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

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in advocating the true rights Of the States What Is
right of State them as connected with representation
this body. 1t right derived from the constitution
of the United States to be represented in this body
pursuance of the constitution. 1t is not right To b.
represented Kentucky peases or as any other Stat
pleases but it is right to be represented as the const
tuition provides She has right any other represen
aton mode Of appointment than that authorized
prescribed by the constitution. To allow her or to com
pei her TO be represented here in any other mode thar
that pointed out IN the constitution is violation of al
State rights and of State sovereignty too. The question
here is what is the mode of TO which Ken
lucky is entitled in this case? Why sir the consttu
ton provides that in the election of Senators generally
shall be done by the Legislature of each State il
ydes by implication that in of vacancies which
during the session Of the Legislature the
shall elect but it also provides that If the vacancy oc
during the of the Legislature the Legislature
shall not elect in the first instance but that the Governor
shall appoint and that the appointment shall continue
until the next meeting of the Legislature and that the
Legislature shall then elect.
Mr.. President, | have concluded what have to
say upon this question have deemed it due the
casion to state the which will control my VOTE
unless it can be shown that in error have spoken
with degree Of confidence in the correctness Of the
positions have assumed, yet with profound Difference
Tor the opinions Of other Senator's have no pride of
opinion which will make me cling to or falacy
after my judgment shall be convinced NV vote will be
given according to my convictions when the argument
shall close.
Mr.. CASS. Mr.. President this discussion, like most
of the discussions in which find ourselves engaged has
taken wide range and has been made to embrace
topics which seem to entirely foreign the real ques
ton before That question think lies within mar
row compass. shall present my own view of it yery
briefly and rather to justify the vote intend to give
than with any expectation of influencing the judgment
others. ~
And, sir, preliminary to my main object. allow me to
say that for myself dsclaim the remotest intention to
show dsrespec to the Governor or Legislature OF Ken
lucky by any remarks or vote of NINE I should think
myself very badly employed in any such effort have
doubt whatever but that the authorities of that
State did precisely what they considered it their duty to
do, nor is 1T my province to review their acts receive
them executed and call in question of the facts
established by the documents beforeus The resignation
and the death of Mr. Clay the appointment by the Gov
ernor and the election by the Legislature fully
ceded by all who have spoken And therefore the attempt
to compare this with the New Jersey case or with
contested election in which the truth validity of the
return is arragned is wholly to mislpprehend the true
point before u.s. That points not as who elected
but as to the existence Of Vacancy which such election
was designed to fill. And this is the body which must
settle that question before the person presenting himself
can take his seat 1t is power we cannot transfer as
we are by the constitution the final judges Of who
entitled to seats in this chamber And in this general
power is included the duty of deciding upon the tenure of
ohcewhen the term of Senator and that
of another terminates. Independent of the plain nunc
uons OF the constitution it evident that such right is
essential to uniformity of action without it might
have as many decisions there authorities egsla
tive or executive to make them therefore put of
view the limitation of the Senatorial term made by the
Governor OF Kentucky and all the remarks which it
has given rise take for granted that the Governor
made :" a temporary appointment to fill Mr.. Clay's
but the duration Of that vacancy and of that
appointment IS question for us and from which we
cannot escape
Mr. President, wish it were in my power to vote for
the admission of Mr. Dixon. had much rather do it
than vote against him. 1t is with reluctance that feel
myself compelled to make decision which will prevent
n fn1 nv fha Tao;o 80
State from taking seat in this body But may be al
lowed to say that Mr.. Meriwether for whom have a
warm personal and political regard has conducted him
SELF with great decacy and proprety during the discus
SION OF this case by absentng himself from the Senate
and by preferring claim to seat in it. do not call
question the validity of the legislative proceedings at
he time they occurred but consider them rendered in
operative by the sad event which created unexpected
vacancy inconsistent with the action previously had.
How then, stands this case sirs The third clause of
The first article Of the constitution provides for the
position Of the Senate by fixing the term Of service and
the mode of selecting the Senators and tenn
porary 1t declares that m vacancies happen by resgna
ton otherwise, during the of the Legislature Of
State the executive thereof may make temporary APP
which shall then fill such vacancies" The regular
Of the Senator's for six years. and the vacancies
herein provided the unexpred portion terms
which to be filled by the Legislature when it can
act and when cannot to be occupied by temporary
Erecutire appointments If, therefore, Senator resign
his seat is otherwise vacated except by the expiration
of his term, the vacancy is for his original period of
service to be temporarily appointed to by the Governor
or " filled by the Legislature
We come now to the question when did a vacancy oc-
in the Senatorial term of Mr. Clayg All agree that
could be created by his resignation until the advent
of the first Monday of September and person here de-
mics that one happened" the moment of his death On
the 10Th day of Junethe day of that national msfor
tunea vacancy happened by resignation otherwise"
and it being during the of the Legislature Of the
State of Kentucky the Executive thereof was called upon
to make temporary appointment And for what time?
" Till the next meeting of the Legislature whose duty
1t would then have BEEN the words of the Constitution
to " fill such vacancy"
Now, sir all this is very clear has just been ably
shown by the Senator from Illinois, (Mr. DOUGLAS y and
as before remarked, give to the certificate Of the
Governor Of Kentucky its full constitutional effect when
concede that there vacancy during the of
the Legislature, and that he rightfully appointed Mr.
Meriwether TO fill it, But when he undertakes to fix
limit to the tenure Of the appointment and fixes one
we think, different from the Constitution it is duty
while we recognise the appointment to look to the Con-
suon and not to the certificate for the period Of
vice do not see why the Governor has not the
right to determine any other Of the incidents Of the Office
Its compensation, for instanceas its duration His
nexion with the subject when he has made the ap
pointment and granted the certificate.
Now, sir in what is it contended that this clear
constitutional provision rendered imperative in the case
before u.s. Mr. Clay rendered to the Legislature Of Ken
lucky during its session the previous December letter
OF resignation to become such the first Monday Of the
succeeding September, and thereupon the Legislature
elected successor to f the vacancy the arrival of
that day. And what was the nature and constitutional
effect OF these proceedings 1t is necessary for any
purpose have in view TO call in question the right of
the Legislature to make prospective election of Sena-
tor Certainly so far as regards term, where
thing can defeat its occurrence the practice is too well
established, too necessary indeed deny its validity
With respect to accidental Uacdncies the Constitution by
strict construction would seem to require their