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

clause of the Constitution The act making the annant
under the Constitution in the exercise Of the
constitutional power conferred upon the Executive Mr.
Merwether presented his credentials took his seat and
filed that to the end of the last session az onore
The question, then is whether that appointment az Mr.
eriweher continues the session Of the Le0isla
ture, provided that session is during the term The
Constitution that point is clear and explicit the an
pointment shall be made "un the next meeting az The
Legislature Can the Governor of Kentucky by insert
ing in that appointment restriction limitation change
the period that is prescribed by the Constitution Can
he shorten the period
Sir, apprehend that the credentials of Mr. Meriwe
ther when they presented to this body showed an
appointment to the end of the term unless there inter-
vened session of the Legislature before its expiration
The clause that is therein inserted unt the first Mon
day In September without constitutional authority
and therefore nullity The act Of appointment con-
ferred Office and it continue for the time pre-
scribed by the Constitution The honorable Senator from
Tennessee, Mr JoNEs) who addressed the Senate the
other day. In abiding to Senator by Executive appoint
ment said that he did not hold until the next session of
the Legislature because Senator had been elected for
the term commencing on the 4th Of March next But
that election could make no difference The same result
would follow if there had been no such election The
temporary appontee holds until the next session Of the
Legislature within the term in which existed the
that he fills II is necessarily understood that ii is during
the continuance OF the official term.
Now, sir, it to me- when the credentials of Mr.
Merwether presented this body that eyery Sena
tor in looking at them, under the light of the Consu
ton sees that they constitute appointment until the
next session OF the Legislature, II there be such
session during the term vacancy in which he was APP
pointed to FILL That the language of the Constitution
and that language cannot be altered either by the Cover
nor or by the Legislature The act of the Governor Of
Kentucky act in the performance Of his official
duty and the insertion of any restriction modification
OF the official term would be nugaory If the Presi-
dent of the United States in nominating Judge of the
Supreme Court should introduce into it restriction the
restriction would be void and the appointment being
frmed by the Senate, the Judge thus appointed would
hold the office according to the Constitution of the United
appointment Of Mr. Meriwether and the credentials show
it. The vacancy by death having occurred during the
recess OF the Legislature filed by the Governor of
Kentucky, and being filed he has power to qualify it.
He has power except to make the appointments and
when he makes it extends to the end Of the
the next session of the Legislature during the term
apprehend therefore, that Mr. Meriwetheri entitled
praa facie to the seat The credentials of Mr.. Dixon
which presented, not pma ace credentials enti-
which show, in the view have TAKEN that the Office is
filed.
These the views at which have arrived, after the
consideration which have been able to give to the sub
ject the questions arising out Of it, My opinion has
been formed deliberately, and have therefore undera-
ken deliberately to express it. the subject has been
gone into at some length by various Senator'S Ger
tany there can be disposition in the Senate deprive
either incumbent the side the other, Of the
of either party whatever may be the feelings of the
Legislature of the people Of Kentucky sitting here
Senators of the United States be guided by the
Constitution, and the Constitution, according to the
view have taken of it, does not ente Mr. Dixon to
cupy seat in this body.
Mr.. HALE next obtained the floor who gave way
for the Senate to go into Executive session.