis retirement fiou the Senate? II
seDa,or can reign prospectively. aud the Legs-
be defeated by tho dssth Of the ianipg Senator,
then Mr. DixCn's title valid The ncsr ques.
ton was expressly decided by the ocusi uton the
second by ubbrnken succession OF ur-codeuts.
hr BtdsCe rreigned; did Mr. Clay 10 lsi3; blr.
BeTtien In 1852 aDd Mr. Foote In ths year. Tue
third question wac ako decided by precedsnts In lsa2
the Legislature Of Kentucby pIospecvely dusd the
cy caused by MIR CLAWS resignation Tue Governor
Of Geo Ga proapectve'y filled vacancy in 1852. The
only lsua ming question tue fourth -ceuld The
death of the rssgn'Dg Sena or deatth OF
biz successor pio.D ctvtly made No suoh o,eut had
heppeDeu yet. and therefore there precedent.
ihey were thtn LETT TO rea on p'st To h'm 1t Was
clear that the resisnation and appointment not
any expressed condition that the resignng Senator
should live until the day fxd for bi, retirement out
that on tha contrary II unconditional and abssu te
The Senator who resigned aud chs state who received
the resignation both that the Resignation should
be uDcopd oDal and ab olnte tne a,e OF tbs san.
sac ton. The rsslenng Seuetor had no IdssrTli
power over his rengea'icni alter delivering il,
to revoke or defeat the prospective appointment
OF his successor The s9nste decided In Mr..
Ble6s0e's Gaze Nor could he defeat it by retiring
from the Stpate at day cartier than the time
Fixed by bis resignation for If he could it would give hi
power 10 do indirectly what he cooi not do directly
Why could he not thus defeat the appointment his
fucoctsor Because the act OF rssgnaon delivered
end Received and made the foundation another ap
p0invment IL Ja acco7aph rhe v.oaucy Icing died,
and tbs resignation placed beyond all revocation Getcas
by the TesigpDg nember. no cannot defeat by dying.
wbetb'r BIZ oevi be voluntary Involuntary rhh urst
regDsoD boDg piete ana EdofeBsibe the appoiEt-
Mt f The alro pete ana ble
lie considered tho vasant the daY srred FOR
the Tesas ftoD to ,aBo effect and the pur-
srkpt 10 That resignation wG1t into opera lou whether
the Senator was ceaG retired. Mr SswRra pursued
HE argument snreher
OF tie subject ard mainly agreeing with the argument
of MIR Douglas
mr BoaiasD, tdem Of Ark, moved postponemest
tf the subject Lost
NJ. BApcEs, (~hig) Of N. G moved IN adjournment
Lott
Several Senators expressed wish that the vote bs now
tahen, and tbs question being taken Mr. Jones
utien oeolarne tr. Dix duly ected Senator from
Ken ucEy TO I'LL the varaUcy caused by the rsg nston
OF MI Clay and that be be admitted his seat
accepted hy yeas ~ Dsys 10 a. foiiows:-
pbyss-hes-re Aiars Atth con, Badg =, Bell, Brooke
Iowa fsh Coy.t Hale Jones Of fTennses Miller norton.
Petrco Rpsh seward, Smith, Spruanoe, sumner, Under
wood, UTha n and " rde.
roys-Meesrs Ba,ard Borlnrd. Brtdkury Brighs, Case
Ca hear, DE S.useere Dodge Of Wiscnnia - ugns,
Dow telcl. Gwin Mason rri-, Tsucey ADD Weiler
hr Dixos was then sworn IN and the Senate Adjourned