The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-19

nol tue want oil power not granted, but SIMPLY an Ina
by 10 aci arising from the fact OF lis moi being IN
SION When IN session It's power resumed, and gem
eral, comprehensive, aud complete s.f II
IL Is not necessary then, TO examine and whether,
in this case. the legislature of Kentucky specifically
authorized BY the constitution 10 do II has done bat
having seen that lis jurisdiction over The subject is gem
era The burden s on the shoulders OF others TO prove
thai Ills acion IN the premises expressly forbidden
prohibited by the constitution. 5e
| Applying these general principles 10 the question al
lssue appears TO me to be easy OF solution Mr. Clay
resigned his seat IN this body IN December, 1851, while
the legislature OF Kentucky in sessonhs resigna-
zion 10 take effect September following Could he do
thsf Had he the power thus 10 fix ia tulo the period
OF his services As have had occasion before
mark This point Is too we'll settled both by precedent
aaG Sc;iSss admit OF further controversy Ii was
settled by this body in the OF Jesse Bledsoe cited
the other day by the senator from Tennessee Mr. JONES
This body then determined that resignation TO take ef
tect utv0 act executed aGd irrevocabe, and
that wherthe period arrived the resgaing member was
longer entitled to his seat The honorable
from Geokia lMr, CHARLToNl holds his seat the in
cumben Of vacancy occasioned in the same way his
appointment having been made in advance, and while
Judge Berien discharging his functions OF senator
upon this foor Mr.. Cay's action, them being legal,
and the vacancy to be occasoned by that action being
fxed cerain and rreyocabe. the legislature, by virtue
of its general jurisdiction, had right provide for it.
The OF the constitution in confenng the power
OF appointment the governor 10 provide for unexpected
emergencies not existing the power OF the legislature
was in full iorce, and was very properly exercised.
If am not mistaken, in the of Lanman, the decs
ion OF the Senate, refusing him seat based in part
if not in whole, upon this very ground--tha vacancy
occasionet by the legal expiration of tme though
ours OF the eg gslaure, not such vacancy
as the executive can fill and why Because il does
not in the language OF the constitution. hsppsnthe
| event is fixed and determined by law, and can never
come Unexpectedly or at time that cannot be ancipa-
ted by a preceding legislature. Such also was the ef.
feet OF the decision Of the Senate in the case OF Mr. Sc
vier of Arkansas cited the other day by the senator
from Kentucky. Although the expiration of his term
was fixed by law, in that of Lanman, yet from the
peculiar circumstances OF the case the Legislature could
have provided for the vacancy, and therefore the ap
pointment Of the executive was sustained Such was
the with the vacancy occasoned by Mr. Clays resg
nation--ahhough the act was his own, the termination
put 10 his services and Office of senator Just as
hxed cersain, and determined the period prescribed
by law. II anticipated by the Legislature, because
they had been officially notified OF the fact 1t not
case, therefore, of unforeseen emergency, contem
plated by the constitution, for executive action. The
necessary and inevitable consequence is then, that the
election of Mr.. Dixon TO fill the vacancy created was
egmat. exercise OF power. and should now be sus-
tanned.
But il is objected that Mr.. Cays death in June pre-
vented the vacancy in September from occurring, and
that therefore The contingency never happened on which
Mr.. Dixon's election depended To this 1t may be
| Piled that If The election of Mr. Dixon valid and
legal the tine il had, nothing that could take
place MISUNDERSTANDING er post ficio-could render il
null and void. An election, as soon as made, confers a
vested right upon the officer elected 10 the honors and
emouments OF the ohce--a right which cannot be d
vesrd unless by his own act or the abolition or cessation
of the ufhse But il is not necessary inquire whether
the vacancy occasoned by the resignation of Mr. Clay
occurred not That resignation fixed period term
to the Office OF senator as pertaining to hma period as
and this period certainly did arrive, whether Mr. Clay
lived 10 see i or not
The senatorial Office is continuous, and intended TO be
perpetual 1t is however, divided into periods or terms,
beyond which incumbent cannot hold These periods
or terms again, by legal permission, frequent
! ly subdyided by designations; and election in
advance Of and 10 provide for, one of these subd
visions is the exercise OF the power and is sub
leced 10 the sane legal incidents, as is an election
Tor the constitutional term. When Mr. Clay died. there
fore, there vacancy his occasoned, or
be oceasioned by his resignation because it had been
provided for by the election OF Mr.. Dixon His death
however Did create vacancy. but only for the time in
ter vening between his death and the OF
Mr. Dxons term or, IN other words, for the balance of
his Mr.. Clays) term; that term, by Mr. Clay's own
act, extending only 10 the hfst Monday Of September
The case, N prlncipe, precisely the same II the 9TH
er senator ftom Kentucky, [Mr UNDERwoopl whose
term OF expires the Alb OF March next and whose
successor has been elected, now TO resign. The
eyecuve OF Kentucky could fill the vacancy until the
arrival OF the time when that isenttIed to take
his seat, and longer In this view Of the case think
the governor OF Kentucky perfectly right in limiting
the COMMISSION Of Mr. Meriwether be has done Now,
The reminder OF a tenn may be Of Two lone being
until The expiration oil the hNe by the cor stu-
uon, The other TO the expiration Of The term fixed by
the party own act OF resignation Then what the
remainder OF Mr.. Clsy's term al the time OF his death
Unlil the first Monday Of September, unqueslonably
Alter that time was no longer ms term because he had
resigned ityielded IL up into the hands OF those who
had conferred II upon him From that lime until it ex
pred by legal mllasn il Mr. nixon's, having been
conferred upon him by the primary appointing power
MIR. Aiefiweiher, them has served ont-has exhausted
The remainder OF Mt Cays term, exactly what he was
commissioned 70 do by the executive, and ia longer
enuiled TO be here as member.
Il could have been expected, MIR President that
the trainers OF the constitution could IN provide for
every possible state OF circumstances that buDan ralty
or human ingenuity might give rise 10 Hence the ire
quen necessity o resort construction in case Of
other laws, And appebend that the samo rules OF con-
slrucon VIII prevail in reference The constitution as
with Statutes passed by the ordinary law-making po aer
The AreAt And most rational method TO interpret the
will OF the legislator, says Mr. Justice Blackstone is
by exploring his Intentions al the time when The law
made, by signs the most natural and probable And these
Signs are either the words the conex the subIect-mat
ter The ELECTS aud consequence, the spirit and
lot The Law" There s no part oil The constitution more
obvious IN ITS intention, more feeous in its concep
on, than the organization OF the Senate The govern.
ment not beng consolidated oae and ils Constituent
equality II was obvious that this equality must be feoog.
uised and represented in other OF the depart.
nents THIS done by composing the Senate o gssrl-
bers 10 be chosen by the legislatures OF the ssvera States
the legislatures themselves representing, in combined
form, State sovereignty, and thus forming the consttu
ency o which this body was to be the Representatives
The whole intention, ben vest in the legislatures
the entire elective power, 10 give them general and,
lar as practicable, exclusive jurisdiction the subject.
matter with all the effects aud consequences warranted by
the spirit and OF the law The only exception from
this broad and general grant s as has been beioa shown
The limited aud temporary power eonaded TO the govern
or, and that only in where, from physical inability
the legislatures cannot aet-an exception which, IN
most emphatic manner proves the truth OF the general
rule THIS body then, being the Judge of the tenure by
which lts members hold their seats. exercising is u
dca functions should endegvof 10 carry out the nien-