The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1825-03-15

nfssRf Wbt eppoHste " tnt .o't'"p'
member Of the Senate. on the 6it of Febru
AIRY, aud, on the 4th Of March after. took
his seat the period for which he had been
elected having, on the preceding day, eT
pred.
John Williams, of Tennessee, on the
10th of January, 1917, WAS appointed b
Senator in Congress, To take his seat on
the Alb of March, when the term for which
he had been elected wonld expire. Mr..
Williams appeared. was qualified. and took
his seat
! In none Of these cases does il appear that
there was any objection made, or question
raised excepet in 1901, in the case oil
Mr. Tracy, when the vote was / 3 for, and
10 against the right of the Member to take
! his seat. These are the only analogous
cases the committee has been able To find
By reference 10 the statute laws OF Con
neclcut, the committee find that, in that
state, there is law upon this suhi ect, which
is in the following words WheneNt,
any vacancy shall happen in the represen
tation ofthis State of the United States.
by the experation Of the term Of seyoiee o.
Senator, or by resignation, or otherwise,
the General Assembly, if then in session.
shall, by concurrent vote Uf the Senate
aud House of Representatives, proceed I"
fill said vacancy by new election and,
in case such vacancy shall happen in the
recess Of the General Assembly, the Go
vernon shall appoint some person TO ill the
same, until the next meeting of the Gen
eral Assembly"
THE committee consisted of Mr.. Eaton,
OF Tennessee, Mr.. Edwards, of Connect
cut, and Mr.. Tazewell, OF virginia.
The report being read
The question Was taken on the resolu
ton suhmittedlby Van Beuren, on Satur
day, ito permit Mr.. LAnman to he heard
on the subject and il was agreed to.
Mr.. Edwards offered a resolution 10 ad
init Mr.. Lanman To be qualified, and to
take his seat in the Senate, pursuan 10 the
credentials of the Governor.
Mr.. Lanmau then rose, and, in speech
of about AN hour, indicated his right 10 Il
seat under the credentials of the Executive
of Connecticut, which he had received-&
IN reply 10 a gentleman who had opposed
hls right to seat.
Mr. Holmes, of Maine, made few re
marks explanatory of the precedents which
were cited, and TO show why he thought
himself precluded, by the Constitution,
from consen,ag that Mr.. Lanman should
take a seat under credentials he presented
Mr.. Mills adduced several precedents to
show that members had been, on former
occasions, admitted 10 seats in the Sc
nate, under authority similar to that pos
sss,ed now by Mr. Lanman, Il in similar
cases and though he was not perfectly
free from doubt an the question, he
thought those presidents SO weishty that
he was in favor of admitting Mr.. Lanman
10 hia seat
The question was then taken on the re
solution offered by Mr.. Edwards, and it
was decided in the negative, BY yeas and
nays, az follows:
YEAs-Messrs. Bell. Bonding Chase,
Clayton, D'Wolf, Edw ards, Harrison, Hen
bricks, Johnston, Of Louisiana, Kane,
Knight. Lloyd of Mass. M'1lyaine, Mills,
Noble, Rowan, Seymour, Thomas-l8.
NAYs-Messrs Barton, Benton, Berrion,
Branch. Chandler. Dickrrson, Eaton, Find
lay. GaiIlard, Hsyne, Holmes of Maine,
Holmes Of Miss. Jackson, King of Alab
Lloyd, Of Md. Marks, Macon Ruggles
1plIiAii WI i dBt"tlIt jill OOItu, v db
Dyke, WillIams-23.
The Senate, therefore decided tina, Mr..
Lanman was not entitled To a seat.
Several messages lot MI Executive ma
ture) were received from the President Of
the United States, by Mr.. Daniel Bren,
and
After spending some time in the considc
ration II Executive business.
The Senate adjourned.
-e[e-
WAsuiNGTos, March s.-We under
stand that the following nominations,
made by the President on Saturday last,
were yesterday consented 10 by the Sc
nate:
HrNRY CLAY, Of Kentucky. to be Secre
tary of State.
RICHARD RUsu, Of Penns yivania, Secre
fary of the Treasury.
JAMES BARBOUR, ofVirginia. Secretary
If War.
ALEX, II. EvEsErr, Of Massachusetts,
Minister to Spain.
We understand, also, that Mr.. PoIH
sErT ofthe House of Representatives WAS
yesterday nominated by the President
as Minister TO Mexico. Nat. Int.
An important Constitutional question
was yesterday decided in the Senate, by
tue refusal to admit Mr.. LAsMAr to a
Seat in the Senate, under a commission
flom the Governor, granted before the er
rlratlon Of Mr.. LIS late term of service. -
This IS the first time this question has been
"djudicated under such cir. umstances as
to form precedent and we presume it
may now he considered as settled con
struction of the Constitutional provision,
that vacancy must have literally " hap
prned," or come 10 pass, before an appoint
ment can bs made 10 Gil it, The case has
once been questioned & decided differently,
but IT was IN strong party times, all the Fe
derai Members voting for the Members
taking his seat, and all the Democratic