Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-16


amendments 10 fiji vacancies is limited to cases in
which the vacancy during the recess 81 the Legs
lature.
The history Of this case is briefly his Mr. Clay,
the last session of the Senate resigned ms seat TO
take effect at future day, before which he died the
time his resignation took effect the Legislature Of Ken
lucky session. and proceeded 10 M the vacancy
occasioned by such resignation oy the election OF Mr.
Dixon whose credentials have just been presented That
the Legislature Of Kentucky had power = elect Senator
to fill the vacancy oceasioned by the resignation Of Mr.
Clay is scarcely to be doubted II has certainly been
the universal practice for the Legislatures Of the several
States TO fill vacancies occasioned by designations before
the period which such designations took effect II,
then the Legislature Of Kentucky had the power 70 elect
Ar Dixon before the resignation Of Mr. Clay took effect
subsequent Of the Executive could impair or inyal
date such elections and that the Executive thought
himself Is apparent from the terms Of Mr. Merwether
commission
Ii Mr. Clay had lived 10 the first day ofSeptember the
period fxed for his resignation, would question
presume the right Of Mr. Dixon his How then did
MS death affect the question Il could not surely nva-
date i i il We're originally constitutional anu legal
have Said the practice universal for the Legisia
Of the several States fill vacancies 70 take effect
future Not long since il remember right, there was
example Of this kind in my State. lreter to the
election Of General Cameron the resignation Of Mr.
Buchanan the time he appointed Secretary OF State
He resigned to take effect think on the third Of March
and General Cameron elected IN the tter between
the period of the resignation and the tune az Weh u was
70 take effect.
In this case the term Of the Senator appointed by the
Governor of Kentucky fill the vacancy existing between
the period Of the death Of Mr. Clay and the commence
ment of the term Of his successor elected by me Legs
ature was limited the period fixed by r Clay for his
resignation 10 take effect This admit, IS Of no impor-
lance except far il goes 10 show how TINS ques
ton understood in Kentucky If the limitation OF the
Executive of Kentucky is in contraventon Of the Cens
utan, such limitation is void and void IN my Judgment
without avoiding the commission Some Of my friends on
this side OF the chamber think differently: but nave
little or no doubt on the subject repeat, that have
lothf xuho thotM Iiy6u spl
and entitled it and he is so because if the act Of
the Legislature in eectng him constitutional and
lid at the time of his election no act of the Governor or
of any body else, coulsnvalidate it subsequently
Mr.. MANGUM The honorable Senator from Calfor-
MIA Mr. GwIN is mistaken in the allegation that there
is precedent of this description IL the history Of this
Government So far from that assertion being correct
there is precedent exactly in point and as lawyers say
in every part of it IN qdtHor pedbs looked at 1t this
morning Mr.. Clay, in the month of January, 1872 or
the December preceding resigned his seat in the Senate
the resignation take effect the 3st Of March, orthe
1st Of April following do remember which. Mr.
Crittenden elected to fill the vacancy. No official
notification Of that resignation given to this body but
a notification given TO the Executive Of Kentucky
In this case, in the month of December last Mr. Clay
sent his resignation the Governor of Kentucky to take
effect the first Monday Of last September. No official
notification furnished 10 this body OF that resignation,
in which respect both designations exactly alike
In the first instance, Mr. Crenden elected the
cessor Of Mr. Clay. lie arrived in the city Of Washing
ton the first day of APRIL 1872. From his. seat Mr.
Clay presented his resignation, and before he sal
down presented the certificate of the election Of Mr. Crit
tendon who was admitted and On that occasion
Mr. Clay made his farewell address TO the Senate Both
those gentlemen occupied seat in this body In that in
stance there not whisper OF objection from any
quarter. Ii passed-and thus stands precedent
with perfect unanmity not only the part the Govern
ment Of Kentucky but the part Of the Senate Of the
United States.
Sir had hardly expected to live see W reenact the
Of the New Jersey case, which happened some
years ago in the House Of Representatives which
burnt with brand that heated 10 white heat by
the public reprobation Of the whole United Statesby
Of all parties Sir when credentials presented
here under the proper signature and with the proper
compartments they regarded pri0a tde evidence,
have always understood since have had seat on
this floor and always accepted That by no means fore
closes investigation afterwards but the State ia the
time entitled be represented; and BY whom
represented except by him who presents the Prd dce
case If upon examination il should turn out that II IS
not good case another will be substituted 40 instance
TO the contrary has happened in my knowledge DO not
know what the precedent is to which the honorable Sena
tor from Tennessee MIR JOKES alludes certainly, sir,
none has occurred imagine in your time Of service in
this body, miue-yours is longer than mine. Ii it is
designed 70 make question about the filling Of this
cancy let the Senator who makes the pra ac present
alton be received let the oath of office be administered
TO him; and then refer his credentials committee to
be examined and in the time kentucky will have
the full representation to which sheis entitled
sir unless you invalate resignation TO take ef-
feet in the future il is almost impossible to make any
thing out Of this case. Many many designations have
been made in this body take effect at future day.
The former case Of Mr. Gays resignation passed
co without dissenting voice either in the State OF Ken
lucky, in the Senate Chamber and you will find upon
the very credentials presented by the honorable Mr. Mer
wether here the last session. that they proceed the
assumption that Mr.. Clay had undoubed right to re-
sign and his resignation TO take effect N tRTo donot
know what may be made out Of the idea Of filing
cies there being vacancy. Under certain conngen-
cies the Executive has right 10 appoint who is
merely loc Res; and it for the purpose Of carry
ing that cardinal view that every State may be rep
resented until the Legislature shall supply il by the reg
uarlyorganized constitutional authority If the propo
siton can be maintained that any Senator here
resign to take effect ten twenty days hence, something
may be made out Of the objection raised TO these
dentals, There is instance undertake to say-and
say it. without examining further upon the supposition
that the Senate have always acted upon sound principles
Of sense-upon the records of the Senate in
which that proposition has been maintained The regu-
lar course, apprehend, here would be that the gentle
presenting the Pra 1c Of election should be
admitted TO take his oath Of Office. The State will then
be fully represented IT, however there are thought
be solid objections TO his taking his seat let the matter
to committee, which may report upon the facts and
principles connected with the case upon which report
may decide who should occupy the ! consider that
there good deal in the objection presented by the hon
orabe Senator from Tennessee. should like the
honorable gentleman in whose favor this claim is made
present himself here and take the responsibility Of claim
ing seat against the sovereign authority Of the Legsa-
\ ture Of the Commonwealth Of Kentucky.
Sir ii is certainly true that have fallen upon strange
times political COMMISSIONS political earthquakes and all
that We find gentlemen collected here from all points Of
the compass Of every stripe Of principle and hue acting
in loving and harmonious concert That brotherhood
must be gratifying every philanthropst and indeed
have nothing in the world nothing in animated
ture that be assmated in character with it,
less il be Of which have read from report made
nv iptpl and ~