Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-23

are Irregularities the returns are wrongi they
made upon facts which do not justify themwhen those
facts made appear upon you get clear
Of the Prid face case, and set il aside hold that you
sacrificing the rights Of my friend and Of my State
by delaying his qualification, by refusing to him the
right OF participating in the debates of this body and
by refusing give Kentucky but one vote here all the
interesting questions that may before you from the
present time until the end of the session. Nay, you
may not decide the question, If it is referred TO com
mittee during the session. and you may make my friend
again at the session. and present his paper
and you may postpone his from month to month,
and from year to year, during all which time Kentucky
Will have out one representative this floor Will the
Senate do 1t hope not | think then, that the pro-
per motion, and that which shall make after the dis
cussion IS at an end, Il want allow full discussion
long rs gentlemen wish to discuss the matter will be to
lay TINS resolution upon the table, and to ask accord
ing 70 the common practice in such cases. that the oath
OF office shall be administered my colleague and that
he be allowed to take his seat And then any OBJ
Jecs 10 his constitutional qualifications his age his
sdence, or any other personal matter as in the of
Mr. Shields, or makes any objection to the legality Of
the returns or commission, the legality Of the election
or denies the existence of vacancy let him make his
Objection and have the reference made and then bring
up the facts in the ordinary manner That would be
dealing out equal justice as in the case of Mr. Shields
and that OF Mr.. Mallory and others, which constitute
precedents worthy to be followed by the Senate
nope now to be INDUCED in presenting something
little more serious than any thing have yet advanced
am laboring under hoarseness sir but will perform
my task as well as can. Mr.. President have looked
INTO tne arguments upon this case with great anxiety
mean SIR hat have read the debate, and think per-
ceve clearly the untenabe nature Of the grounds
ed by those who to have rejected the claim of Mr.
Dixon and put forward the claim of Mr. Meriwether
think that can present the points of difference between
the two cases in such light that he who may read
and understand exactly where the difference between the
two views is to be found. If understand the argument
of those who oppose the qualification Of Mr. Dixon and
who wish the reference to take place. it is founded upon
Senator from Kentucky until Mr. Clay died that then there
became vacancy by virtue and by of that death
for the whole residue of the term Of Mr. Clay that that
vacancy thus occurring during the of the Legs-
lature of Kentucky could only be filed constitutonay
by the Executive appointment that the Executive hav-
ing made the appointment of Mr. Merwether, his term
of service, under the Constitution necessarily continues
during the whole residue of Mr. Clays term unless
perseded by Legislative election to take place after the
Executive appointment made. have read all these
arguments with very great attention. and have given
you the positions which have been taken understand
them fully and fairly without intending eyade any
thing which has been urged and if cannot now show
you from the Constitution from reason, and from prece-
dent that these positions not tenable, will give up
the case First as to the Constitution; what does say
1t provides that Senators shall be elected of
years Iprovides they shall be divided into three classes
that the term of class shall expire in two years.
that of the second in four years and that of the third
six years. so that onethrd may be elected every two
years 1t then goes to say that if vacancies hap
pen'-how? "By resignation or otherwise are the
words of the Constitution g If vacancies happen by
resignation otherwise during the of the Legis
ature of any State, the Executive thereof may make
temporary appointments" 1t is appointments" in the
prural, not in the singular He may make temporary ap
ponments to fill any vacancy that may during the
recess of the General Assembly the vacancy does
occur during the recess of the General Assembly but
while the General Assembly is in session. then, by clear
and direct inference from the Constitution the Legislature
and not the Executive fill that vacancy These pro-
visions supply the constitutional principles which are to
regulate this matter and should look at these proy
s1ons OF the Constitution which have rected substanti
ally If not literally, apply them the facts in the CASE
and allow them to CONTROL direct and govern judy
ment.
The first thing to be inquired into is whether
cy has occurred and IL so, when happened And here
we come TO difference Of views to which wish to call
the attention Of Senator's All admit that vacancy has
occurred. But when did atvacancy occur? When did
it happen, in the language Of the Constitution Gen.
temen who differ with me say it happened upon the
death OF Mr.. Clay, and not before. | say il happened
upon the resignation of Mr.. Clay. Which Of is right?
Look at the fact If happened upon the resignation Of
Mr. Clay, the vacancy occurred in December, when the
Legislature in session All these facts appear upon
the papers the documentary evidence upon which are
arguing upon the commission Of Mr.. Dixon. If the
cancy happened in December when the Legislature was
IN session. have already shown you by the Of the
Constitution that the Governor could fill that vacancy
that by the express language of the Constion-for ii
is direct and not inerenal-it to be filed exclu-
svey by the Legislature But IL the vacancy occurred
Il
adjourned, in the month Of June last on the 29th day.
when Mr. Clay died. then acknowledge that the Consti-
tuition is equally clear and imperative that the
may be filed BY Executive appointment and that Mr.
Meriwether was properly appointed to fill it,
Let us take another step, and inquire what is
cy? That question has not been asked have
il answered In the argument Ii is a very important
question to lead to correct conclusion in this
What is vacancy Give me the essence which con-
sttues vacancy let me known the nature Of things,
without regard 10 terms, words expressionswhat
1t is that constitutes vacancy viii undertake to tell
you. IL is leaving portion Of the term Of six years
during which portion Of time there is officer, per-
son elected or appointed by the constitutional authorities
to fill or exercise the functions Of the office that is
cancy If there be portion Of time in the whole term
Of six years destitute Of officer person qualified to
discharge the duties OF the Office there vacancy IT,
during the whole six years, there is always an officer
ready to perform the functions devovng upon him by the
Office ready to step forward and exercise his duty and
that officer has been consttuonaly appointed either by
the Legislature the Executive there is vacancy
vacancy is portion Of the six years when there is
person qualified to discharge the functions Of the Office
Can anybody gainsay that positionf Ii to
be impossible 70 get around the definition which give
repeat IL there be officer qualified discharge the du
ties and exercise the functions Of the Office always ready
always appointed always under commission there is no
vacancy II there be portion Of time when there is no
such person provided either by the Executive or the Lee
gsature to perform the functions Of the Office there is
vacancy.
Under that definition Of vacancy, let ask you what
was the condition Of things when Mr. Clay by his letter
or resignation written in December last do not care
in what words that letter Is couched-informed the
Legislature that he would not discharge the functions and
duties Of Senator from and after the first Monday Of
September? What the condition Of things in regard
TO the residue Of the full six years for which he was elect
cd The very condition of nv de6nition itself