The daily union., 1852-12-15

lverng that speech, OF the reasons and natural effects
and essence OF things, | endeayoring TO present
Them to the consideration OF the Senate Now, sr, gen
emen attempt 10 show that there was no vacancy because
this resignation to take effect IA fuuroi because IT
prospective. Being thing 10 take effect "a fufuro,
prospectyey they say did not make vacancy from
the first OF September the end Of the term but left that
vacancy 10 occur provided Mr. Clay should live SO long
That IS the turning point in this branch OF the argu-
ment Ii gentlemen wrong In that view, they must
yield the case That they wrong just clear as
that and make both upon reason and upon prece-
dents, think.
And first, upon reason Senators here sometimes like
change oil position. We have shortly incoming ad-
mlnisalion. There may be senators within the sound
OF my voice who would like TO be Secretaries cabinet
ministers In any such event that IL would be very
convenient TO say: On the 4th of March next will 60
out OF office as SENATOR and will notify my Stale OF this
intention on my part 10 change my position, that they
may have the 4th of March ready 10 60
into executive called session, and act in behalf OF
the State That is reason, sir, why this consruc
lion for which contend, and which will show you TO
be verified by authority, should be considered reason
able doctrine, reasonable construction OF the constu
hon Senator's desire 10 change their position They
desire TO become cabinet ministers, you please, in
stead OF legsaling senators. The whole doctrine the
whole scope The whole aenoa oi the constitution.
latve nterregnam, so to speak. They never intend
ed to allow vacancy to occur here The very fact
that the governor OF the State is permitted TO make
'temporary appointments" in the language of the
sution, shows that the trainers Of that instrument
regarded II as matter OF some Importance that all
the States should be represented this body and there
fore provided that there should be Legislative intsg-
num-if may be allowed TO that ierm--by giving
facilities in every proper shape and manner TO keep this
body full Now, sir il you want TO change your public
position and become cabinet minister could then, in
sensible and practical MANNER fix upon the day OF your
resignation 10 be the 4h OF March next after which you
decline 10 perform the duties OF SENATOR and assume either
aprivae station executive appointment, thus notify
ing your Slate IN time to appoint person to be here upon
the 4h OF March TO take your place in the Senate There
is reason IN all that We may want TO make Lieutenant
generals OF SENATOR'S we may want to make foreign am.
bassadors OF senators; we may want TO make judges OF
hces that they can occupy, unless it be such Offices
have been created or the emouments thereof have been
increased during their senatorial terms, and which they
are prohibited by the constitution from holding. Now,
in all these cases, it may be and it is wisdom to allow
the senator to prospecvey fix the day Tor his resignation
and noy the constituted authorities of his State that he
will resign upon that day. and will no longer perform the
duties OF his office senator, and thereby allow those
constituted authorities time to have his ready
TO step the very moment he steps out and thus
to his State continued and full representation. The
whole system works we'll and admirably in this view of
it, it reasonable doctrines it reasonable system
and the reverse OF II is unreasonable sysem the
verse OF Il is foolish doctrine and would necessarily
produce an inerregnum IN the Senate--t necessarily
leaves portions OF time when the States not fully rep
resented in the Senate which is against the whole scope
OF The constitution. #vsHW
Now, il this doctrine to which | have adyered the
doctrine upon which we have been acting from the very
foundation OF the government up to the present time Ii
just that doctrine that is the doctrine of precedeRts
will not dean the Senate by referring the particulars
OF the case 10 which my friend who usually sits the
seat behind me [Mr JONES, of Tennesseel referred
tons are obligatory executed instruments upon
those senators who make them well upon all
the functonares OF government. | aude to the
OF the Hon. Jesse Blelsoe from my own State, which
occurred some thiriy-five forty years ago He
signed prospecyey and afterwards wanted to know Of
the Senate whether he could not the functions OF
his ohce SENATOR there being appointed 10
coed him and nil the oce that would be vacated by his
prospective resignation The Senate took the case into
consideration aud deliberately determined that he could
not-that his resignation, like deed estopped him from
claiming the residue OF his term And such has been the
settled rule OF the Senate since Suppose that Henry
Clay had lived until after the FIRST of September, the time
az which his prospective resignation to take effect.
That supposition will fully Test the question Suppose
that he had lived unu that time, and instead OF my friend
before me-DT Dxon-presentlng himself here 10 claim
the seat, AT. Clay hal forward al the commence
of this session and laid claim 10 it, Could he have
held IN Not Il the doctrine established by the action of
the Senate in the OF Jesse Bedsoe is the parliament
AIRY law Of this body. You would have said TO MIR.
Clay You are estopped by your deed you have
signed your office and although you did il prospectvey
TO take effect upon the first OF September, il still obg
aiory upon YOU and you cannot resume your seal here
And how much stronger IS the case, how much more
obligatory Is the resignation where the constituted
thOrtes of the State have accepted that resignation aud
acted upon II. If there could be any presumption il il
had not been acted upon that il not obligatory
executed instrument, because it prospective in is
character and 10 take effect ~ fntuo there can be
foundation tor argument OF that SORT think, after the
constituted authorities Of the State OF Kentucky have
eepled the resignation and acted upon IT,
Now, slr, what are you doing here Kentucky has
accepted thus resignation oil Mr. Clay BY her constituted
authorities, and, after that acceptance she has elected
my friend Mr. Dxon TO fill the vacancy thereby created
from The hrst OF September last And yet when he pre-
sents HIMSELF according this acceptance OF the resig
natsn, mel by the argument that that resignation
dld not creae vacancy and because there no va
cancy his election is void Now, mark you, If that res
oution dad create vacancy, that vacancy created
dufiag the session OF the legislature, and that legisa
tne, under the constitution, the proper authority
TO NIL that vacancy. The legislature said there
cancy the decision in the OF Jesse Bedsoe proved
there a vacancy; and the legislature, acting upon
that decision, undertook fill that vacancy by elecng
Mr Dixon prospective senator from the time that res
ignaon should take effect Now. had they not the right
to do.lhat Gentlemen here say they had such right
that they had right 10 elect only when there was an
actual termination OF the duties of the incumbent OF the
ottce by death, by resignation, or by removal
Now, there are various ways 10 create a vacancy.
Deaih creates vacancy insdnh there is a vacancy
from the time the last breath is drawn. That is one
way ol creating a vacancy. There may be Judgment
upon motion for trial of impeachment, ana soon
that judgment is rendered, the Office terminates and
there is vacancy from that period. There may be va
cancy by abandonment; may leave the State which
he has been elected TO represent and take his residence
elsewhere The time when the abandonment is established
ls uncerain but sill vacancy may be created 10 that
way And then vacancy may be created by resignation
And what do the authorities upon the subject prove
they prove that this vacancy be vacancy created
IN prasnh or immei iiaey upon the delivery OF alb
solute resignation | may hand in such resignation to
you, put my hat on, and walk OF the Senate Tha,
would be instance OF present esignaon And could
aso according 10 all the authorities and according to
reason, say will resign my seat month hence order
TO give due notice 10 the constituted authorities of my
State that they may have time to ill my place Tha, is
a prospective resignation, but still there is vacancy