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

sion certanly is that whenever under the Constitution
the United States power is given to any public agent
do constitutional act and the act accordingly done
the Constitution must necessarily prescribe the ehtf
effect Of that act The votou of the agent imposing am
restriction or limitation have influence upon tina
result
AT the last session Of this body admitted to the sea-
the Senator Mr. MERwETHER) who appointed By the
Governor OF Kentucky and he appointed upon the
death OF his predecessor Mr. Clay 70 FIJI the vacancy
which was occasioned by that event That Senator has
been sworn IN and has acted with and according 70
the views of the honorable Senator from Pennsylvania
MIR CooPEn he is the Senator the full extent of the
constitutional appointment then made. What is the full
extent OF that appointment under and by force OF the
sttuton IS one or the questions TO be considered.
There IS still another question Can be two va
cances in one office occupied by incumbent who
but once out Of office Can there be vacancy by DEATH
and then another vacancy created months after by res
nation? Ii there be but vacancy and that va
cancy was occasoned by death il would seem TO follow
that II was filed by the Governor Of Kentucky. II, on
the ether hand there be two successive vacancies
one by death, and still another accrung by resignation
taking effect after DEATH then the latter vacancy could be
filed by the Legislature must acknowledge that the
SUBJECT presents some very grave questions 70 my mnd
especially after the confident opinions which have been
expressed by several Senator'S and questions which ought
TO be deliberately considered by committee Of the Sc
nate, whether by select committee, by the Judiciary
1 Committee, Is not very important.
desire only that the questions may be deliberately
considered by committee, and reported upon And in
the mean time do how without deciding the ques
| ton in advance, admit the gentleman who pre-
sents himself here to-day because in view, the mem
Der who took his at the last session not having
signed there vacancy and there when the
Legislature made the appointment In that view this
gentleman cannot be admitted shall have two Sena
tors here occupying the seat and equally entitled
to act. therefore must say that do not any pos
sble to be pursued by which the Senate
its opinion deliberately be formed and to
constitute precedent that may be followed hereafter
cpt by referring the whole matter TO committee And
rejoice that the position of the question is such that
political consideration be supposed to influence the
decision whatever it may be- there is necessity for
changing the state of parties in the Senate and they
be materially affected by the result have regretted
that there should have been any auson upon question
of this kind incidentally in debate any party
sideratons when the Senate is about TO sit consu
tiona judges upona constitutional question hope, sir
that the proposition of the honorable Senator from Cali
fornia will prevail and that the subject will be referred
TO some committee of this body.
Mr.. BROOKE. Mr. President, it appears to me the
only question that up in this preliminary stage
of the is to the power of the Governor of Ken
lucky to limit his commission to Mr. Meriwether. The
objection made by the Senator from California Mr.
GwIN is that there vacancy that there is already
upon this floor Senator from the State of Kentucky
True, he is not bodily he present to claim continuance
of his functions but there is his commission file On
reference to that commission it will be that its
tent is limited to the first Monday OF September 1857 1t
IS however maintained that the Governor had power
to limit the commissions and in this way the only ques
ton before the Senate up because If he had
and the gentleman who now claims the seat should be
in the prima facie presenedby him. is
contended that the Constitution limits extends the
may be, the appointment by the Executive to the
next session of the Legislature Such sir is not my
reading understanding of this clause. That clause
reads as follows:
And if vacancies happen by resignation otherwise
during the Of the legislature Of any State the Exc
cutye thereof may make temporary appointments until the
meeting Of the Legislature which shall then fill such
vacancies"
Now sir my construction is that the word q until"
which Is the limitation is limitation upon the power Of
the Governor rather upon the time within which he
may exercise the power of appointment and not upon
the term Of the appointment itself If any other con-
struction be given TO it, have been yearly in the habit
of disregardng this constitutional provision Last win
ter the honorable Mr. McRae appointed by the Exc
cuiye of the State Of Mississippi fill the place of the
honorable Jefferson Davis who had resigned. According
this clause Of the Constitution, then, and to the read
ing sought TO be given to it, his appointment only extend
ed the meeting of the Legislature which took place in
January 1852 and should have been Terminated that
time but he admitted his this floor, and
retained it until his (Alr ADAMS who is
before me- came on which was about the middle Of e
month of March.
II There is another instance which might be adduced
show that the Constitution could not have intended that
the Of Senator's under Executive appointment should
always extend to the next meeting Of the Legislature
Suppose that any other member whose term Of
vice expires the 4th of March should resign
the Legislature being in session the Governor could
fill the seat Would his appointment be valid and exist
ing until the next meeting OF the Legislature in January
1854. Certainly not. 1t would extend only until the
4 Of March next contrary the meaning that is sought
to be given to the clause under consideration. BY
slight transposon of words the clause would read thus
" The Executive thereof may until the next meeting Of
the Legislature, make temporary appointments" This
contend is the true meaning and the only that
reconcile seeming conflicts between different parts of the
instrument In this view, before suggested the word
" until" which is n word of limitation, is a limitation
upon the power of the Executive rather of the time
within which he exercise the power Of appointments
and therefore his appointment does not necessarily
nue until the next meeting Of the Legislature but may
be legally terminated by any other means If this be
true, Governor Powell right in limiting the commits
sion Of Mr. Meriwether to the time which elapsed be-
the death Of Mr. Clay and the first Monday Of Sep
ember 1852, the period fixed by Mr.. Clay himself for
the termination of his services Senator The power
Of Senator to resign, the resignation to take effect
future, cannot be doubted Ii has long been the settled
practice both in the National and State Governments
The present Governor of the State Of Mississippi resign
ed his in this body month or six weeks in adj
Of the time when his resignation was take effect
and in the meanwhile he here and participated in its
deliberations. Our present consul at Havana the late
distinguished chief justice of the State Of Mississippi
signed his Office Of chief justice months in advance,
and until the arrival of the period which he had fixed for
the taking effect of that resignation sat upon the bench
and administered justice without question as his
thorty, and while his resignation in the hands Of the
Executive Numberess other instances might be adduced
and il is now too late to raise the question An officer
has the right to limit or shorten his time and the
ordinary appointing power can in advance provide for
filling the expected vacancy just it in anticipation
Of the expiration of term, prescribed by law All
that is requisite is that the period Of termination should
be ascertaned and certain In this instance Mr. Clay
had prescribed the period Of his abors His resignation
was before the Legislature The acts could be
called and the Legislature rghtfuy and in anticipation
dana anl