Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-12
Tbs Constitutional c5iJf9.


ofevcrv in,,ri0cnt tn, aose .ac s.n,s wc>,l a.s
repeated in il, they must always rcsc'vu rhs Same
Interpretation. Therefyte. vl,.nevcr wa can OK
their Specification beyond doubt. in any instance,
III & M aning r,us' evcrTfsrrwaeds b. attsch"d TO
them, when they again cnless tho conrx' shall!
plainly show, that tbcy 9ets- -usei IN q different
sense. Now inspection OF the Constitution vriil
show, that the words used IN the clause I am now
examining, have been used twice bsforc IN the samc
instrument. They are there used too. under circun
s'ancos which defy doubt TO their sign,icnto ion;
led, not ONLY by the decisions OF this hoy hut by the
uniform anil nnv1rving practice in all IN" States,
from The year 1889 this hour IN this practice.
every one. and at ri times has a"1u,esce:; and q
th'rc can be any thing settled under written Con
st'tutIon. II IL the mea o'ng ofthcsc words.
II IS the purpose of tho very Srst Article Of tho
siu'ion, to crcaica House Of Representatives,
Us ono OF IN. bra?ch"- ofthc Legislative Department.
Therefore, III The FIRST part 81 ID s"c;t.n OF that ar
tice. II rrsscrbcs ;c rule fur shining tho num-
IF which the IIousa shall CONSIST; and by whom.
aud Tor what term this number sim be chosen
EcV'ng thus prov ed full and co,np'se House ct
Represent lives. til. authors f the fore
S'r,nT TINT casuly M ht vacatc tho SEATS filed,
ond this daring the term for which their iucu,nhrnts
had been elected proceeded in The ih paragraph Of
i'' same section, TO provide fur such evcnis, by
nose words, "whcnvacnncies happen IN the repre-
-"AiG;ion from any State, the Executive authority
no cot ~ Al. ssh" write Of election % FL such
c.cs. II re is Office cvc ted by tho Coa.,i-
'rt.ou Itself which the Executive Of every Staio is
VIGOROUSLY required to fiji in the mode prescribed
whenever vacancy shall happen in II. Then. the
moment this Constiu tion Adopted there net
merely possible Office, Int Of actual cystcncc.
a 70 the filing of which dacre'ion existed, pre-
v!ied this original vacancy could be considered as
referred :" BY ths terms ! hnv, rca.l. Bu;
never did any Governor of any Sac conceive.
'ha, This provision gave MIN any author
Vt" Issue wits Of election to supply these orr
Enrl vacancies No such example eyisis; and sich
n procedure would re obviously absurd that any
81,
tccc considered as deserving straight ilcket. Yet
The power conferred upnn the Executive ofauy STATE
by ne words here used is precisely That conferred
the President. b. The same words In The case 10
which h we before referred
So. too, the members of The fionsc of Prpr~,,n'a
ivcs arc directed BY this Constitution b, chosen
FIR two years. Biennally thcn all the seafs N tn
II U.s. are mad, vacant by the Constitutions i,s"f
Here then are aciLal cs'a bshed Offices
th1t have been filed. Bnt no Cove nor of anv
Etnte has ever felt him self authorized 10 s.,s writs
oteection, to fill even these vacancies. And why:
because all such vacancies bang rausod hy the Con-
sttution Itself wera therefore forcscrn IND r,re-
i;Hown, and cannot properly be s,ii 10 i.apnn
Hence they roic-rr! tho ;rrEer0l ru.c ard c-
tn exception. which aprfes 10 caSnaitirs only.
Agar. The Constitution hBvi0: r-ovI!rd !?
ious' OF Rcor", cnta'iYss. ncx' proceeds profile
senate as ihe ot'e branch Of the Leg stature THIS
i done By the . SHcton o. the same article. This
section commences aS II tie cl::rr by ,!ecs-nr
Of what number the Senate SHAH CONSIST 1nb h..
whom. and for what term he members sh-li he cho
son. Having thus provided Gl and complete So
nate tho authors o: tn" INSTRUMENT fora9rcin tb;,,
vacancies might occur duri.g ::io tern, pres:rIkcd
ID the STATS G"c;i FIR ,at Ter n proceed N the
next paragraph Of this section, 20 crarila for sur
plying such vaca-c;cS. by these words. ,oo,,,; @
hnPPen BY resignation o'herw during tho rcccss
Of the Legislature Of any State The Exocr:iva there
OF may make temporary appointments until tho mex,
m r!ins OF the Legislature, which sha ;Irn fu such
vacancies" Here AGAIN wc have nrtrinal vacanc:,s
cd lfv fl,o
vicascles no Governor Of any State ever Presumed
- iEa"e any Temporary appointment, 5"causa they
were original vacancies. and therefore were not
r,.Sraccd ~ The words cr this cxcci.inn
lic:e G,o are rrnscr'cd the cases nf Other yoc1p.
ccs, occurring after The Place ias ben nnca G.!.d
produced not by any casually, bit by the fnrevec-1
and forcknown etilny Of tmn. Or J"nrnas show
ms two attempts nv tie GovcrnHrs Of Sa,cs 10 SIN.
ply vacancies of this sort. O,io is nc Gaze q Mr.
"nhns. from Delaware; the o'hnT that Of Mr. Lanuon
from CCDnrrtcnt In both these rascs tho :c1.s
TSrc vaca'ed by the ctilnx of Ghc time fur which
their Former incumhrn;s had bccr elected. u each
c7Hr Tho Legislature OF tic State hsd made an in.
c'ctra effort 10 a?pn!N; Il Successor, brt had IA IL
cd not bling ctr I" agree IN y choice. Alter the
adi"uSrrarni Of H." Legislatures, the senfs brno
sd vacant. III" GOv"rnos undertook 20 fill them bv
fc'rfof7!y appointments. But in both rnscs upon
tIo t.'ii iiNr Of TIC c:cdcntias rran.cd 10 tbeso
gentlemen, The Ecan'c rcliis"d ~ permit them a.
qualify. because the Governors of these S,ntes had
no authority 30 make temporary appointments .c svck
Tlcl1c c5 ~ these.
Here then IS acc,nd cy ,mpI, Of TIC nccur.cnc,
n. u" same terms, where their 1caqir,p il moi ool;
Obvious from he conlcy. bn: ms fcccivcd Tho solemn
r ~ r"P"n;'d 81 c'iiasi of this honv itself This
nc ,n'ng fixed ami aaccrtanrd is found IN bc IN
dNact accordance with rhc sgnlGcation attached IN
Inc .a'na words, N nc f,rmcr case. Th"n who can
ABB as to the meaning of the same terms when
hey nrHt occur, in tie clause To which first advcr
icd' Ilcretoo the trainers Of tho Constitution hav
"prcscrbrdn rule for all appointments 10 all Offices
n"d required that they should be made by the Pfesi
d"r' by and with the ndvice and consent of the Sc
nar, orcsceiDg that vacancies might afterwards
h'PP"n III these officers during the recess Of the Sc
nate, when The public cx'gences might nevertheless
r-ruro such vacancies t. be filed M. wisely and
PROV denly gave Ia tie President aioic the power
at hlinT up all such vacancies But thcy had n,
more Idcn % gl"rg To the President alone the pow
- u creating llccs during the of The senate
ihGn They had 30 give TO Tie Executives nf the differ
cnt states power TO isaua write Of clcctiun TO fill
original vacancies ~ The iI"se of representatives
"r 10 grant tenn rory appointments to supply su ch
''raBcics existing IN the Senate.