Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-04-12
GtlF Goayatlt:.tiomaI 9yabI9.
Speecn of .Nr. Ttsse,yeyI:
cuNTrNUED.

interpretation. Therefore, whenever we can fix
their signhcation beyond doubt, in any one instance
that meaning must ever afterwards be attached to
them, when they again occur. unless the context shall
PLAINLY show, that they were used in different
sense Now inspection Of the Constitution will
snow, that the words used in the clause am
examining have been used twice before in the same
instrument. Fhey there used too, under circum
Stances which defy doubt as to their signlficat on
anu their true Interpretation has been fixed and
!eo not only by the decisions of this body, but by the
uniform and unvarying practice in all the States,
from the year l783 this hour. In this practice,
every one and at all times has acquiesced; and if
'here can be any thing settled under written Con-
stitution, 1t Is the meaning fihesc words.
1t IS the purpose of the very first Article Of the
Constitution, to createa House of Representatives
as one OF the branches ofthe Legislative Department
therefore, in the first part of I'd OF that ar
tlcie, 1t rescrbes the rule for asceraining the
o"r CT which this House shall consist; and by whom
and for what term, this number shall be chosen.
HaVing thus provided full and complete House of
Representatives, tie authors of the fore
seeing that casulty might vacate the Gllad,
and this during the term for which their incumbents
had been elected, proceeded in he 4h paragraph of
the same section, 10 provide for such events. by
these words, "when vacancies happen IN the repre-
senaton from any State, the Executive authority
thereof shall issue writs OF election to fill such
cies." Here then is office created by the Consti-
tuition itself which the Executive of every State ia
imperiousy required to fill in the mode prescribed
whenever vacancy shall happen in it. Then the
moment TINS Constr ution adopted there was not
merely possible Office, but one Of actial existence
as to the filing Of which discretion existed pro-
vIded this original vacancy could he considered as
referred to by the terms I have read But
never uid any Governor of any S.a'e conceive
that THIS provision gave To him auv author
NY to Issue wits of election to supply these ORR
gina vacancies No such example exists and such
a procedure would be so obviously absurd that any
Governor who should have attempted 1t, would have
been considered as deserving straight Jacket. Yet
tn" power conferred upon the Executive ofany State
by tie words here used, is precisely that conferred
upon the President bv the same words in the case to
which | have before referred.
So too The members of the House of Representa-
tves are directed by this Constitution to be- chosen
for wo years. Bcnnially then, all the seats in that
H7usa are made vacant by the Constitution itself
Here then are actual vacancies, in established Offices
that have been filled But no Governor of anv
State has ever felt himself authorized to issue writs
OF election to I'LL even these vacancies. And whv?
Because all such vacancies ing caused by the Con-
sttutIon itself were therefore foreseen ans fore
known, and cannot properly be said to happen
Hence they are referred the general rule and no.
t. the exception, which applies TO casualties only.
Again. The Constitution having provided =
house OF Representatives. next proceeds To provide
senate as the othec branch of the Legislature This
Is done by the Sd section Of the same article Tbs
section commences in the ether case by DECLARING
OF what number the Senate shall cona!st and bv
Waors, and TOR whet term the members shall be cho
sea- Having thus provided fall and complete Sc
nate the authors Of the instrument fureseenn that
vacancies might occur during the term prescribed
In the seats once filled for that term proceed in the
next paragraph Of this section to provide for snn
plying such vacarcies, by these words "lf uucancss
happen by resignation otherse. Gurino The ,ecnse
OF the Legislature of any State the Executive there
OF may make temporary appointments until the mex,
m icing of the Legislature, which shall then fill such
vacancies" Here again. we have original vacancies
In Offices created by the Constitution. To these
vacancies no Governor of any State ever presumed
10 make any temporary appointment cause they
were original vacancies, and therefore were not
embraced by the words Of this exception
Here also are presented the cases of other vacan.
es, occurring after the place has been once filed.
produced not by any casually, but by the foreseen
and foreknown etiiux of time. Oar journals show
ns two attempts by the Governors of States ia SIM
ply vacancies of this sort. One is the case of Mr..
Johns, from Delaware; the other that of Mr.. Lanman
from Connecticut In both these cases, the seats
were vacated by the effiux of the time for which
ncjr former ncumbeDts had been elected In each
case tie Legislature Of The State had made nm in
'a"''"a; effort TO appoint successor, but had fail
q. not 3elns able to agree in choice. After the
s 7,n1s'nent of the Legislatures, the seats being
..' vac%nt the Governors undertook 10 fill them by
emloFary appointments. But in both cases. upon
80 cxhib ton of the credentials granted TO these
senticHen, the Senate refused to permit them t.
l1al!y. because the Governors of these States had
30 auhorty make temporary appointmcnrs IN e,,rL
Tacanc:es as these.
Here then is second example of the occurrence
, me same terms, where their meaning is mol ONLY
j5vous from the context, but mas received The solemn
ma repeated saGctionsj of this body itself This
psan'ng, so fixed and ascertained is found to be in
net accordance with the sigDifcation attached to
ne anna words, IN She former case. Then who can
louot as to the meaning of the same terms when
.7ey next occur in the clause to which first adver
ed! Here too, the trainers of the Constitution hay
og prescrbeda rule for all appointments to all Offices
md required that they should be made by the Pres
7rt by and with the advice and consent of the Sc
t' 'oroseeing that vacancies might afterwards I
.rPn 10 these officers during the recess of the Sc
'ale when the public exlgencies might never, heess
cure such vacancies to be filed up, wisely and
evidently gave TO the President ulone the no,vcT
. hllng up all euch vacancies But they had no {
more idea OF giving to the President alone the DOW
y Of creating offices during the recess of the Senate
han shey had to give to the Executives of the differ
mt SHADES power to issue wits of election to fiji
original vacancies in the House of Representatives
or to grant temporary appointments to supply such
vacancies existing in the Senate.
Dir President! let me present, the subject to the
Senate under another aspect. Whatever difFeren
'ts pplpion may exist 10 thc origin of our dlc
o.cnl pfic:s, think We must all agree, that IN.
]'N' of the President is he same in rerard tn an
tn them ALL The Constitution in an
norpng him 10 nominate, and by and with the advice
81 -