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

Connecticut, (Mr ToUcEY) and which was assailed b,
i the honorable Senator from New Hampshire (Mr. Hale
as thought very unfairly Death certainly dissolves all
connection with Office but the question is not as the
Senator from New Hampshire or rather mis-
represented Internationally dead
man can resign but whether the acts Of dead man,
made when living fleet any of the attributes of the
office he held agree with the Senator from Connecti-
| cut that they cannot.
have nothing to say concerning the question which
has been raised here Of the power of Mr. Clay to with
ms resignation after he offered 1t and before his
death, because that question is not in my way Whether
revocabe or reyocabe it does not bear upon the con-
clusion at which arrive.
repeat the act of Mr.. Clay was inchoate producing
no vacancy and the act of the Legislature equally
nchoae, filling none unless rendered perfect by the oc
OF the fact upon which their operation depended
now sir, did any g vacancy happen" take place,
occur on the first Monday of September? Certainly
Tor the seat Of Mr. Clay became vacant in June prece
ng and no previous act of his could have any effect in
terminating the vacancy in creating another at the time
INDICATED, for he then dead and al his connection
with the ONCE or control il had ceased. As it
on the ols day Of August, it the first Monday
OF September There nothing for the resignation to
operate on for the office had departed from him.
rather ne from the Office He said to the Legislature of
kentucky hold this Office till the first Monday of Sep
TENDER; then relnqush it, But before that time the
act Of God supersede this and the
Legislative proceedings to which it led An illustration
may confirm what it appears to me nothing render
clearer
death OF Mr. Clay, can any doubt their right to fill
the ofce with its constitutional tenure for the residue of
his term of service If they could not then Mr. Clay
created two by his DEATH and another by
his resignationboth Of which required the action of
the Legisature-an anomaly utterly unknown to our
Constitution
The view have taken reconces the proceedings of the
Legislature Of Kentucky with the plain provisions Of the
Constitution respecting the happening of vacancy" in
its recess by considering the proceedings nchoae and
incomplete though regular but deprived of any validity
by subsequent occurrence which prevented the resgna
ton from taking effect.
The discussion was further continued by Messrs RUSK
MASON, BUTLER, UNDERWOOD, and others, whose
remarks omitted for want of room
The question then taken upon the amendment of
Mr.. JONES, of Tennessee, and resulted as follows:
YEAS-Messrs Adams, Atchison, Badger, Bell, Brooke
Butler Chase Clarke Cooper Davis Dawson Dodge of Iowa.
Fish, Geyer Hale, Jones Of Tennessee, Miller, Norton
Pearce Rusk Seward Smith, Spruance Sumner Underwood
Upham, and Wade-27
NAYSMessrs. Bayard, Borland, Bradbury Bright, Glass;
Cahcart De Saussure, Dodge of Wisconsin, Douglas Downs
Fech, Gwin, Mason, Norris, Toucey, and Weller-16.
So the amendment was agreed to- and the resolution,
as amended, was adopted.
The PRESIDENT then administered to Mr. DIXON the
oath prescribed by law and he took his in the Senate