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

oOVbfUOf
was clearly In pursuance Of the constitution That ap
poinmspt according to the express terms OF the con
atitution, was to continue till the next mcc ing of
the Legislature Il wss an ipchoate and inoomplete
act to become perfect on certain day But. before
tfst dsy By the act OF God the ofco was taken fom
MN, and therefore his resignation matured
made perfect completed. Ills control over aud cor.
neccn With the ofoec terminated before thu time ar
rived for hts resignation become complete Tho act of
God he'd rendered that void which had he lived would
have become valid and complete Suppose Mr. Clay hal
oNd during the sesson Of legislature after Mr. Dixous
eeo 1on-woold not their Cling that vacancy have file
Il ioi the whole tune! Would there have beeo tao va
capcies In one eiioe? This anomaly wholly uu
Dir RusK (o.m Of Texss foloved maints aiming that
the legislature ~ss invested with make cleo lions
Governor Tho intention OF the legislature clio arly
evident spo he woulo vote TO carry ont that intea
re thought the precedent Clearly entitled Mr. Dixon to
tbs sea. and be should vote
Mr. stwARn (reesoil OF New York, said that siooe
be had addressed The senate 10 favor OF SIR DIxons right
70 the feat propo zion had been made for tmittlng
BIN without reservation Senator from Kentu ky
lie desired 10 give his raons for his vote flo quoted
the several caufss Of the touching The ellen
TOD OF senstors and stated the facts OF
the lime OF MIR O!aYs resignation aud the action cue
LteatuIs Unit, the death OF Mr. Clay and the appoint
ment OF MI Meriwether by the Governor, to hold his
at MI the fret Monday In september, 1869 lie said
that MIR Meiiwe her immediately took the seat
occssioDed by Nh Cs deah, and hsld 1t until Congress
adjourned ON the last day Of august 1862. On rst
MONDAY Of December the senste assembled. Mr. DO.
rwe'bcr does not appear aud Mr. Dix appears aud pro-
sents his credentials and claims the Mani
fsety Sir Dixon is OF the two chosen by
the Legislature of Kentucky for six years aud Ia
chosen fill vacancy which hap psned in the term
OF MIR Clay Ths whole question turned on the poiat,
nov did that vacancy happeu? MIR Clay resigned liking
the first Monday Of september tho day when he hoad
vhcate his and DIED nevertheless before
that day arrived Mr Dixon appointed the L-sis-
aoIe when in session before, not on, the day wnioh
Mr. Csy reeRnaton fixed for his retirement bat alo
before Mr.. Cla,'s death They who maiutsiaed Mr..
Dx0u's title insisted that the the
the vacancy happen ID by Mr. Clay's death These quss
tons arise list. Can senator resign 3D. Gan sen
6or resign appointing future day for bis retirement
nom the senate sd Csn the proper up iatiGg
receive such = resignation a0d prOspecLivey dl the
vacancy? 4th II the Legislature 50 p-ospeoiv4iy fiji
the vacancy thsir appointment defes by the
death Of the resgDipg arrt al of the
day fixed for BIS retirement fiou the Senate? II
sepa'or can REIGN prospectively. aud the Legis-
be defeated by the death Of the i9ning 5enstor
then Mr. pixon's title was valid rne ncst Ques-
ton expressly decided by the coast, ut,on-the
second by an uhbrnken succession Of urecedeuts.
Mr. Bsedsce 70 rreignsd 20 dd MIR. Clay 10 lsi3; Mr.
Be''iep In 1859 ana Mr. Foote In ths sane year. the
third question tlso decided by precedent In iSa2
the Legislature of Kentucky prospectiv.iy fad the
caIcy caused by Dir Claws resignation Tne Governor
OF Geo 6 a prospectlvey filled vacancy in 1862. The
only lena ming question tue fourth -ceuid he
6ehJh Of the rssgniDg Senao defeat sppou of
hi, successor ctlvtl made? No euan e,eut had
heppeDeu yet, and therefore there precedent
They were then lett to rea 2,isu To him, IL
clear that the resignation and appointment not
airy expressed condition that The rcsgRtng Senator
should live until the day fixed for bis retirement
that on the contrary unconditional and sbssu to-
LDc cenetof VINO Resigned. StAte WH1 received
the resignation both agreed that the Resignation should
be unconditional and alb clnte the ta.e Of tbs tcau
ion The rssie n'ng seuator had no IdssTv !
power over his re,gnaiicn after delivering it
to revoke defeat the prospective appoiu ,nae ut
OF his successor The S9nste decided In Mr.
Ble6soes case Nor could he defeat it BY retiring
from the SsDa'c at q day cartier than tho time
Fixed ny bis resignation for If he coad it would give
power 10 do indirectly what he coold do directly
Why could he not thus defeat the appointment OF his
fucoctsor Because the of rsguatton delivered
end received Gld made the foundation a. another ap
p0invmeDt, IL fit dcconph rho v.osucy Icing flied
and tbs resignation placed beyond all revocation defeat
by the TehgpiDg member. no cannot defeat by dying
wbeib'r biz oes be voluntary Involuntary Te urat
resignation beDg plee ana iEdoenstble the appoat
NJ. Mt tf The aso piete ana
lie coDsit,rtd tho scat vasant the day arrived
the resa, etoD to aBe eeot and the appointment pu
sltbt 10 that resignation 1CIt into opera lou whether
the Senator retired Mr Sevnrd pursued
HE argument Duco further
Mr Mason (dsm) Of Va followed urgirg . refs-pncs
Of TIE subject and mainly agreeing with the argument
Of MIR Douglas
Nj. BoalssD, tsem Of Ark, moved postponemeat
tf the subject Lost
III. BAposS, (~hig) Of N. c moved an adjournment
Lott
Several Senators expresed wish that the vote bs now
taken. and The question being taken Mr. jones'
luten. declarne nr. Dixon duly eected Senator from
Ken lucky to I'LL the varaUoy caused By the rsgustion
Of Nj Clay and that be be admitted to his seat was
acopttd By yeas ~ psyt II o. follows -
hyes-hcs-re. saTs ntth son, Badg Bell, Brooke.
Euuer, CLaac, Clarke. Cooper Davis pewsan Dodge OF
Iowa Fsh Geyer Hale Jones ofTennsse Mitoe sorton,
IetIo9 kush seward Smith. Spruhnoe, Sumner Under
fsysMesrs Bs, ard Bcrlard Bradbury Brighs. Cass,
Ca hear, De ssussere Dodge of wiscSnds j. urIas
Mr DIXON was then IN and the Senate aojournsd