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

The Governor of Georgia appointed his For
how long did he appoint him Some gentlemen maintain
the Constitution of necessity extend until the
meeting of the General Assembly Ii that is what
amount of confusion, and dseord and difficulty we
meet with How long does the Senator from Georgia Mr.
CHARLTON who appointed in Mr. Berrien's place.
and who holds his seat accepaby to all of here hold
his seat? Does he hold il until the meeting Of the
General Assembly Of Georgia? No. sir, Why: Because
the Legislature Of Georgia, anticipating future vacancy
elected another be Senator from the 4h Of March
So with divers other Senators. Suppose that the
remaining Senator from Kentucky Mr.. UNDERwooD)
should die resign between this and the 4th Of
March, when his expires under the provision the
Constitutions the Legislature of Kentucky have already
elected Senator to represent that State from the 4h Of
March. Now, in such case, would the Governor Of
Kentucky have the power to make appointment until
| the next meeting Of the General Assembly. will any
hazard his reputation by asserting that he would
IT. then Governor cannot do it in case he do it
! in another!
The Constitution makes no distinction between the
powers of the Executive. He simply has the power in
this respect to fill such vacancies during the in
erregnum of the Legislature. He has power say
that his appointment shall extend to the next meeting Of
the General Assembly because the legislative action of
the country has gone before and it has been held
that the legislative is the superior power and is entitled
superior consideration and has priority Of claim
the executive power. The Constitution, which is relied
in this case, and which ought be adhered by ALL
vests the power of choosing Senators-where? In the
Legislatures of the respective States The Legislature has
|
the trainers of glorious Constitution in their wisdom
anticipating the difficulties that grow up, provided
remedy by which all vacancies should be filed during
the interregnum Of the Legsaturefor what purpose
Simply to to the States their just and equal rep
resenation in this branch of the Federal Government 1t
to guaranty to each Of the States Of this Union
der every circumstance that could possibly arise her
just and equal participation in all the benefits flowing from
the exercise of the functions Of this body The Legsla
lures not in perpetual session The trainers of the
Constitution knowing that provided that when vacancies
in the nerregnun, there shall be secondary
recognised by the Constitution that shall fill such
cancies Now if it be that the Legislature is the
chief and primary power and there should be contest
between the legislative and executive power how ought
the question to be settled That is strong point in
my humble judgment be presented in this
The only claim that be asserted here in opposition TO
Mr. Dixon is, that Mr.. Merwether has right to hold
his seat under the executive appointment of the Cover
Of Kentucky think is very clear that the Execu
tive exercised all the Constitution
ferred upon him in this respect when he appointed Mr.
Meriwether to fill vacancy which had been created du-
ring the Of the Legislatures and that vacancy
only from the death of Mr. Clay until the time for which
Mr.. Dixon elected.
But if there be doubts how shall they nure If there
be conflict between the legislative and the executive
power the whole history Of this Senate all It's precedents
from its organization down. without exception far
have been able to discover go prove that the pre-
ponderance is in favor of the legislative power They all
proceed upon the principle that the Legislature is the
great exponent of the sovereignty of the State; and
where there is conflict the priority should be accorded
to the Legislative the executive power Is there any
controversy here? Happily for us, there is not The
Legislature Of Kentucky exercised its power according to
the requirements of the Constitution and in obedience to
the laws Of the State which have before me, in the
election of Mr. Dixon. Under theProyidence Of Heaven
vacancy occurred by the death Of Mr. Clay. The Exc
cutye of Kentucky forward to discharge his duty
| How does he do ii: BY appointing Mr.. David Mer-
weher to be Senator in the Congress Of the United
Statesfor what length of time? 1t is specified in the
commission from its date until the first Monday Of Sep
tember-why? Because the Executive of Kentucky knew
that the Legislature had provided for the representation
here from the first Monday in September and be it said
his honor his intelligence and dsnteresteness, he
confined himself strictly within the limits prescribed by
law He guaranteed and gave 10 Mr.. Meriwether the
right to claim seat here longer than the first
Monday in September Then thereis conflict between
the departments of the government Of Kentucky The
Legislature and the Executive both concur in the opinion
that Mr.. Meriwether cannot hold his seat longer than
the time have mentioned.
And now to inquire-and do il with all snceri
t and with the hope that honorable Senators will take
II into OBSERVATION-DISCLOSURES this Senate upon case
of supposon or upon of doubt, viii inter-
pose its power set aside the concurrent action Of all the
departments Of of the sovereign States Of this Union
IN declaring who shall represent her interest upon this
floor? ask Senators if they prepared take that
step Are you prepared to say here that Kentucky
shall not, with all the forms and sanctions of the Cons
tuition, say into whose hands she win commit her repre-
sentaon in the Senate viii you bring up your doubts
and nterpose Them and deny of the States Of this
Union the exercise of her rights? If you do sir, how
long may ii be before that poisoned chalice may be
dered to your lips How long may it be before the
Senate may nerpose between the departments Of your
State and her Senator's and say that you shall longer
sit this floor Sir regard il a dangerous exper-
iment innovation upon the established usage Of the
Senate from the beginning to the end. If the opinions
and doubts of Senators here shall operate aside the
concurrent action of State in all its departments
know what becomes Of the dignity the sovereign
ty the independence Of the States Of this Union They
become mere instruments, mere toys, in the hands Of
Senators, to according their own caprice. think
it il question in which all of have deep interest in
which the whole country is deeply interested; and
peat again. that IL there wegrounded doubts here
they ought for the present nure the benefit Of the
State Of Kentucky and IT, after investigation il shall be
found that she is not entitled be represented by the
gentleman who brings his credentials here ii will then be
time enough to declare It but till then insist that il is
the privilege Of Mr. Dixon to be admitted his seat,
and that ii is the duty Of the Senate grant him all the
rights and privileges that guaranteed Senator
der the Constitution.
am authorized to say that that honorable gentleman
asks nothing he would ask nothing he is incapable Of
asking any thing except what the broad sanction and
authority Of his State requires him to ask He comes
here sir under the mantle Of Kentucky; he here
bearing her proudest, her highest ensign which he
never permit be dshonored in his hands. For him to
agree postpone her claims for single day. for him to
agree for hour that the voice Of the State Of Ken
lucky shall be still in this Senate Chamber would be to
dshonor the name Of his State That he cannot do and
thank Cod that he will do He asks nothing but
what the constitution or the Government which he
presents guarantees TO him. He asks more he
not he dare not he will not he would not If he could
submit less Then il is nothing strange If protest
against this postponement Of his rights. Grant him his
upon the floor Of the Senate Of the United States
then you desire do So send his credentials, with all
the testimonials which may be brought forward to q