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

Of the Constitution The whole doctrine the whole scope
the whole intention Of the Constitution shows that its fra
mers never intended to allow legislative interregnum
and fact that the Governors Of the States per-
united TO make temporary appointments in the Ian
guage Of the Constitution shows that the trainers Of that
instrument regarded il matter of some Importance
that all the States should be fully in this body
In order therefore to prevent legislative interregnum
they gave the States facilities in every possible shape to
be represented here.
Now, if any Senator desires to change his position and
become Cabinet officer, carrying out this broad object
OF the Constitution he may give notice OF in advance
to the Executive the Legislature Of his State as to
give them time to have successor here on the 4th or
March, prepared to 60 into Executive session There
is reason in all that We may to make lieutenant
general Of Senator we may want TO make foreign am
bassadors OF Senators; may want to make Judges Of
them; we may want to confer upon them all the Offices
which citizen hold unless such offices have been
created the emouments thereof increased during their
Senatorial term, which they are prohibited by the Con-
stituton from holding In all these may be wis
dom to allow the selection and let Senator prospec
lively nix the day for his resignation and notify the
stuted authorities of his State that that day he will
resign that he will no longer hold the office of Sena
tor and thus allow those constituted authorities to have
his ready at the moment he goes out so
give the State full representation The whole system
works well. 1t works admirably under this view of the
Constitution. It is reasonable doctrine and reason
able system The of it is unreasonable The
is falacous doctrine. 1t necessarily produces an
nterregnum in the Senate necessarily leaves por
VI INC Ia WnOie scope OF
Constitutionwhen States not fully represented in
the Senate The doctrine upon which have been act
ing from the foundation of the Government up the pre-
sent time that there should be no interregnum 1t is
the doctrine which all the precedents sustain
will not detain you by referring to the which my
friend Mr. JONES' of Tennessee referred the other
day. to show that these prospective designations obi
gatory upon the Senator who makes them well upon
all the functonaries Of the Government That deci-
ded in the of Jesse Bledsoe from my own State
occurred some forty years ago. He resigned prospec
yaIv He onfaI IN nn rnex La
he could not resume the functions of the office after the
resignation The Senate determined that he could not
that like executed deed his resignation estopped him
from claiming the residue of the term and that has been
] the law of the Senate since
Suppose Mr.. Clay had lived after the first Monday in
September. That will test this question Suppose that
instead of Mr. Dixon presenting himself, Mr. Clay had
lived and come forward and claimed the seat after the
first Monday of September Could he have held it? No,
not If the doctrine in the of Bedsoe be the para
mentary law which you intend to enforce. You would
have said to Mr. Clay You estopped by your deed
you have resigned your Office and although you did
prospectvely in December last it is obligatory you,
and you cannot resume your office" The would be
much stronger if the proper constitutional authority Of
his State had filled prospecvey the place which he had
vacated If it could be said that it not obligatory
because it was prospective that could not be said after
constituted authorities of the State had accepted the
resignation and acted upon it.
Now, sir Kentucky has accepted the resignation Of Mr.
Clay by her properly constituted authortes and after
that acceptance she elected my friend, Mr. Dixon fill
when he presents himself he is by the argument that
the prospective resignation of Mr. Clay eectua
to create vacancy, and that there being vacancy,
his election was void Mark you, If that resignation
made vacancy the vacancy happened during the session
Of the Legislature and nobody but the Legislature as
have shown you from the Constitution could fill it, The
Legislature said there vacancy the decision of the
Senate in the of Jesse Bedsoe said there
cancy and the Legislature, acting upon that decision
undertook to fill that vacancy by eeetng prospectvely
my friend Mr. Dixon. Had they the right to do that?
Gentlemen say that the Legislature had such right
that they could elect only after there actual erm
nation of the incumbents holding office by DEATH by
signaton or by removal
There may be various ways of creating vacancy.
Death creates it asdn there is vacancy from the
time of the last breath That is way There be
judgment of expulsion upon impeachment and trial AS
the judgment is rendered. the official life Of the
officer terminates and there is vacancy from that pc
Rod There may be vacancy by abandonment where
leaves the State which he was elected to
The time of the abandonment may be uncertain, but still
incumbent may vacate the Office by abandonment The
Constitution provides the remedy for filing the Office again.
without regard to the mode Of creating the
cancy The only thing necessary to be ascertaned is
whether vacancy exists; ii is immateral from what
cause The Constitution however, expressly recognises
the right Of the incumbent to resign and il does pro-
hibt prospective resignation a resignation to take
effect future day. The Constitution does not prohibit
resignng portion Of the term and retaining portion
day fixed In these respects the incumbent may his
time But whatever portion Of his term he does re-
sign he has power to recall Mr. Clay having resign
ed prospecvely all Of his after the frs. Mon
day Of September it valid act there being nothing
to prohibit it and hence vacancy created and hap
pened the day of the delivery of his letter Of resgnn
ton to the Legislature Vacancies may be created IA
pre,eaG or in future. may hand my resignation to you
sir, put my hat, and walk out of the Senate That
would be present, instant resignation. Or according
TO the authorities and according reason, may say
will resign month hence and give notice. so that my
place may be filed That is prospective but II is equally
vacancy whether il created by my instantly walking
out Of the chamber whether tell you that intend to
walk month hence and notify the Governor or Gen.
era Assembly Of my State provide for the event The
whole aacy Of the argument the other side is that
they suppose there be vacancy created prospec
lively They suppose that there cannot be vacancy be-
yond given day. which the incumbent fixes, when he
viii retire from and surrender the functions Of the Office
Now II is the fact Of fixing such day. and notifying all
concerned that he will surrender the Office upon It's arr
val that renders the residue Of the term and such
vacancy exists before the day arrives precisely as va
cancy may exist and would have existed in the regular
Senatorial commencing on the 4th Of March next
when my period Of service ends had II already been
filed by the election Of my successor.
Now If a Senator make a vacancy by putting |
period TO his service, and saying, will so
much time to serve and beyond that out Of Office
il is much vacancy If il created by instant
withdrawal from the Senate. Surely lawyers and Sena
tors perceive this Sir II like conveying away m
esate-to illustrate it-reserying a term-reserving If
you please, year, and conveying away the residue.
Suppose held lease Of six years, the term for which
Senator is elected could surrender three years the
granor, and retain three to myself SO Senator elect
ed for six years may surrender the constituent and
elecng body, the Legislature, any portion Of the six
years by resignation When such surrender is made, n
IL n m hat INVITA- han Mr. vaafd