Daily Richmond Whig

Kentucky.-We alluded the other day to the nomination of Geo. Robertson by Gov. Metcalfe, as Chief Justice, and to its rejection by the Senate, on the ground that he had not vacated his present station as associate Judge. The ground of the rejection was not accurately defined, as will appear by the protest and resolutions of the Senate on the occasion, and Gov. Metcalfe's response to them. The Governor seems to have been rudely treated by the Senate, but the Commentator comments three precedents precisely in point, from the history of the State, of one person being nominated to higher office than he then held, and some other person in the same message, being nominated as his successor, provided his nomination was ratified.

In 1810, Gov. Scott nominated Judge Boyle as Chief Justice (he was then a judge) and in the same message, James Clarke as his successor; and the proceeding at that time, produced no comment or disapprobation.

From the Kentucky Commentator.

Nomination of Chief Justice and Judge of the Court of Appeals The governor transmitted the following message to the Senate, on the 14th inst.

'GENTLEMEN OF THE SENATE,

"I nominate for your advice and consent George Robertson, now the senior Judge of the Court of Appeals of this Commonwealth, as Chief Justice of said Court. And in the event of his approval, I nominate Richard A. Buckner, Esq. Judge of said Court."'

The Senate took up these nominations, on Friday the 16th, when some debate took place, by Mr. Daviess in opposition to, and Mr. Wickliffe in favor of, the appointment of Judge Robertson to be Chief Justice. After which the vote was taken, and decided in the negative. The vote stood thus:--

AYES. Messrs. Cunningham, Faulkner, Fleming, Garrett, Gibson, J. Green, W. Green, Hickman, McConnell, McMillan, Muldrow, Summers. Taylor, Townsend, White, Wickliffe, Williams, Woods--18.

NAYS. Messrs. Allen, Barrett, Carneal, Cockerill, Daviess, Fulton, Given, Griffin, Hardin, Harris, Hughes, Maupin, Pope, Ray, Rodman, Selby, Wall, Wingate, Wood--19

Mr. Hardin then offered the following preamble and resolution:--

"The Senate views with feelings of deep regret the manner in which the governor has intimated to the Senate that he would recommend for their advice and approval, Richard A. Buckner, as second Judge of the Court of Appeals, provided the Senate would advise and approve of George Robertson as Chief Justice. Such a communication was highly improper, and very unadvisedly done.--Therefore, be it resolved by the Senate, that there is no vacancy in the office of either the second or third Judge of the Court of Appeals."

This resolution having been read, Mr J. Green moved to lay it upon the table; and the question being taken upon that motion, it was decided in the negative, by the casting vote of the Speaker. The vote was thus:--

AYES. Messrs. Cunningham, Faulkner, Fleming, Garrett, Gibson. J Green, W Green, Hickman, McConnell, McMillan, Muldrow, Summers, Taylor, Townsend, White, Wickliffe, Williams, Wood--18.

NAYS. Messrs. Allen, Barrett, Carneal, Cockerill, Daviess, Given, Griffin, Hardin, Harris, Hughes, Maupin, Pope, Ray, Rodman, Selby, Wall, Wingate, Wood--18.

Mr. Fulton, at his request, was excused from voting--

A division of the question being called for, separate votes were taken upon the preamble, and upon the resolution. The preamble was agreed to by the casting vote of the Speaker, upon the same division as upon the question of laying it upon the table; and the resolution was adopted with two dissenting voices--Messrs. Summers and Wickliffe.

On Saturday morning the Governor transmitted the following communication to the Senate:--

GENTLEMEN OF THE SENATE,

I have seen with feelings of "deep regret" and surprise, a Preamble and Resolution which I understand to have been adopted yesterday, by the casting vote of the Lt. Governor, in relation to the nominations which I had made of George Robertson as Chief Justice of this Commonwealth, and, in the event of his approval, of Richard A. Buckner, Esq. as a Judge of said Court. I regret the error in point of fact which it contained in the preamble of the Senate: and upon which their opinion of the propriety of my previous communication appears to have been predicated. And I am surprised at the resolve of the Senate "that there is no vacancy in the office of either second or third Judge of the Court of Appeals;" for I did not suppose the Senate could for a moment imagine that the executive held any other opinion than that which is contained in the resolution--certainly not after the rejection of Mr. Robertson as Chief Justice. I did not nominate Mr. Buckner to the Senate as "second judge" of the Court of Appeals. in the event of Mr. Robertson's approval, as asserted in the Senate's preamble. I knew that I had not the power to do so; and if I had the power I should not have done it. But that matter is settled by the law which gives rank to the associate judges according to the dates of their respective commissions. In calling the attention of the Senate to this subject, I design to afford to that body an opportunity, if they think proper, of contrasting what I did say, in my communication, with what their preamble makes me to say; without making a single suggestion as to any thing further on their parts in relation to myself. Disclaiming any motive in the nominations I made of Messrs. Robertson and Buckner, other than that by which I have been governed in the practice of almost every day in nominating other officers in like manner, and which is certainly not without a precedent of high authority in the executive department of this government; and persuaded that it must afford the Senate sincere pleasure to be convinced of an error on their part, most certainly unintentional, which had been the occasion of such unwarrantable sensibility, I have been induced respectfully to make this communication:

THOMAS METCALFE.