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

bers the Senate may precise analogy Mr. Bel
rien resigned prospectvey That created the vacancy
in the opinion of the Governor Of Georgia and upon til
presentation of the resignation he appoints and commits
sons Mr. Charlton before the day arrives fixed by Nh
Berrien for his retirement That is authority to sup
port the right OF Mr. Dixon claiming under the prospec
tive resignation Of Mr.. Clay Mr. Meriwether admit
claimed his right in consequence of the actual
occasioned by the death of Mr. Clay There is that diff
ference and that is ALL The prospective resignation anc
letter of resignation in the case of Mr. Berren took ac
during the of the Legislature Mr. Claws letter
resignation was written and delivered while the Legisla
ture in session. but the time fixed when he was to re
tire from this chamber happened in the recess of the LIE
gislature. The precisely the same in the prn
cple for which cite them One is the case of an Execu
tive appointment based upon prospective resignation
and made before the arrival of the day fixed in the letter
Of resignation when the member would cease to act The
other is the case OF Legislative election based upon
prospective resignation and made before the arrival Of the
day for the incumbent to retire No one questions the
propriety of the Executive appointment That is Mr.
Charltons case. Many seem to doubt the proprety Of
these Legislative elections That is Mr. Dxons case
Mr.. Meriweher was appointed by the Governor to hold
his seat for limited time Mr. Charlton was appointed
by the Governor to hold for limited time. Mr. Meri
wether presents his credentials and is qualified without
objection being made; Mr. Charlton presents his creden-
tails and is also qualified without objection Both are
appointed by the Governor for limited periods both
qualified without objection both the commissions stating
the period when the term of service is to expire And
now after receiving commission of that Sort and al
lowing gentleman to be qualified without objection how
you get up and say that the other commission pre-
csely the in its character and which limits the Pc
Rod of service in the manner is void? deny it,
1t is in conformity to the fact.
The Governor of Kentucky had before that time COM
missoned Mr. Dixon and he could not allow his files to
show the inconsistency of one commission to Mr. Dixon
from and after the first Monday in September and then
another to Mr. Meriweher which could be construed to
ly right in making out the second commission and he
put upon the face of what his duty required him do
In order prevent any conflict between the two The
Governor acted wisely by inserting in the second commits
sion the period up to which Mr. Merwether was to hold
his Office What right have you to 60 behind the Gov
ernors commission? What right have you to revise the
mode and manner in which the States make their
denals those who represent them when by the
constitution of the country, the times, mode and manner
and every thing belongs to the State Legislature and the
State authorities until you shall undertake by law
cording the constitution to alter the modes of proceed
ing by the State authorities Is there any question of
contest here between and B Is there any question
contest here made by any one with regard to the legality
of the commissions None whatever The State law and
the State authority have right to control all this, and
you to give efficiency to it, until somebody raises
question and that question: according the constitution
must be with reference to age residence citizenship
some other personal qualification else it must be with
reference to the legality Of the election appointment
My State has done all this in pursuance of her law and
in pursuance of your presidents; and say that it
most ungracious task the part of the Senate of the
United States to be undertaking revise the proceed
ngs of my Legislature the acts of the Governor of the
State upon better foundation than objections to the
form language of commission defunct upon its face
and which no one is yet attempting to revive.
But deny that the commission Of Mr.. Meriwether is
void because limitation is inserted in it, that the
limitation is void. Sir if that limitation be void, the
whole commission is void, and that upon settled prnc-
pies of law.
Lord Coke says that if man do less than the COM
mand the authority committed to him, then what he
does is void" Go and look at Dunlsps Paley upon
Agency page 49, According to the doctrine advanced
by some gentlemen the Governor of Kentucky in Mr..
Merwethers case did not fulfil his duty He did, they
say great deal less than he required to do accord
ing the constitution He required, gentlemen say
make commission which should have such validity
and effect to confer upon Mr. Merwether the whole
left by Mr. Clays death and his resignation 1t is
manifest that he did not do that He only commissioned
him for few months up to the first Monday in Septem-
ber Then exactly in the language of the authority to
which have referred he did less than he command
ed to do he did only part of his duty and having done
part of his duty, the act void What gentlemen
doing, then They acknowledging by their r
gumens that the paper presented shows that the Cover
did great deal less than he ought have done He
did not the requirements Of the constitution and
yet they say win enlarge that paper contrary to the
face of it. and make it meet the requirements Of the
constitution to the whole extent although il is bat the
partial and limited execution of power. Thus they
give validity to defective commission accord
ing to their admissions to suit their purposes
and designs directly conravening the doctrine Of Coke
Now, legal proposition, can this be done As a
vernon Of Kentucky had right under the of facts
appearing the records and proceedings of the Legs
ature insert the fact that the appointment
the first Monday in September when the Legislative cleo
ton should take effect That all he had right to
do and he did that fully and expressed it upon the face
Of the paper If You do not sanction it it stands you
bound to regard the whole Dullity for then,
under the doctrines Of agency, il is all nulity and
then those who contend that the seat filed by Mr.
Meriwether making claim in Mr. Merwethers be-
half upon void paper and not upon legislative cleo
ton-a void act Of the Governor according to their
position How then they claim that be should hold
the under that void act The thing is impossible
unless you intend make law for the States and have
persons put in Office contrary to the viii of the majority
Of the Legislatures Of these States Is that the prnc
pie upon which American Senate act? Is il not
at with every thing like the genius Of Govern
ment2 Who say that the Governor of Kentucky
would have commissioned Mr.. Meriwether at all, if he
had known that the Senate would enlarge and extend the
time Of his appointment beyond the date limited by the
Governor Are you TO stultify the Governor, and be-
you think he ought to have done than he did
do to meet the requirements Of the Constitution you
at liberty to enlarge his commission and make II confer
Office for years which he limits to two months dura
ton No, sir you have right to reverse the rule,
and make the include the mayor. But If you are
fully convinced that the Governor erred and did less
than he should have DONE after you have instructed him
in his duty you should be instructed by Coke, and de-
clare the commission TO Mr. Meriweaher altogether vod
and let the Governor have another chance to select
man, as well make commission. For the Sc
nate to stretch Executive commission is objection
able in my Judgment the Procrustean process Of op
ping off
Mr.. President, have now vndicated, as conceive,
the Legislature Of my State for acting they have done
have indicated the Governor Of my State He is not
gentleman Of my political creed but he is for whom
have high respect and esteem, who believe has act
ed honestly conscienousy, and properly in making out
the commission to his appointee in the in which