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

Of discriminating in principle between the two cases;
and you make rules, new laws, TO govern the
Senate, you must admit Mr. Dixon 70 preserve your
consistency
An excellent suggestion has been made to me- If it
be attempted discriminate between the cases. and say
Mr. Clay confirmed his resignation by presenting tho Gre
dentias Of Mr. Crttenden il does not alter the case be-
il still leaves the legislative election to have taken
place before there vacancy Mr. Clay confirming
his resignation the 3st Of March, when he presented
the credentials of his successor could not react In such
way as to give power the Legislature two months
before that time, when they had no power according TO
the argument which is made Of here, 10 make the
election So that you perceive there Is an utter impos
sbty have stated Of getting clear OF the authority
unless you intend to make entirely new rules and then
the hardship Of is that you to make new rule that
10 operate the very State in whose you have
settled the law rightly; and all ask is that you
shall adhere to it and enforce it, The State has acted
according the rule which you have heretofore set it in
every particular; and having acted according to that
rule it has right to say that you should abide by it
that you should administer it the law hereto
fore, and not bring up law, and give it an en- post
aeto operation for the purpose of excluding one OF It's
Senators.
Sir, show you by numerous cases, to which have
already called your attention, that it is not new thing
for members Of the Senate to send their resignation to
the Legislature of their State whilst in session. and fix
prospecyey day when they will retire from office
to enable the Legislature to elect under such resig
nation and to fill the vacancy thus made 1t nothing
Now if it is well settled that this is all right consttu
tonal and proper how Mr. Clays subsequent death,
before the time which he reserved himself expired al
dvest the right of the Legislature to elect success
which right the Legislature derived from his letter
of resignation delivered to them the December before he
died That the Legislature had the right to elect found
ed Mr. Cays letter of resignation, is settled by pre-
ceden after precedent sanctioned time and again by the
Senate This right of the Legislature to elect qualy
suits from the Constitution when connected with the letter
ofresgnaton becauseby the Constitution as showed the
other day, difference is made between prospective
resignation and an actual resignation present. Let gem
tlemen if they cam if they disposed this
arguments let them get up and show if Mr. Dxons election
and the proceedings of the Legislature legal in De-
cenber, how they become illegal and void because
Mr.. Clay died in June following? Does constu-
tional principle depend upon the death the life of
man Who ever heard of position of that Sort that
thing is constitutional if happens TO live, and
very unconstitutional if he happens to die? 1t is pre-
posterous, and the statement enough to show it,
But desire give another refer to the of
the Senator from Georgia, (AIr. CHARLTON. Here
the facts which have taken from the record Mr. Ber
rens full term commenced the Attn of March, 1847.
He resigned and retired from the Senate the 18th of
May, 1852 two three days before the time fixed
for his resignation to take effect After his resignation
and before he retired from the Senate to wit the 18th
of May, lS52--your records show that he actually
manned up to the 2Shen days before the day he retired
and some thirteen fourteen days before his resignation
took effect, the Governor Of Georgia commissioned Mr.
Charlton to supply the vacancy Mr. Charlton appearedon
the IL tn of June 1852 and qualified without any
ofobection and what makes the still more in point
Mr. Charltons commission actually limits the time, in
the of the commission Of Mr. Merwether up which
he is to serve SO that il is precisely in point
and if il altogether illegal for the Governor Of Ken
lucky to limit the time that Mr.. Meriwether to
tnue in Office the Governor of Georgia equally gull
y of bunder by inserting Mr. Charltons commission
the time for which he was to
Mr.. CHARLTON viii my frendfrom Kentucky yield
me the floor
Mr.. UNDERWOOD Certainly.
Mr.. CHARLTON. | have still and listened TO the
without replying but it that it is time for
to say little the subject myself The various OPP
ponens in this well matched that they dis
like to come very to each others weapons and they
heshing them in my body, which is nterposed be-
tween them and although that may be sport to them it
is death 10 me.
Now Mr.. President recollect reading Of an instance
when the celebrated Baron Cuvier went into hall of phi
osophers in France There forty of them and they
told him that they had been passing the morning in di
costing and making perfect description Of animal
which is called the crab. They told him they would like
him to look at it but they thought the analogies all
perfect and that it could be improved They handed
him the description in these words: s'Crab red FISH,
that walks backwards" He said Gentlemen, the
anaogies all very hne indeed The n very po-
lite man j but could make few triAng suggestions
you which probably wsuld add little 10 the force Of
this byou Of description and these are, first the crab
is not red second that the crab not fish and third
the crab does not walk backwards That is precisely the
condition of the analogy between the Georgia and the
Kentucky They do not begin the same because in
case, there alleged usurpaton Of the Executive
prerogative which does not exist in the other they do
progress the same because the Kentucky has not
been confirmed, my appointment has been since the
vacancy and lastly, do not think that they will, in all
probability, end the same.
Mr. President ii is not pleasant for any man, however
distinguished the Office may be- to have this floor
hold it by suerance therefore it is that interfere in
this stage of the debate suppose that my friend from
Kentucky and the other honorable Senators who have
gued this case his side of the question, will readily
cede that he who make the appointment also confirm
it and that though il may be true that though at the
time Of the appointment he had not the right to make it,
nasmuch the time future, yet, after the period
he confirm it, and his confirmation will be good from
that time Take the instance Of infant He make
negotiable note that will bind him but after he comes
Of age if he confirm it, it becomes his from that time
without reference the date of the instrument And
il is with this confirmation.
Though it may be true that the appointment void
the time upon which subject pass opinion, for
do not intend to vote viii subject myself to the
mputaton Of either being inconsistent indicate yet
after the st Of June had arrived there be doubt
that the Governor of Georgia had right appoint to
fill the vacancy. did not present myself here the
Senator from Kentucky has said until the tn Of June
and during that interval not only the commission ne
gativey confirmed by subsequent having been
made and since, by my taking my seat without the Gov
interfering but it has also in various ways been in
cidentaly armatyely confirmed and it be necessary
for take that position, claim simply from the
June Can anybody doubt that the Governor OF Georgia
had the right after the FIRST Of June to confirm that APP
pontment though il be dated the 18th Of May Can
the date Of the deed alter its all? IL il not the
delivery Of the instrument and not the date Of it, TO which
lookl beg the Senators pardon for interrupt
ing him at this stage Of the debate but trust that he
will see that there manifest difference between the
and Drepared to show that il be will have