Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-04-12

ing o. such events take place daring the recess
of the Senate T. eniSrys the s.nsfAi ro~er OF the
Pesiien. Teen. II we could adopi a'reAi, this moe
vis-o 81 existing vacNrcY in nsa- Ai,ine but posi-
bic chcss Ne sEct' ~ 10 al ii;u mnfh ~ such q
su1l t-btsm-a' For, even II tie III Slrays
iste p-teu la ", q awsy ac,udly vacant, untd
It Wa once hslsd AVID who prop nv affirm OF
such gnet ant eternal vacaooy, 'hl /, hipp-urd
uurag th- roc,s' o. The nitA, rather than during
it. s-ssjou! Ur-s+ IL happened Jurug he recess O.
the nae Eo yevsr, the President has power 10 Ill
itul, wiG OF. = eis advice aad con eat.
Mr.. Prs,icc0', 'hi' que toG rs much too important
as have shtwo, 'hink Tor M tn Kermit 1t to rect
even here. Nhatl h,ys sad, 1 Should consider az
Sufficient upon o binary o,rnioo lui will On
deavUut 10 make 20 pein thai thsre sh.l not ain
looO whoreOn 10 hang doubt
Ii IL sonns sod Ob, ous rule for The contraction Of
sve~y Indictment, ita' where the same words are re.
ptated 10 H. by must awsys receive the same TO-
tetpf tailor. Therefore, wheDevor TX Tbs b.
skhihcdu.n be yond d,ub', in any one Instance, that
meaning must ever a',es"a rds be attached TO them,
when they again occur, uness the context shall
plainly show at tiey were us- in dif Brent
New, sn iospsc,,ou oi The Constitution viii show,
that the words usoi IN he clause am now exam
ming, heve been used twice before in 'he same in'
sTumen'. They afe there used TOO, under circun-
stances which defy doubt 70 thei- sign'bca-
ton; AID their tut interpretation has b. en- fixed aud
se"ied, MOI only by the decisions oil tbn body, bu'
by the UNIFORM ami movArying practice in all tie
Strtss from the year 17S9 10 this hsur In this pras-
tee, every Que, anu al all tmcs has asqiieeced; and
u there can bS any ihnS settled under written Con-
shtuiion, ia the meaning ot thebe words
1t is the purpose of the very hss, Article Of the
Constitution, create House OF Representatives, a,
one OF tie b,anch,s OF the Legislative Department,
Therefore, IL the 81 par, OF the q section OF al
article, it p'ecrbes lie rule for ascerta:ning the
number OF which his House thail consIs and by
whom. aud Tor what term, this number shall be
chosen HA,iog tbus provided iuli aud complete
House Oi Representatives, he suihois OF ths ins.Iu-
msnt, eng that casually might vdcate the seats
50 hled, aed rs during the te IN for which their in
Gun nts had been elected, proceed in tie i'h para
graph OF The seclioO, to provide Tor such
by these wolds, when Uaednc;es happen in he re-
preservation from euy Sate the ExecuIve authority
thereof shall issue wr.;s OF election 10 fill such
cancies."-Htre, then, lie an office created by the
Constitution SELF, wlicb the Executive Of every
SAFE Is lmperiously required oil 10 :he mode pre-
sioed, WI enever vacaeey 81 all happen 10 IT, Then,
the moment thie Conft ucs was adop cd, there was
Lot merely possible etfce but OF actual exist.
ense, as to the ling OF which, 10 discretion existed,
provided this orisni vacancy could be considered
referred o by the termil have read. Blu, never did
any GoYernot OF aCy State conceive, THAI this prov
tlor gave 10 ia any authority % issue writs OF cleo
ton 10 supply Ihese original vacancies. No such
ample eNs's; aud such procedure would BE- so obvi
ousiy alb urd, 4 at any vernon Who should have
tempted II, would have been considered desc viue
a Straight jack Yet tue power conf rred upon II e
EXsculVe oi any SAFE, by the words here used, is
precisely thai uttered upon the President, by the
tame words, ii HE case 10 which l have before re.
ierrej.
