Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-30


Laughter find that it is in vain for to invest this
matter with the seriousness to which is entitled IRE
newed laughter
But leaving this question, which do not believe can
be satisfactorily settled by any committee at the present
session ask the Senate to take common sense view Of
this thng-a common sense, practical yiewan upper
region yewa view which presents itself to those that
invested with flesh and blood Read the plain lam
guage Of Mr.. Clay See what his deliberate intentions
were how he understood himself how we understood
him how the Commonwealth Of Kentucky understood
him. how the Legislature Of the Commonwealth under
stood him; how the Governor Of the State understood
him; how Mr.. Meriwether understood him how every
member of the Senate understood him, when Mr. Meri
wether here take his seat and then say If there
is doubt this Is there the least doubt earth
Yes there is because gentlemen say they doubt That
evidence But let it be remembered in all coming tme
for the honor Of the Senate let it be remembered that
when the history which tells that there doubt whe
Their the honorable Mr. Dixon entitled to seat on
the floor Of the Senate there coupled also with that
other doubt whether dead could resign their offices
or not. Laughter.
4 Mr.. TOUCEY agree sir, most fully with the Sena-
tor from New Hampshire that resignation after death
is ridiculous idea enter into the head OF any
man and yet that is the resignation which is insisted
upon valid resignation by the honorable Senator him
self 1t is resignation which, by the terms Of IT. was to
take effect resignation, only the first Monday Of
September, l852more than two months after the death
of Mr. Cay-whch it is insisted has made the va
cancy to fill which the honorable Mr. Dixon is present
ed by the Legislature of Kentucky 1t is claimed that
that resignation was made by an act in the hfetme OF
Mr.. Clay Now, say, and maintained yesterday that
it impossible there should be resignation to take Of
feet after death man. by wi may dispose Of property
after death but man, by WILL cannot dispose Of
Office after death Senator cannot, by an act fixing
day posteror to his DEATH resign Office which is
longer his That was the manner In which presented
the subject to the Senate and that that idea is
absurd and ridiculous can well be conceived And yet
1t is precisely the resignation that insisted upon by the
honorable Senator making the vacancy at that time
shall reply to the honorable Senator beyond the
marks have made.
Mr. BROOKE shall offer no apology to the Senate
for again trespassng upon its time because this
which regard very important one-Important as
settling principle which will apply to vast number of
cases that may in all probability hereafter; and
therefore consider that it only admits but ustifes
the fullest discussion regret that have heard more
argument from the opposite side upon this question I'm
til yesterday we favored with nothing but bare sug
believe in every instance accom-
panied by protests of -commttasm In other words
member seemed willing to take position but simply
throw out doubts and suggestions reservng the pri
vilege Of forming opinion hereafter But yesterday
the Senator from Connecticut Mr.. ToucEy gave what
supposed be the authorized exposition of the views Of
those who disposed to deny Mr. Dixon the right to
seat in this body listened with great deal of at
ention and curiosity to the remarks Of that Sena
tor anxious learn by what process of reasoning
ground could be taken which the opponents of
Mr. Dxons claim could take their stand was not gra-
tilted and must say with all due Difference to the honor
to bring forward even the sembance of argument
shall say nothing in reference to the important question
which he put in the opening of his remarks and which
has been satisfactorily answered by the honorable Sc
nator from New Hampshire. will simply state, how
ever that the gentleman fell into in the begin
ming of his argument and that in confoundng
two distinct ideas He construed, reasoned if he
construed, resignation to the same thing as
cancy They are however, separate and distinct ideas
for is but the effect of the other resignation may
be made during the lifetime of individual, although
the effect which is to follow-the vacancy-may take
place afterwards Such is the The resigna-
ton was made during the lifetime of Mr. Clay the effect
of that resignation did not take place until after his death
There is incompatbilty between the two IDEAS
whatever.
But the Senator made very fatal admission to his
CASE when he admitted distinctly understood him to
do that if Mr. Clay had lived until the first Monday in
September he could have taken his seat in this body
after that time Now Mr.. Merwether appointed to
succeed Mr. Clay To whose rights to whose powers and
privileges did he succeedY He succeeded to the rights
the powers and the privileges of Mr. Cayno more and
less But according to the argument of the honorable
Senator from Connecticut Mr. Meriwether invested
with power than Mr. Clay himself; and he was in
vested with greater privileges because he could accord
ing the argument of the gentleman, hold his seat not
only until the first Monday in September but longer
until the session of the Legislature of Kentucky.
That sir is consistent But the Senator seemed
think that the continuance of the life of Mr. Clay
contingency upon which this vacancy to be determi
ned. do not regard the matter in that light at ALL The
only contingency upon which the vacancy depended
the arrival Of the first Monday in September; and
either the life death Of Mr.. Clay His resignation
to take effect upon the of particular event
and what that event The occurrence Of the first
Monday in September, l852an wholly indie
pendent of the contingency whether Mr. Clay lived until
that time or not The Senator also made another admis
sion rather suggested analogy, which is equally
fatal TO the which he espouses and thank him
for it, and will endeavor il out He compares
Office to estate for years. determnabe upon the death
of the party. Let run it out and how il term-
natA A In Erat IF naaa Last acad 10
plantation for six years few weeks afterwards the
18th Of December, b comes to A, and says, do not
wish to occupy this plantation longer than until the first
Monday ofSeptember next my design is then to remove
to different part Of the country and hereby surrender
TO you all the residue of the after the first Monday
of September and accordingly his ndenture TO
that effect That is binding and valid act. Nobody
viii doubt that them In the exercise Of his discretion
and his power leases the balance Of the term COM
mencing on the first Monday of September. acquires
vested right in that, does he not? Nobody will dispute
that Suppose however that the 29th of June, be-
fore the arrival of the first Monday Of September b. the
tenant dies His estate, whatever it may be- is then de-
termned by his death. What then is thrown back upon
A.? The whole term Could he divest G, to whom he
has made deed for the remainder Of the after the
first Monday Of September? Surely has acquired
a vested right after the first Monday Of September All
the term that is thrown back upon is that small re-
mainder existing from the 29th Of June when dies to
the first Monday Of September when Cs right into
operation The analogy is perfect SO much for the
gument of the Senator from Connecticut. | win now
with the permission Of the Senate go into general view
Of the subject promising, however, be very brief
In the remarks submitted Monday week last as
sumed the position that Executive appointment did
not necessarily extend to and not necessarily limited
by ensuing session Of the State Legislature that such
appointment might be terminated by other And