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


Of my great obligations and my profound gratitude for tn
distinguished and gratifying proofs which ii has gve
me OF It's confidence and attachment
have the honor be- with the highest respect your faith
ful and obedient servant III. CLAY.
The Legislature then in session He states tina
his object in resigning is to allow that body fill thu
vacancy for the residue of his term after the termination
OF that session Of Congress- He says in substance:
never expect to take my in another Congress do
therefore hereby resign my Office in the Senate Of the
United States to take effect the first Monday in Sep
thus reservng to himself according to the whole
TENOR OF the instrument the right to fulfil the duties
senator during the residue Of that session Of Congress
wnen he was here in Washington After that resignation
mas peen accepted after it has been acted upon and after
Mr Dixon has been elected will the Senate of the Uni
ted States send him back and say the people of Ken
lucky All the proceedings of your Legislature
mere farce This resignation of Mr. Clay occurred pre-
clsey as the former one when Mr. Crittenden elect
eu put t is all good for nothing and you be rep
resented by the person elected by your Legislature
| hope not.
i Now, word to my friend from Georgia. | have no
idea OF turning him out do not want any confirmation
Oh MS commission; but will say to him, MIR. Dixon is
70 go by the board in consequence of the commission
| Mr. Meriwether, think he too ought to go, ! have
always acted Upon the principle of equal justice to all
men, ana do not like to fish made of and flesh
OF another Let all fare alike and think therefore,
that If the one commission is not to enttle Mr. Dixon
his seat SO the other should not ente my friend from
georgia 10 his seat In that friend from Georgia
would be- for all practical purposes here in Congress-
we had taken up any stranger the streets brought
him in, qualified him, and given him represent
sovereign State. That is the effect Of making these
commissions void But utterly deny that they void
they are in conformity with the fact they express the
truth they tell what actually exists and they made
out IN the execution of authority which the Governor had
right to exercise in each instance They show what the
Governor intended to do 1t has been done correctly in
opinion in both instances and my friend from Georgia
is as much entitled to his this floor am,
any other member is; and was Mr. Merwether while
he here He as much entitled to hold under his
1 lSgO until Tho FIRST in
! other member on this floor
wish gentlemen, when they answer this argument, to
show how it is that you cannot Divide prospectvey, by
resignation Senatorial term Let it be starting point
to get up and show how it is that that is legal and
sutional impossibity. If they show that it
not be dene shall be startled and be ready
der apprehend, the argument which have made. But
as long believe that you by resignation exercise
the constitutional right Of dividing the term into different
parts insist that the resignation which have just read
did accomplish that thing and by that all Of Mr. Clay
term beyond the first Monday in September made
can't and that vacancy happening during the sitting Of
the Legislature could be constitutionaly filed by them
they did fill it by the election Of Mr. Dixon Unless
that position be overturned and unless it can be
shown that such division of the years could not be
made by resignation think my argument is unanswer-
able; but believe shall have astuteness enough
how that position be overturned, should 1t be done
and if be proved that it is constitutional mposs
by to divide Senatorial term by prospective resgna-
ton, surrender all that have said
Mr. TOUCEY 1t was my wish that this subject should
have been referred to committee that the precedens
might be examined, the subject deliberately considered
and presented to this body in mature form. thought
that course TAKEN the precedent which would now
be set would hereafter be regarded entitled to higher
consideration But the subject has been gone into
the debate has been continued from day to day. and
Quoted with little ability, Ihaye become satisfied that
this whole question must be disposed Of substantially
here.
Mr.. President, there is, in my judgment preliminary
question affecting this whole subject which entirely dis
Ia ptaI
Senate in any of the precedents which have been cited
and have received information from any quarter that
that question has heretofore been brought under consider
alton 1t is whether Senator resign his Senatorial
Office after his death
confess, sir that have not been able to bring my
mind entertain any serious doubt that the resignation
of Mr. Clay transmitted to the Executive of Kentucky
year ago. with proviso attached to 1t that it should take
effect on the first Monday in September last which
after his DEATH is necessarily imperative and void by the
of that event 1t impossible not to believe
that 1t made upon the inherent and indispensable
condition his life should be continued the specified
PERIOD when the act by the terms of it, to be efec
tive to vacate the Office doubt not that the incumbent
himself acted upon that idea. doubt not that when he
transmitted that resignation before the arduous abors
that session, he presented it under the belief if may
say, the fundamental belief that his life would continue
to that period requiring that act order to vaeate the of
fee. Not only it the presumed intention OF the in
cumbent but it perfectly understood by the Execu
tive, and by the Legislature Of Kentucky that that resig
nation transmitted upon that condition. And now
4
took any effect 1t would be impossible suppose
that either the incumbent the Legislature of Kentucky
should have imagined that possible for Senator
TO undertake to resign the Office which he held after the
period when he ceased to be here, capable of acting.
regard it, therefore, entirely imperative because that
implied condition, which is Indispensable did not
What power has officer the Office which he holds
after his death In fact there entire defect Of power
in any incumbent either directly indirectly to resign
Office, to vacate Office, to execute any instru
ment by which shall be resigned vacated at period
subsequent his DEATH because in the first place. he has
power at such subsequent period. He has power
the time when had been vanly provided that the act
Of resignation should take effect but il had passed from
him, without any agency of his, in irresistible way
for which the Constitution had made ample provision
And there is sub for the power to operate upon
That ALSO had passed Of his hands by the
and when the resignation to take effect, both the
power and the Office had passed away from him There
passed of his hands and perhaps had been filled in
constitutional long previous to the time when the
resignation intended take effect and when, by the
very terms Of it, il to take effect If il should
take any effect at all.
1t has been said in regard property that the owner
may by instrument act upon that property after his
death but there is analogy between the two Of
property and Office there is property in Office The
the TO act upon property by the manner
ofdisposng Of it. But has officer any power Of dspo
sing Office after his death Can he do act which is to
take effect after his death, that shall have any influence or
any control that Office be properly COM
pared e-estate for years, determine
bic with life Can the that dispose Of the term
after his death and when his power the property has
gone Can he execute any instrument whatever that shall
have an influence upon il? confess Mr.. President that
have been able to discover any ground which II
be said that resignation, to take effect after the
death Of the incumbent effect upon that Office
hate Tkn~ IL