The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-18

Rod that being required in order 10 yscae the Office
That goes TO treat OF what the intention and expectation
OF Mr.. Clay were read the matter in entirely differ
ent way.
II the intention OF the party has any bearing upon the
decision OF The question: II is worth while to look at the
matter closely What the condition OF things thea
Here was Mr. Clay-an old man, very old man. The
three and ten yearshe boundary marking the or
binary period OF human lie-had passed away, and a
Mr. Clay seventy five years OF age; the feebeness
OF old age and the nffmy of disease upon him,
and he felt, he we'll might feel that the sands OF his
life had well nigh run out What were the reflections
that thronging upon him at that momenous hour
OF his existence What he DESTROYS 10 do 1t
10 me that il was the most natural thing earth for Mr.
Clay to do what he did do. Mr. Clay had been long IA
vorably and honorably known member Of the Sen
ale OF the United States Ii the theatre OF his fame
The OF his renown, and the place OF his affections
Here were friends with whom he had, through a long
fe weaihered The storms OF political contest in years
and scenes that had long since TRANSFERRED and then
sed only in memory and history Mr. Clay felt that for
that the period of his existence also well nigh at
end; and il was the most natural thought Of his heart
that The two should expire together He felt that he
mere ~ 70 o away RON M M ts from as
from the neghbors with whom in The ordinary transac
lions OF daily life he had exchanged the coareses and
offices of friendship He felt that he about TO go
down 10 the dark valley alone without the hand and the
eye OF affection about him. He turns to whom Why
sir, he turns his fellow his comrades to
his companions here-and holds out his right hand and
says, by this solemn act of his am about to 20 down
10 the valley and shadow OF DEATH and fellow senators.
want to hold TO my connexion with the Senate until
that day arrives want to 90 10 that valley fresh from
the companions and associates oil my senatorial lie; and
want. even in the hnHr Of dissolution, TO feel that if my
family are not about me- my brethren are My desire 10
that may die an American senator-ihe very character
in which have achieved my fame, and done my duty TO
my country. And thus IL was therefore, that Mr. Clay
acting upon this idea and this desire. fixed period when
bis resignation 10 take eHecso far in the future
that, SO far human sagacy could foresee, he would
no longer be Ia the land Of the lvngthat he at least
would die within the lime at the Termination OF which
his resignation to take effect. 1t was most beau
that he desired thus to hold on TO his connexion with
his body up 10 the very at which he should die
And it seems 10 Ds, that the Senate reject the proered
token OF his love, Affection and esteem which he thus
rendered to them, by saying that the act was null and
void it will be but poor and cold return for the affection
which he rendered TO them be stepped from the thea
ire Of hS labors TO his last resting place That the
intention Of MT. Clay, as read his acts
But the honorable senator from conneeticul says, :.
doubt not that when he Mr. clayl transmitted that resg
nation before the aduous abors Of the last session com
menced he transmitted il upon the ideahe fundamen
tai ideahat his life would be continued to tina, PERIOD
that being required in order TO vacate the Office" Now,
read il just etacty the other way take il as settled,
30 far any proposition can be 1eed upon any reason
able probability, that Mr. Clay, beyond doubt, thought
that when he first Of September should come be should
no longer be in the land .ne .Hs saw Mr Clay
but a few times during his last illness; But happened
10 be in his room in the month Of December preceding
his death He speaking oil his health and remarked
that physician who had been 10 see him had
deavored TO iat,er him with the idea thai his complaint
not pulmonary, that his illness not pulmonary
and that when the warm weather Of spring should
arrive he would recover, But said he, with great deal
of feeling ".What right have TO expect that am
an old man have lived beyond the ordinary period OF
human life Providence has been remarkably kind 10
in proongng my life thus far, and what right have 10
expect exemption from The lot which falls 10 all old
men, from that which all old men have TO undergo"
Now believe that beyond the possibility oil mistake,
Mr. Clays idea and expectation that when the first
OF September should arrive be would longer be with
the living
Then. what did he doi lie says thai he resigned bis
seat But the honorable senator from Connecticut Mr.
ToucsYl says that he resigned with condiiionwhich
condition that he had no right 10 hx-hat he
could NOT hxthat the coalition OF the resignation
based upon the dsa that he was 10 live to the time when
the resignation was to take effect, and the condition OF
living not having been fulfilled was imperative and
without effect Now suppose. for the sake OF Argument
that he had right to nix any such condition suppose
that he had 90 right 10 fix any limitation al all what
do you then havei Why, you have unqualified
sgnaon in Pr4 enii, and the senator from Connecticut
the force OF that, because when hecomes 10 speak
of The appointment OF Mr. Meiwether, he says that the
clause up 10 the bTst Monday IN September inserted
in his commission, inserted without constitutional
authority, and is therefore nulhty. Well, sir. II the
condition that was affixed by the governor OF kentucky
TO Mr.. Meriwethers commission was nulliiy and the
commission itself good and in full effect, why is not the
condition that Mr. Clay undertook 10 athx to his resgna
ton alone nuy, wha the resignation itself remains
full orcel Why then dad not the resignation take
eject immediately PROFESSIONALLY is the honorable
senator from Connecticut Is correct the construction
which he ppis upon NJ Meriwetbefs commission, and
that the condition which The governor undertook TO aix
and which he had no right TO ahx, nulIity, while
commission remained in full force, then the condition
that Nit Clay undertook TO aihr to his resignation IL alone
as,liy and the resignation resignation pr1seni
and not IN fsfo This understand TO be the establish
ed principle of law, that II LSn makes deed, max es
grant which he has an undoubed right 10 make, and
makes in clear and explicit terms, that there De
no mistake about IT, qn then undertakes TO aix con
dillon TO that deed or grant that he has right a r.
thai condition does not nuliiy the deed grant, but the
condition alone nall! while the deed or grant is good
And so it is with a reservation That is an established
principle OF law.
Let me suppose a case, 10 illustrate my meaning Sup
goee Dir. Clay had given resignation 10 this ehect he
bad said TO Tie general assembly OF The Common
of Kentuekyi hersby resign the Office OF senator,
serving myself, OF all the privileges s9e mmunIties OF
senator, the ranking privilege. Would that Tescryauon
have nullhed the resgnatonof, rather, would not the
resignation have been good and the reservation good for
nothing u there is anything in the analogy that gov
erns questions of this sort, then il to ths, il
you constfue the that Mr. Clay had no right 10
ahx condition to his resignation, then II was resgna
lion IA fTSssn occurring while the legislature IN
session and they have III TO elect Mr. Dixon 10
Oil the vacancy caused by that resignation, and he is
beyond controversy entitled 10 his seat.
Bot Is said that the Legislature did not elect TO h the
rsao election eYect IN fdtuo. Well, sir, had
they no, undoubted right to do ihatl Suppose that
Mr. Clay had resigned without any condition; suppose
dat he had resigned from the OF the date of his
res The 9Th OF December, 1851 and had affixed
no qualification, condition 10 IL al ALL aud the egsa
ture Of the Commonwealth OF kentucky had said Mr.
Clay is about close his long and honorable caresr be
has resigned his Office to-day senator OF the United
but he is at Washington he is sick and will not
live long tbs first OF September will find him in his
A Al - - -. = "