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

encey What did he desire to dot 1t seems 10 me the
most natural thing on earth was that which be did do
Mr.. Clay had been long and favorably and honoraby
known member Of the Senate of the United States Il
the theatre Of his fame the Of his renown and
the place of his affections Here friends sir with
whom he had through long life, weathered the storms
of political contests in years and which had long
before TRANSFERRED and which existed only in memory and
in history Mr. Clay felt that for him the active duties
Of his Senatorial over and that the period Of
his existence well-nigh at end and il was the
most natural thought Of his heart that the should
pre together He felt that he here to die away from
his home away from the wife of his bosom and the chill
dren OF his love- away from the neighbors with whom
in the ordinary transactions Of daily life he had ex
changed the courtesss and the Offices Of friendship He
felt that he about go down to the dark valley Of
the shadow OF death alone without the hand the eye
OF anection about him. and he turns to whom He
to his to his comrades TO his companions
here. He holds his right hand and saws by this
solemn act OF his, about to 90 down to the valley
Of the shadow Of death; but want to
hold on TO my with the Senate until that day
arrives want to go into that valley fresh from the re-
collections and associations Of my Senatorial life and
want even in the hour Of dissolution to feel that if
family are not about me- my brethren are NV desire il
that may die an American Senator the very character
IN which have achieved my fame, and done duty to
my. country" 80
twas therefore that Mr. Clay, acting upon this idea
and having this DESIRE fixed the period when
ton was to take effect far in the FUTURE that SO far a.
human sagacty could forese he would be no longer "a
land Of the living Sir, it most beautiful and most
touching trait in the character Of Mr. Clay that he esrsd
thus TO hold on to his connexon with the Senate to the
very moment when he died and it seems to me that ~
the Senate reject the proered token Of his affection and
his esteem, which he thus rendered to them by saving
that the act was null and void it would be poor and
cold return for the affection which he rendered To them az
he stepped away from this theatre of his labors 40,
Now, that the intention of Mr. CLAW The bonora
BILE Senator from Connecticut says doubt not that the
incumbent himself acted upon that idea doubt not
that when he transmitted that resignation before the ar
Qhnro ~ that ha
ef may say, the fundamental belief that his life
would continue to that period requiring that act in order
to vacate the Office
read it just exactly the other way take it to be
settled as far any proposition can be settled upon
sonable probabilities that Mr. Clay thought that when the
first Monday in September should arrive he would not be
in the land of the living. saw Mr. Clay few times
during his last sickness and happened to be in
In the month OF December Hewas speaking Of his health
and he remarked that physician had endeayored to
fatter him that his complaint was not pulmonary one
that his lungs were not permanently affected and that in
the warm weather Of spring he would recruit But said
me- with good deal Of feeling what right have to
pect to live? am an old man. have already lived
longer than the ordinary period Of human life Proyi-
dence has been remarkably kind me in proongng nv
NE thus Tar and what right have to expect to be
empt from the lot which all old men must suffer :"
No, sir; believe Mr. Clay expected beyond the pos
slbity OF mistake that when the first Monday in Sep
tember should arrive he would be longer in the land
of the living WE'LL what did he do He saws that he
resigns But the Senator from Connecticut says that he
resigned with condition. and that the condition was one
which he had no right to fix and thatt being fixed upon
the idea OF his living to that time, and he living
that time the condition was imperative for he had
right to NIX It. Suppose for the sake Of argument he had
no right to fix it. to make any limitation at ALL What
then! You have an unqualified resignation The Sena-
tor from Connecticut the force of that because
he says when speaking of the commission of Mr. Mer-
wether that the clause which limits the Of Mr. Me-
rwether to the first Monday Of September was inserted
by the Governor without constitutional authority and
therefore 1T is nuty. Well then if the condition Of
the commission is nulty and the commission rood
why is not the condition in Mr. Claws resignation
nuity, and the resignation good immediately? I'm
questonaby 1t is good If the Senator is correct in the
construction which he puts upon Mr. Meriwehers COM
MISSION that the Governors fixing condition which he
had right to fix made the condition nuity while the
commission remained good then the condition which Mr.
Clay undertook to fix is nulity and the resignation is
resignation an present., and not utro. This understand
70 be the principle of common law that il man makes
deed which he has undoubted right to make and does II
IN clear and explicit terms that there can be no mistake
about it. and then undertakes fix condition inconsistent
with the grant that condition does nuly deed or
grant, but the condition is null while the deed or grant is
good; and so is the reservation That is AN eetbsbe
principle Of law Suppose Mr. Clay had made
to TINS effect suppose he had said the Legislature Of
hentucky hereby resign the Office of Senator resery
ing to myself of all the privileges and mmunities of
senator the Thanking privilege Would the reservation
nuy the resignation, would the reservation be null
MY ana the resignation good If there is any thing like
you construe the that Mr. Clay had no right to x
condition, then it resignation IN presenG occur
ring while the Legislature in session and they hay
ing seen fit to elect Mr. Dixon he is beyond controversy
entitled to a seat in the Senate
But it may be said that the Legislature did not elect
Mr. Dixon with view to have his term commence IN pre-
sent but IN fauro Had they not perfect right to do
that suppose Mr. Clay had fixed no condition but had
resigned from that moment and the Legislature Of Ken
lucky mad said Mr. Clay is about to close long and
honored he has resigned his Office as Senator of
the United States but he is at Washington he ia sick
he will not live long, at all events the first Monday of
September will ind him in his grave; and consequently
the Legislature refrain from filling up the vacancy until
such time that they have in all probability sup
pose he will be longer in the land Of the living Could
they not do thatP Could they not elect Mr.. Di on
whose term should commence the first Monday of Sep
tember, notwithstanding it resignation IN presen
There is nothing in the constitution TO limit them in that
respect nor any thing in the constitution qualify their
power The Legislature were not bound elect Mt all
and being not bound to elect unless they chose they might
elect to have the service Of the person elected
on the first Monday in September at any other time
Now, with all my respect for the honorable Senator
from connecticut for his great learning and legal aoumen
beg leave to suggest-and think shall have the as
sent Of the honorable Senator from Wisconsin, mr.
WLKER-that he is mistaken in his reading of the con-
stuton where 1t speaks Of the power Of the Governor
to appoint when there is vacancy He construes the
constitution to that the Governor shall appoint and
the appointment shall rum il the term runs SO long until
the next meeting Of the Legislature.
beg leave to say that is not the reading Of the const
tuition That has never been the practical construction
put upon the constitution by this body in any solitary
instance. The word "until' does not qualify the APP
poinment but the power Of the Governor make the
appointment The Governor may make appointments
until the next meeting Of the Legislature to f any va
cancy That is the power Of the Governor make APP
poinments to NIL vacancies occurring during the
Of the Legislature is full and complete win read it, sir
ArIt 49,. -