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

tuition prescrbes that the Executive may make tempo
rary appointments until the next meeting OF the Legisla
ture, which shall then fill such vacancies" SO tina
neither the Executive the Legislature authorized
oy the Constitution, it would seem, to fill vacancy
happening during of the Legislature until gf
t1 the vacancy shall happen and therefore, if this
were a vacancy arising during the recess, and one
.nat the Legislature might fill, 1t must be at meet
ing subsequent to the happening of the vacancy But
on the face OF these credentials il appears that the
Legislature Of Kentucky undertook to fill the vacancy
IN advance so that the question is presented upon the
lace OF the credentials; and to inquire whether
the Legislature OF Kentucky has followed the authority
conferred by the Constitution. have felt called upon
20 say inns much In reply to suggestions thrown out by
he honorable Senator from Tennessee and the honorable
senator from New York. who have gone at length into
the discussion of the general question: lest it should be
answerable.
But when did the vacancy in question first occur? Did
~ IA TACT happen on the first Monday of September The
death OF Henry Clay deplored by the whole nation
on the 18th Of June last and that death created
Vacancy which may be regarded covering the whole
uhexpired term of Mr. Clay. Can that vacancy which
nrst occurred be divided and up parts except
lar as the Constitution prescrbes The Executive
MI tha part OF it which before the first meeting
81 tne Legislatures but he divide such portion into
parts! ESQ., is there any thing to prevent his appoint
ing new Senator for each day of the period he autho-
fzed 70 NIL! Has he any other authority than to fill the
without imposing other limitations than those
pfeserioea Dy the charter under which he acts?
III would seem, then, that two difficulties are present.
ed-frst whether this was not one of those vacancies
that must be filled by the Executive and secondly if it
was not vacancy to be filled by the Executive whether
was not one that must be filed by the Legislature sub
seqRe to the time when it happened? And il makes no
difference in my mind whether there is or is not any one
present to claim the The question is whether the
Legislature OF Kentucky, at the time it undertook to
MAKE ths eiecton, possessed that power 1t has already
been decided in one case-the case of Mr. Lanman who
70 hectic unda Exac
tive appontmentthat the Executive has no authority
to make an appointment to fill vacancy prior to the
time such vacancy has actually arisen 1t remains to be
determined whether the Legislature possess such power
story IN his Commentaries upon the Constitution vol 3
page 2O4, adyerts to this subject, and says
There seem to have been three for the
consideration of the Conventoneiher leave the
ces untitled until the meeting of the State Legislature
allow the State Legislatures provide their pleasure
spectvey for their occurrence confde temporary APP
pontment to some select State functionary body"
1t would seem, therefore, that the great question is
whether the Constitution conferred upon the Legislature
authority to fill this vacancy in advance 1t is unlike
the case of eectng Senator to fill term which is to
commence at future day. for in such case the Constitu-
ton does not prescribe the time when the election shall
be had, while 1t does in explicit terms when vacancy
happens during recess of the Legislature
Mr.. BUTLER. Mr.. President, this subject ought to
take one course or the other We ought either discuss
it now as in Committee of the Whole and decide upon
Senate, we ought to refer it to a committee
think the question resolves itself into this what is
vacancy within the contemplation of the Constitution
Mr. Clay agreed to hold his seat for about nine months
after the date of his letter until his resignation became
perfect by the expiration of that time There might
been vacancy during that me as there was one occa-
stoned by his death and then the question was whether
there was vacancy after that time with regard the
residue OF the SIX years for which Mr.. Clay origi
naly elected. And then question occurs upon that
whether it competent for the Legislature before the
expiration of the time to fill the place?
These are questions which necessarily up for de-
cision and confess that the whole subject turns upon
the question of what is vacancy? If tits be discuss
ed by the Senate now willing to 90 into the dis
cussion if it is to be referred must be permitted to
say that should dislike that any gentleman should
NIT himself beforehand by the expression of an opinion
will not commit myself by expressing any opinion upon
the subject.
wish, however, to say word in reference to re-
mark Of the honorable Senator from Tennessee If it
were not perfectly clear that this seat is contested
should be in favor Of the gentleman who brings creden
as from the State of Kentucky taking his seat but it
perfectly apparent that the is to be filed by one
and that the moment it is filed by one, you exclude
other who claims it. The seat cannot be filed by more
than one, and If we admit this claimant exclude
other who claims under different title Under this
Of affairs, think but right boh but justice the
State Of Kentucky, whose constitutional rights to be
affected and to the people OF Kentucky that we should
decide as between these two gentlemen which Of them
shall ill the seat because, If decide that shall fill
1T the other will have to make contest in order to get
his rights considered If Mr. Meriwether fill the seat
Mr. Dixon must contest it. IL Mr. Dixon ell the seat
you force iton Mr. Meriwether contest All the facts
are before the Senate, and think we ought to decide
between them without either apparently contesting the
seat
This is my view of the subject but am free to saw
that is one Of those subjects which might be well
for the Senate to discuss and decide without reference
as 10 refer il to committee / perfectly willing that
it should take that but if does take that course
think we ought to understand it fully. We ought to
and IL
which may be before free to say that have not
any very definite judgment upon the subject tits very
nice question. repeat again, it is question whe
Their it competent for the Legislature prospectivey
70 NIL the yacancy-for regard il vacancy-from
the time which he himself limited for his service until the
expiration of the term for which he elected can
regard that vacancy; and another vacancy occurred
by his death But the whole question turns upon that
pointas 10 the competency Of the Legislature TO
else that function and that sir question upon which
am not prepared from any thing which has yet been
said 70 form satisfactory opinion | would prefer to
hear discussion from other upon that should
like to hear the precedents cited. satisfied, how
ever Of thing that from the precedens which have
been read, Mr. Clays resignation executed deed
had rather different opinion until heard the prece
dents read But think that from the time he sign
ed that paper IT executed deed irrevocable by
him. Ii TO to be So But then the question is
whether the Legislature in anticipation could fill the
cancy before the time arrived which it to occur
and should like to hear gentlemen argue that point be-
fore give opinion.
Mr.. DAWSON would make suggestion to my friend
from South Carolina The question is not who is ent
tied to hold this seat The question of courtesy
towards the State to who shall take the seat for the pre-
sent The precedents all before us, uniform, with
single exception showing the propriety OF this
do not intend to argue the question now do intend
to commit myself to the course shall pursue in re
gard to the final But here credentials presented
by Senator said to be elected by the Legislature Of the
State Of Kentucky They have been read at your table
sir and the question is what force they have be-