Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-16

bearing the broad seal OF one OF the sovereign States Of
this Union Are not Senator'S that If his creden
tias be respected and he admitted to the seat which he
claims the Senate precuded from any future action
Suppose you admit the Senator TO a upon this floor
that the rights and honor and interest Of Kentucky may
be preserved at least according TO her suggestion
and you refer the question committee hazard
thing If the committee, upon investigation, report adj
versely 70 his claim, their report will before the
Senate where every Senator will and for himself
and the fact that the gentleman may have been permitted
to occupy seat here will preclude the right Of the
Senate to change its action and declare the be
Then hazard nothing for we lose nothing in
this prejudging Of the question.
There said to be doubts concerning this question
There may be doubts Mr. President but must confess
that have not the shadow of doubt resting upon my
mind that the claimant is entitled 10 seat in this body
But il there be doubts in the minds Of some and pre-
there are put the question honorable gentle
men, to whose advantage should those doubts inure
Shall these doubts operate against the formalty the e
gaity and the constitutlonay OF the claim when
is before us Shall these doubts operate against the
rights and the interest Of of the sovereign States Of
this Union Sir the veriest criminal who stands charged
before his country with having broken its laws entitled
to the benefit of all doubts that may arise But here
gentlemen tell there doubts and yet they give not
the benefit the doubts to the State but use them against
it. and deny her the rights and privileges which are con-
coded to the yerest criminal that stands before the bar
Of Justice.
But desire to call the attention of the Senate
port made by most eminent and distinguished committee
of the Senate upon this very question: years ago, in the
same to which have referred the case OF Potter
Robbins - and hope that my Southern state Rights
friends will hear. do not profess, you all know, to
belong the strices sect of that school, but if know
myself think am State Rights man TO the extent that
ought to be. But commend this report TO the con-
sideraton of my friends who extreme that ques
ton, and if they will bear with will read from 1t an
extract
In the performance of this duty the State acts in its high
sovereign capacity and the which would render the
election of void must be such would destroy the
validity Of all laws enacted by the body by which the Senator
chosen Other might exist render the election
uoab and these in the constitution beyond
which the Senate cannot nterpose its authority to disturb
control the sovereign power OF the States vested In her Lee
gatures by the constitution the United States Wemgh
inquire the person elected thirty years of age at the time
of his eecion Had he been nine years citizen Of the
United States Was he, the time of his election, citizen
of the State from Which he shall have been chosen Was the
election he'd at the time and place directed by the laws Of the
Stae These facts capable Of clear demonstration by
proofs and in the absence ofrequste qualifications in either
Of the specified cases. if the existing laws of the State
gang the time and place for holding the election vio-
lated the Senate acting under the power to judge Of the
elections returns and qualifications of its members
might adudge the commission Of the person elected void, al
though in all other respects legal and constitutional
but where the sovereign will OF the state made known
through its Legislature and consummated by its proper Off
ca fnconaries in due FORM it would be dangerous
ton powe look behind the commission for defects in the
component parts of the Legislature into the peculiar
ganzaion OF the body for justify the Senate in
declaring its acts absolutely null and void Such power
carried its legitimate would subject the entire scope
Of State legislation to be overuled by our decision and even
the right ofsuage of individual members of the Legislature
elections might be 1t would
also lead to investigate into the motives of members in
casting their for the purpose of establishing charge of
bribery corruption in particular These matters
committee think properly belong the tribunals of the
State and constitute the which the
could without infringement Of State sovereignty, claim
the right to declare the election Of Senator void who pos
sessed the requisite qualifications and chosen according
| to the forms OF law and the constitution"
That the report Of very able committee years
ago in the of g Potter rs. Robbins.
Buttis urged, Mr.. President that there is
Thprao hut cfiOnc vrhin
selves to my mind, according TO my conception Of this
case which have decide in order to arrive at per-
fecty satisfactory conclusions upon the subject What
they? First has Senator right to resign pros
pectH has Senator right resign, his resignation
take effect future? If he has not then the resignation
of Mr. Clay is void and all the elections which have ia
ken place under it void Butts there Senator here
who will stake his reputation upon the assertion that
Senator cannot resign IN future The whole history Of
this country is repete with instances in which resgna
tons have been made an future Mr.. Clay resigned n
future; Mr.. Buchanan resigned IN future Mr. Berren
resigned future and all these designations
ceived acknowledged and acquesced in by the Senate
But there is stronger than ALL Years ago this
question settled by the Senate and the decision at
that time has been acquiesced in from that day to this
and stands recorded the verdict Of the Senate from
that time viii give the 1t occurred as far back
1915; and this therefore, is question Jesse
Bledsoe of the State Of Kentucky, resigned IN future, to
take effect the oath Of December holding his in
this Capitol at the time When the oath Of December
rived the question whether Mr. Bedsoe could hold
his seat beyond that period not Nobody appeared to
claim his place; there appointment, so far
as the Senate informed But the oath Of Deem
Der arrived and Mr. Bledsoe had his letter Of
resignation to the Governor of the State Of Kentucky the
question whether Mr. Bledsoe could hold his seat
longer? Mr.. Bledsoe called attention TO the fact Of
his resignation in note stating that he had sent his
resignation, TO take effect the oath Of December
What was the result He asked the Senate 10 decide
whether he could hold his longer or not in other
words, whether he could revoke his resignation II he
could not revoke his resignation it perfectly clear that
he hadpower to make it. What was the result!
"Mr. ROBERTS submitted the following notion
Resotced That the facts stated in the letter Of the hon
oabe Jesse Bedsoe addressed the President Of the SEN
ate, do not vacate his seat in the Senate
"A motion made by Mr. KING amend the resolution
/ by striking out therefrom the word not"
| The amendment adopted, and the question the
passage Of the resolution as amended, decided in
the shrmatiye-yeas p, nays 6.
Then we find that from the year 1915 to the present
time the Senate have recognised the power Of Senator
to resign IN futro And they decide more than that,
that from the time he appended his name to his resgna
ton and sent forward the act binding all ntents
and purposes and cannot be revoked If il could not be
revoked the resignation of Mr.. Clay valid and the
Legislature Of Kentucky being in session. had the right
and we're bound under the Constitution f the
ey Suppose Mr. Clay had lived could he have held his
seat one hour after the first Monday in September 1852
VIII any Senator here claim that he could have held his
seat one hour after the term specified in his resignation
had arrived? No one certainly. And if he could not
was not his resignation established to be valid and if
valid had not the Legislature Of Kentucky the right to
FIJI the vacancy the Legislature being in session at the
time?
have referred to various cases. which show the same
fact But II is said there conflict here and that while
gentlemen viii dispute the question as TO whether
Senator resign IN future or not there IS still some
doubts as to whether the Governor had the power to limit