Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-04-19

Parliament, whose only glory was TO register
the mandates OF the ovsreign
The Commentator on Jusiininn who has
been alluded to, asa jarisi ia terms ofhigh
eommendation, In the range nj this debate. Nj.
Copper after animadserting upon the remoy.
ing power formerly exercised by the Gov.
ernor tof Peun.) SAYS, The analogy between the
the rights Of the Governor and thoss Of the
President IN this respect viii hold. " consider
ing that under the constitution OF the gniled
States the exercise of the right ei removal Is
subject TO the Formidable check OF the Senate
concurrence in the successor OF the President
u difference so important as To destroy the force
OF all reasoning from The one 10 the other. A
power IN every instance conttnlcd in rs ere Z
else by the Senate cannot be compared with a
power In every instance uncontrolled, aud
exercised a the caprice OF the Governor. for
the time bring, heated by recent opposition.
and goaded 10y fevange, may dictate The
distinction lies hore-every vacancy existing
in the recess is MOI vacancy happening Within
the true construction Of the second Article.
The appointments 10 supply such Vaceacies
must be made " by granting commisstons,
which shall expire ut the end OF the mex srs-
son Il after the expiration ol that session.
The commissions grant Il during the ast re-
ces, expire. co HstGHui. with the termination nf
the present session aud II the Offices are not
uiled by the concurrence of the Senate vaGsn-
eies will east nj the moment we adjourn. not
IN the reeess.-iar thu can with no more pro
p,iety be said 10 l,e recess, than sesslon--and
ihuse vacancies will no, exist by reason OF any
ea'uaty n happening no. provided tor, bul ty
The expressed will nf u cn.Ofdinaie brsnch ~
The appolnting power. II has never bGep pro-
tended that The President alone could I'LL ny
one III these temporary appointments vaoan.
cy happening during the session la the eelo.
brated report of the couimliiee on military
affairs, made here on the Goth Of April, 1922.
which as | have already stated, mei with ia
SANCTION OF the Srnato in the rejection III the
military app bnlnens, II ~ urged that " the
word happeH relates To some casualty not pro
vIded CO.. by law 1.-THE oenate be IA session
when Offices are created by law which were
not before filed. aud nominations he not made
by the President. lac cannot appoint after the
adjournment THE Senate, nnleaH specially
authorised by law, such vacancy mol happen
ing during the recess" The Same contraction
was evidently adopted by Congress. and by the
President himself, when Ia the acl Of the 22d
July, 1913, they thought II necessary TO IN
sert an express provision gl The second section.
to confer upon the President the power %
appoint collectors of direct taxes and In
ternal duties dnridg the recess. i not before
made by aud with the consent ofthe Senate.
livery vacancy existing in the recess, IA NOT
therefore a vacancy happening In tho re
Gees. In the third section Of the first article
of the constitution, touching the appointment
Of senators, IT Is provided thai. (" II vacancies
happen by resignation or oihcrwiss, during
the receus Of the Legislature Of ang State, the
Executive thereof may make temporary AZ
pointmonls until the noIi neeiag OF the L.
gislalnre. which shall then I'll such vacancies.
These temporary appointments by lhe Ekecas
l..t
by the National Executive. How, then ha
this clhuse in the constitution been construed
The first case which oGcdrrcd 10 lost its con
strutiion was decided on the 2Sih OF March.
l70l, on an appointment by The Executive ~
Delaware, which appears TO have undergone
a full investigation. The report Of the CON
mlltee appointed to examine it, set forth Ihal
a senator from that State resigned his seat "
on the 18th day Of sept 1913, aud during thu
recess OF the Legislature /; that the Legislature
met IN Jan aud sdj ourned IN Feb l5yi, thai
upon the lYlh day OF March. aud Subsequently
10 the adjournment VI the Legislature, anothef
was appointed by the governor 20 I'll tie va.
caucy ocessioned by the resignation. With
these facts resolution was reported by tie
committee aud adopted by vote oil twenty h
seven, thai the appginiee was not entitled To
seat here, becaus session oil The Legislature
Of the sad Suite had Infcrvensd between the
resignation aud the appointment and among
those who sustained this resolution we find TIA
nancs OF LangdOn King, Ellsworth. MARTA
aud Batter. who had been members Ct tie Con
venlloa. Such was the determination on tn
question. gong t,ie whole length OF the p,ne
pie we seek to establish Ia the case ot NJ
Lanman, n Senator from Connecticut, The sen
ate, on the 9th Of March, lS2s want still hn
ther. Ills term expired on the 81 Of March
1925 after which, he produced here eeriIh
cate OF appointment by Oliver NoiCoii, then
Governor OF the State. dated the glh of 1 Ell.
ls25--and altpo igh the Legislature OF the
State not ~ session NJ the time, aud dil no.
sit until May, YET The Senate decided that there
was not in this case a vacancy happening by
any casualty not provided for. aud therefore
Mr. Lan,pan was not entitled 10 a seat. We fnl
am 1ng the distinguished names then recorded
| in favour ul this construction, those OF Messts
/ Benton, Berrien, Dickerson, Eaton, Gaillard
! Hayne, JACK son (now Presdent,) King
Lloyd Of Nd. Macon, 1szwell, aud Vss b..
/ TEN.
/ II is not for me to pronounce upon the cor
rectness of a decision thus established but II
it was right, II MOI only covers, bun goes beyoni
NY position. II is true, thai IN some similar
cases Senators have been permitted to sit here
| but they all passed without consideration. ex.
cep,lhii Of Mr.. Tracy, who was held entitled
20 seat. by party vote, IN period oil high
W. xcuement, aud those who we're called (edtrm
iqis ing Tor, and all those who were called
democrai, against him. TenPOra mutantp
However we may be branded as the lederaist'
ofihis day, our doctrine appears 10 have bee
the Republican doctrine OF that period, ih'
constitution Of each ofthe States, in the case,
referred TO, provided that their governor
sio,iLd see U,ai their iaws Uere Jaihfmiy erecu
ted and their laws directed those governor
to Gll up all vacancies happening in The re
cess off their respective legislatures. by tenIpo
rary appointments SO that there exists NJ
giound upon which to build up construction
10 favour of the power ofthe Federal Exeeu
/ tive ia each Of those instances Without fur'
Their discussion OF the princip connected
with this subject, we might regard It as neve
to be shaken while the Constitution lasts ma
the President alone cannot fill any vacanc
| h., Tho raf,sa of the Senate 4