So too, the members of the House of II. presents
tves are directed by tits Cousti ut:oh chosen 70
t"o years. Bieunialy, thep, ell the seats in tha
touse are made vacant by the Constitution itsef-
ina. have been oncs hued, Bu' Governor OF any
State bee ever e't Himself aaihoriz ID to issue wrs
eiecHon, to I'LL even these vacancies And why Be-
cause ali such vacancies b. ng caused by the Cous-
nai itsel were, therefore, tUreseen and fortknown
end cannot Prcrsr'y be said TO happen Hence they
are referred 10 The general rule, and no. 10 he excep
lion, which apples TO caiuaues only.
Again. The Constitution having provided a House
OF representatives next proceeds TO provide Senate,
as the other branch of the Legislature. This is done
by the 81 section OF the same article This section
as Oth Inv decla or
number the Senate shall consist and by whom and for
what term, the embers shall be chosen. Having thus
provided full and complete Senate the authors OF the
instrument toreSceng that vacancies might occur dur
Tag the term prescribed, in the filled for that
term, proceed an the paragraph of this section TO
provide Tor Supplying such vacancies, by these words,
" II udc0ncieS happen by resignation otherwise,
during the recess OF the Legislature of any State, the
Executive thereof may make temporary appointments
nnl the next nesting OF the Legislature, which shall
fben tl such vacancies" Here agtin, have ORR
gina yancies in Offices created by the Constitution
10 these vacancies, Governor of any State pre-
su'ned to make any temporary Apo ntment, because
they were OTSHGt vacancies, and there fore
embraced by the words of this exception.
Here also are presented the of other vacan-
ces occurring after the place has been filled pro-
duced not by any casually but by the toreseen and
foreknown eiluX of time. Our Journals show us two
attempts by the Governors OF States to supply vacan
ces OF this sort One is the of Mr. Johns from
Delaware; the other that of Mr. Lanman from Connec
ucut In both these cases, the vacated by
the eiluX of the line for which their former ncumbens
had been elected In each the legislature of the
State bad made Intellectual effort appoint success
sor but had failed, not being able TO agree in a choice
Alter the adjournment OF the Legislatures the seats
being still vacant, the Governors undertook ill them
by temporary appointments But in both cases upon
the exhibition OF the credentials granted to these gem
tlemen, the Senate refused TO permit them qualify
because the Governors Of these States had no authori
TO make temporary appointments, TO such vacancies
these.
III ere ;hen il second example Of tbs occurrence
o. ihe same terms. where theC rg Is not on y
obvious som the conex', bus haa received the col mn
and repeated sane tons Of ths body Itself This oe an
log go fixed aud ascerained. IS iDuDd be in exac
aecordatce with lao sgGh ion attached to tie saIn>
word, Ia the fora Then VITO can doubi az
to The Gaming Of he same te'ms wien hey next &C.
cur, In IN clause to With f5st advcred? II re too
the !ramcts OF e Con. u,ion having prescribed
rule toe al aps0intmens 10 all Offices I'd required
net hey should De mida by lie President, 10y and
win She advice AID consent Of the Senate ereseeine
tbat cenci"s might afterwards happen in offi.
ces, during the recess NJ the Senate when ,hs pubic
exiseoces mizh, -vefheless require such vacancies
10 be II lied up, wteely and pr.vdeutiy gave 10 the
Pend Mt dcn-, he pJwsr h,ng up all such vacan.
cies Br they bad ijea o. g'ving TO he Pre-
sdeni alone IA power OF creating officers during the
reces OF 'he senate, han they had to give The Execu
NVs' OF she different States, power TO issue wrlts Of
election TO bi original vacancies the House o. Re-
PTesehiAlves or 10 efant temporary appointments t.
surply such yacanr". exiting IN he Senate.
tn be continued