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

cancy Tor which the Legislature elected Mr. Dixon And
why Because the fact is against him, for he
appointed to it either by the Governor the Legislature
But is said that the Governor has right during the
recess OF the Legislature to make temporary appoint
ments and that the meaning of the Constitution is that
the temporary appontee is to hold over until the next
meeting Of the legislature and that the Governor having
appointed Mr. Merwether during Of the Legs
ature his appointments TO continue until the next meet
ing OF the Legislature That is the position which some
gentlemen take in constituting the Constitution. The Sc
nate viii perceive that the appointment of the Governor
was made to fill what he understood TO be a limited
cancy until the first Monday Of September That was
the appointment; that is the credentials that is the
mission But say gentlemen he had no right fix such
Limitation, and is void and therefore Mr. Meriwether
holds over until the next meeting of the Legislature, al
though the Governor who had right to appoint did not
intend to make any such appointment With all due
Difference, must say that such construction would
operate like fraud, and would by court of equity be
declared legal fraud. And why Because the party
gets, contrary to his deed and by SURPRISE
than the appointing power intended give him. and
than he intended originally to accept. Let me put an
analogous case: Suppose that there is vested in
ecaor the naked power to convey in fee simple
and he sits down and makes conveyance person for
life the person pays the consideration and accepts that
conveyance; the grantee round and say to the
executor, " You had authority to make a conveyance
for life you were only empowered to convey in fee, and
therefore take the whole estate r. Certainly Either
the conveyance is void and the grantee obtains tte
or he is bound by it he cannot take advantage of the
limitation His acceptance estops him, and he is bound
by it. So it is with regard to this The Governor
having appointed to fill limited Vacancy to extend it
through the term would be fraud upon the people af-
fected by the choice Of the representative If there
thing void about it, that must fall upon the person who
| accepted the limited appointment.
III not, however, necessary to go to that There
vacancy from the death of Mr. Clay the first Monday
of Sepember--a vacancy, in fact which known and
acknowledged Now, under the constitution the Cover
nor has right to fill any vacancy happening during the
recess Of the Legislature 1t is not necessary that that
vacancy should exist until the meeting of the Legs
ature Whatever may be the vacancy that exists during
the recess of the Legislature be it short long, the Go
vernon has the right to fill and there abundant
happening where the vacancy filled by the Governor does
not extend until the next meeting of the Legislature but
terminates the ensuing fourth of March. There
now gentlemen holding seats this floor who have been
appointed in that way Therefore when Governor fills
Vacancy he must fill it merely for the time of its
stence and no longer except that his appointment can
not extend beyond the next meeting Of the Legislature
The constitution broad terms: If vacancies hap
pen, by resignation otherwise''-any vacancy,
matter how it may happen whether it be short long,
the Governor may fill and it is not necessary that it
should be vacancy extending till the next meeting OF
the Legislature in order to authorize him to fillit
Then the whole question back to this-gentle
men have to meet that in the endwhether, at the time
the Legislature of Kentucky elected Mr.. Dixon, there
was known and declared vacancy existing which they
had right to fill At the time the Legislature elected
there known and declared vacancy? If there was
and they filed it, subsequent event could take away
the power of the Legislature to fill it, and deprive the
man who was appointed to the Office. The death of Mr.
question: Whether the appointing power may make an
appointment to office which is to be enjoyed in the fu
ture Well, sir, is not that every day transaction
man be appointed to Office to- day which lie is
not to enjoy come in possession of until next year. Is
there any thing in the constitution to prevent that?
Why, 1t is done every day and what did the Legs
ature Of Kentucky dol They appointed Mr. Dixon last
year to take possession Of and enjoy office to
mence the first Monday of September This being the
first meeting of Congress since the first Monday of Sep
tember he comes here within the time after the term
thus commences and presents his credentials and gen.
temen say, because the appointment made before
the first Monday in Sepemberfor if it had been made
afterwards they could object to 1.-THE shall not enjoy
the Office say it brings up the simple question, wheth-
er man can be appointed to Office which he is to
JOY at future day. All our appointments made in
that way and is of the great fundamental prnci
pies which form the proceedings and practice Of the Gov
eminent that should be appointed before the
cancy happens. But gentlemen say death may happen
and does And death happens sometimes period
not contemplated by the trainers of the constitution and
throws Congress and all the Departments of
the Government into confusion; but that the appointing
power has right to anticipate vacancy there
doubt Then it is said that Mr. Clay could resign in
advance, to take effect at future day That brings up
the simple question, whether, If to-day make up my
mind to resign Unjust walk out Of the Senate and make
vacancy before the Legislature act whether
not say TO my Legislature in advance that intend to go
out at three months six months hence and actually
resign my Office to terminate at that time? Can do
this must wait until the time arrives and then walk
out of the Senate and leave vacancy here which
can fill for several days?
The Constitution and laws of our country are much
like nature. They abhor vacuum in representation.
The grand idea running throughout the Constitution and
the practice of the Government under it. is to keep up
full representation Of the States And sir, ii is the
great privilege of the States and the people to be repre-
sented here at all times-at the Of your
Congress, at the very first motion that is made at the
very first law that is passed. is their right to be
presented here That the great contest in the New
Jersey We insisted that New Jersey had the right
at the opening of that Congress and at the election of the
kept in the lobby waiting until the Speaker and commit
should be arranged to fit the That the great
principle which has established that fundamental rule
guating parliaments that when presents himself
with the legal certificate right upon its face he is
tied to his seat and it is the right Of the power that
sent him its representative therefore say said
in the commencement that the great which have
committed here was in not admitting Mr. Dixon at once
to his seat But the question is upon the other
matters which before us for consideration have no
doubt at all that resignation of Office upon general
there is something in the Constitution
forbidding -may be made to-day to give up portion
Of mans TERM that portion to commence at future
day There nothing in the Constitution to prevent il
there is nothing in the Constitution saying that man
resign, or that he may not resign to take effect at
future day; and nothing in tho principles or the
practice of the Government to prevent such resigna
ton evil TO result from it, 1t has been long the
established practice Of the country and Of Congress
permit such designations.
The Senator from Connecticut has raised point which
he calls / do not consider it. He takes
the ground that the death Of Mr. Clay made his resgna
ton void. The death of Mr. Clay could have effect
upon that resignation il good at thu time when he
made it. If he had right to resign his Office in advance
to take effect at future day. no act OF his no other act
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