Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-30
MONDAY, DECEMBER 20, 1852.

Genday
MONDAY, DECEMBER 20, 1852
The Senate having under consideration the following
resolution, submitted by Mr.. GwIN:
Resoiced, That the credentials of Archibald Dixon ESQ.,
referred to select committee of FIVE who shall consider
report thereon"
The pending question the amendment of Mr.
JONES, of Tennessee to strike out all after the word
q resolved" and insert
That the Archibald Dixon duly elected by the
Legislature of the State Of Kentucky fill the vacancy
the Senate by the resignation of the Hon. Henry
Clay, and is entitled to a seat therein
Mr. DOUGLAS. Mr. President it was my wish that
this subject should have been referred without debate
appropriate committee of the Senate that we might
have had report upon it before entered upon the
gument of the question Upon the motion refer it was
not my purpose to say anything But the amendment
proposed by the Senator from Tennessee brings up the
merits OF the question: and compels the Senate TO vote
upon the validity of Mr.. Dixons claim to seat in this
body shall not occupy much of the time of the Senate
IN this discussion | simply wish to present the view
which my mind has taken for the purpose Of asceranng
whether the difficulties which conceive to exist
can be removed In order to do that call the
tention of the Senate to the facts of the case.
In lS49 Mr.. Clay elected Senator from the State
Of Kentucky for the full term of six years. commencing
the 4th Of March of that year. On the 18th Decem
ber 1851 he resigned his seat in the Senate take effect
on the first Monday of September, 1852 The Legisla
ture of Kentucky being then in session. elected Mr. Dix
to fill the vacancy which happen on the first
Monday of September thereafter by the resignation Of
LII.
On the 9Th Of July the Governor of Kentucky appointed
Mr. Meriwether to hold the place until Mr. Clay's resg-
nation should take effect and under that commission Mr.
Meriweher took his seat in this body At the time of
the presentation or his credentials inmaed doubts
TO the regularity of the proceeding and opinion with
respect TO the validity Of the election which had previous
ly taken place
have listened to the arguments carefully and atten-
lively with the view of arriving conclusion
this question, but satisfied that the prece
dents which have been cited are decisive OF it. am
convinced that those precedents reach the real point pre-
sened IN this The Senator from Massachusetts,
Mr. DAVIS, IN his argument remarked that there we're
not FIVE Senators in this body who did hold their seats
by the tenure presented in the credentials of Mr. Dixon
presume the meaning of the Senator was that there
not five Senators holding their seats here who
not elected in anticipation of the their
term He certainly did not mean that all here
to fill vacancies
Mr.. President it occurs to me that there has been
confusion Of terms in the citing Of where Senators
were elected for full term in anticipation Of the expra
ton Of the old precedents for vacancies Where
Senatorial term has expired by its own limitation under
the Constitution and absence of representation results
from that cause 1t Is not vacancy within the meaning
Of the Constitution. Vacancies happening in the repre-
sentaton in the Senate during Of the Legislature
may be filled by the Governor of State; but presume
no man contended-certanly not since the Lanman
case-that Governor under the power to fill vacancies,
could make appointment original term Of Office.
Therefore, when speak of vacancies happening in the
constitutional sense must be understood as meaning
where the term has been filed and subsequent
become vacant resignation otherwise That be-
ing So the precedens which have been cited Of the cleo
ton Of Senators in anticipation Of the expiration of
gular constitutional term do not apply to the Of
cances in the constitutional sense.
have doubt Of the right and Of the propriety Of
State Legislature eecting Senator in advance Of the
expiration Of the existing term, with view that there
shall be failure in the representation in the event Of
called session In the absence Of any regulation by
Congress- the right Of the State TO do be
toned for under the Constitution the power to prescribe
the time and mode of electng Senators is vested in the
States, subject to the authority of Congress to modify
and change such regulations Congress has estab-
shed any rule upon the subject and in the absence Of
Congressional action, each State has right to prescribe
its own time in the election Of Senator'S But am in
cned think there is necessity for Congressional in
erposton because State might make election from
partisan considerations two three years in advance Of
the expiration of term do not think such an cleo
ton would be within the spirit Of the Constitution yet
am not prepared to deny the right Of State to elect
in advance according to the letter Of the Consu
uon unless Congress should interpose its authority and
provide that the election should be at the last regular
session OF the Legislature preceding the expiration Of the
term However be that as il may the precedents which
have been cited do not reach this question in this
Inc hrst inquiry presented here is Was there such a
vacancy on the Both Of December 1851 as authorized
the Legislature Of Kentucky elect Mr. Dixon? 1t
true the precedents support the position that Legsa-
ture in anticipation of vacancy which is expected TO
happen ny resignation on given day, may elect Sena-
tor to I'LL such vacancy and that election good il
the resignation natures and becomes operative That
far any of the precedents 60 They reach this
point: mat II the resignation OF Mr. Clay take effect
nine months from its date did mature and vacancy did
in pursuance Of it the day therein designated
the election Of Mr.. Dixon to fill that vacancy would b.
valid That is the extent to which any precedent that
have does 60. am not prepared to say that il
original question, | should decide in the wa
those precedents indicate. The inclination Of my min
is that should have reversed the construction upon tina
point. But, sir, not disposed to argue any point
the which does not directly bear upon it and whc
is not essential in the decision Of the question.
My view is this Although Mr.. Clay had resigned,
take effect the first Monday Of September
occurred pursuance Of that resignation vacancy hal
pened that day No vacancy occurred by virtue Of Il
resignation Of MIR. Clay but vacancy did occur in Il
mean time. When Mr.. Clay resigned il was uncerta
whether his resignation would produce vacancy or no
The Legislature Of Kentucky then elected Mr. Dixon,
anticipation of an event which might happen wht
might never occur. If the resignation had matured NJ
Dixon would according TO the precedents have been
titled TO the seat If the resignation did mature
il vacancy occurred in consequence Of it-can
be said that election made in anticipation Of an eve
which occurred valid There are many caus
which might have operated render that resignation
operative and Intellectual to vacancy the tir
designated in IT, One is the that did actually
death IL Mr.. Clay had removed from the country in
mean time and thus vacated his seat the resienati
would have been superseded and rendered imperative
q prior vacancy resulting from another cause If n
Clay had been appointed to office incompatible with
seat in the Senate, the acceptance of that would ha
vacated his eeat, and created vacancy from that tin
There are great variety Of cases which might bsye
CURED by which the resignation could have been r.