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

suppose ne resigns again, his resignation to take effec
az the end OF four years. and the Legislature fills that va
cancy and ne again resigns heresgnaon to take eeo
at the end Of three years aud again for two years ane
again ior one year. the Legislature undertaking to I'll
each II the hypothesis presented the other side b,
true there is escape from the conclusion that thers
FIVE vacancies made by the incumbent during tbs
session Of the Legislature and therefore Six Sena
tors to fill the for the period of sir
that provision Of the Constitution of the United States
which requires that Senator shall be elected for 81
is resolved by construction into provision for the
appointment Of indefinite number of Senators for an
I annual, semi annual briefer term.
Again. suppose that at the close Of Administration
after civil revolution has been accomplished the Judges
Of the Supreme Court should resign their designations
take effect at different periodsone year three years. or
any number of the President who about
to go out Of office, with Senate corresponding in pot
cal views proceed to fill those offices, and install with
degree Of permanency unknown in any other department
the principles OF the Administration about to go out by
the verdict of popular opinion And yet if it be that
if officer resigns with reservation to take effect five
years hence Senator might do it present vacancy
to be filed the President of the United States would
have the power to do this Thus the Office would be
filled, and there would be mode in this of
rectng the evil unless the ultimate and last remedy
could be applied which undoubtedly would not be applied
Or suppose that foreign ministers should resign
their resignation to take effect the LIST of April Of
June next could the present Executive send into this
body nominations of foreign ministers for confrma-
ton to fill those supposed vacancies, because the ncum
bents determined to resign at that time, and de-
cared it present resignation to take effect at that
time? Why, it is not present resignatoniti is
radicton in terms to speak Of it SUCH present
sgnaton to take effect at future day, is future
resignation.
/ apprehend that there is difficulty in the prece-
which have been adverted to in regard the sub
ject of future designations The remark which made
few moments ago to the continuing of the incum-
bent in office, and the appointing power in the
hands, all Of them from any difficulty whatever,
it be the last one which was referred to by the
honorable Senator from Kentucky-tha resignation of
4
sion Of the Legislature continued to the time when that
vacancy actually happened, it would fall within the
tegory which have already stated. If not, can only
that was so near the adjournment of the Legsa
ture that the subject not presented to the Senate
No discussion had in regard to it, No consideration
given any question then arising and passed sub
seno and ought not to have the weight Of precedent
or to exercise any control the pending question
But how is possible that resignation to take effect
at future day should have present operation and also
future operation? Gentlemen the other side of the
question seem to think that resignation to take effect
at future day produces present metaphysical vacancy,
and that at the future day at which it takes effect it
produces another and actual vacancy Now there
| be to act double operation of that kind Can
there be two such results from the resignation
And when the resignation is to take effect at future
day, it take effect before that day to any intent
purpose whatsoever is mpossble in the first place.
because the resignation is contingent according to the
view which have already presented upon the continu
ing life of the incumbent 1t is inchoate act-a
ngent act it is resignation which cannot operate to
4
when it does operate to vacate the office In the next
place, it is impossible provided the will Of the incumbent
is the rule because it is his will that its operation shall
be postponed is resignation to take effect at
tain future day, and not before. How new and
distinct operation, in fact be given to it before the in
strument is to take effect?
1t to that in reason, and under the princi
Piles of constitutional law applicable to this subject it is
impossible that the one single of resignation have
any such twofod effect 1t amounts to nothing but
cetha is provided the incumbent cannot recall it,
which is question that has been passed upon by
the Senate No such question has been presented
The of Mr. Bedsoe Of Kentucky has been referred
to concluding that point; but what that case? 1t
simply this Mr.. Bledsoe, prior to the Oath of De-
cember 1S14-probably short time preceding that day
had transmitted the proper authority resignation to
take effect the oath of December After that day had
passed. and after public and private information had
municated the fact that the Legislature, which in
session. had filed the vacancy Mr. Bedsoe in the month
of January by written communication presented the
subject to the Senate to decide whether he still in
Office. The Senate decided that he not in Office, and
it is very difficult how they could have arrived
any other conclusion. The time when the resignation
to take effect had passed. the party had attempted
recall it, the Legislature had acted by filing the
cy and the only question, far discover
whether the seat be vacated by him before he had
official notice that his resignation had been accepted
the vacancy had been filed On that point am not able
to how there beany diversity of opinion and that
case is analogous to many other which have been
Cited
Again, sir can incumbent if he does resign and
vacate
is to be made Suppose Mr. Clay had lived to the
first Monday Of September If there had been previous
notice given, the Governor must have filled that vacancy
Now incumbent by eecng to give notice to the
Legislature at its previous session. change the appointing
power and take away from the Governor the power
ferred upon him by the Constitution The clause in the
Constitution is, II vacancies happen by resignation
otherwise during the Of the Legislature Of any
State, the Executive thereof may make temporary APP
pointmens until the next meeting Of the Legislature"
1t very obvious that If this resignation was take eff
feet the first Monday of September if the Office was
then be vacated it would at that time be filed by the
Executive of the State unless the incumbent by giving
previous notice could change the appointing power He
not bound to give any such notice. He could have
resigned during the Of the Legislature He
willing resign the Office until the first Monday in
September, and at that time upon resgnng the Office
4 the vacancy occurred.
Could he change the appointing power? The Consti-
tuition says that when vacancy happens during the
Of the Legislature the Governor may appoint until
the next meeting Of the Legislature" Can that constitu
tonal provision be altered changed or modified by the
incumbent by his giving previous notice that he resigns
to take effect at particular day in hauroF Can the
Legislature Of the State by any law take that power from
the Governor? Can Congress- by any law, modify or
change that constitutional power Of the Executive OF the
State provided the vacancy happens during the Of
the Legislature? Sir there is power in this country
short Of an amendment Of the Constitution that can take
away from the Executive that constitutional power. No
notice by the incumben-no action by the State, unless
by the assembling of the Legisature-no action of this
Government take away that constitutional power from
the State Executive lie may exercise the power that
is its exercise is discretionary with him. There may be
Of State why he should not exercise it, and If he
do not exercise it acting within the discretion which
the Constitution has conferred upon him but il he does
exercise that power provided the vacancy then occurs
the appointment is constitutional appointment and one