Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-02-24

cy the Constitution authorize, to be flied by the Go
vernon Of q State.
In resrcc, 70 this opinion, will rccer, first, tn the
Constitution Nsef and next to decision ci that body
who are made the sole judges OF the naerthe Senate
of the u. States
In ascertaning the meaning doubtful phruse or
expression, there IS safer rule than to look TO the
in which the same expression is used in the same
instrument where the meaning perfectly clear and
unamoignons. Now, SIR, let US apply this test TO the
question before In the LIST I'd sec. and I'd clause
ofthe Constitution il declared that f vacancies hap
pen lin the Senate of the u States by resignation
otherwise, during the of the Legislature of
State, the Executive thereof may make temporary APP
pointments, Nc. The expression, if rdcdncs happen
by resignation or ofkerpise" woud seem 10 be very
omprehensive-indccd almost unlimted-but let see
IN what sense, aud with what limitations phrases at least
AS comprehensive used iii another clause Of the Con-
shtution In the LIST art I'd and 4h clause it is pro-
vuee that- hen raea"etes happen IN the representa-
ton from State the Executive thereof shall
issue writs OF election to fill such vacancies"
presume, sir, that will contend that the
preston f vacancies happen from resignation, other
wise, is at all fuller comprehensive than the
phrase ''t vacancies happen In the
there is exemplifcaon of the manner in which ca-
cdHcteS may occur, and sweeping clause that would
seem to embrace all caedneieS ,chaerer In the other
the power OF causing vacancies to he filed is given with
out specification or limitation The question, then, is
what is the true meaning of the term vacancy,
used IN the Constitution maintain that it is the emp
uHcSS 81 an 9tcc 'ohich has been coRStitu0a0ify tilted
need not say that this the sense the only sense
wmch the words vacancies happen" can be used in
that clause OF the Constitution authorizing the Cover
nor to issue writs of election. On the fourth of
March, each alternate year. the term of service of
Representatives in Congress expires and we are with
out representation till after the April elections and
presume, sir has occurred any human being
that the Governor could issue writs oelccton held
IN TIE month OF March, although there might be called
session OF Congress-or that this such happening
Of racancicS is contemplated by the Constitution and
vests IN him the power of ordering elections be held
nose vacancies alone can strictly be said to happen
which are brought about by the of some
oreseen casuaitysuch DEATH resignation or remova
not such as follow from the lapse oftme, achicd there
IS no contingency
That this is the true construction of Constitution
we have not only the of the plain meaning of
the terms used but solemn adjudication by that ribu
nal which alone is authorized TO decide the queson-thc
Senate OF the United States refer, sir to the of
MI Lanman, of Connecticut. The facts of this case
are given in the report committee made the Senate
on 9TH March, 1925, and which is before me.
IL appears that the President elect had addressed
a circular to the Governor of Connecticut, norming
him that there would be called session of the Senate
on the 9th of March. This notice was received some
time IN february after the Legislature had adjourned
'c'hoW c'ecttng Senator in place of Mr. L., whose
term OF service would expire the 4h of March ensu
ing. On the 18th February the Governor rc.apponted
Mr. L., and forwarded him commission, take effect
on the 9th of March He presented hnsclfon that day
and the question raised whether he should be per-
mted to qualify and take his The journal of the
Senate does not specify the ground which the permits.
SION ,oGS refused; but the extract in my hands copied
into the Enquirer of the Sth March, 1885 from the re-
port of the proceedings Of tke Senate in the National In
telligencer, states explicitly the point which the
question turned The extract is in these words Some
conversation took place on the of Mr.. Lanman re-
appointed by the Governor in the recess of the Leasla
turc-the question being, ,chekcr future bv 1e [eois
atUre make a choice of Senator CONSTITUTES the comm
ge"cy an arhteh G0r9nor may appoint SenatOr-the
language of the Constitution being-'lf vacancies hap.
PEN by resignation otherwise, during the recess OF
the Legislature of any State the Executive thereof NAV
make temporary appointments
The tdcS here stated the best answer to anv ar
gument That may be founded on The supposton that
appointment OF MIR. Lanmnn pronounced unconsti.
tutonnl because it made Jeorc the vacancy had oc
tualy happened But in point of fact the commission
comforting this appointment did not and could not take
effect till after the 4th of March The period at which
the selection was made and the commission dated was
perfectly unimportant
Mr. Speaker, | beg leave to suggest another reosop
why the Governor cannot, and ought not make this
appointment 1t is admitted by every commentaries on
the Constilution-thc Observation-Disclosures Kent Story
Tucker and Marsha-hat the States have right TO re-
fuse TO appoint Senator's and that majority so REFUSING
may arrest the operations of the Government And YOU
SIR well rccolect the memorable expression of John
Randolph on tine floor of Congress- that he States were
the nostriis through which the Federal Government
drew the breath of hlelat by refusing TO appoint Re-
representatives. and Senators Congress- they could Mt
any moment cause tha; Government to anguish and
am sure sir need not stop here TO point ont tba
obvious distinction between obligation to the people
of Virginia TO that they faly represented i'm the
Federal Legislature upon which have heretofore in
sisted, and the right of the State resort to the means
Just indicated, (whcn backed by n majority of its CO.
ates to arrest the mad and awess of the Fedc
raj government would ask, of what avail would be
this great and admitted State remedy if its appcson
could be prevented by the will of a single man. Sup
pose the State believes the compact into which she has
entered is palpably and mischevouslv volated-fbat
she has exhausted all other means of redress and de-
termnes the government in its ayess
by refusing to furnish her quota the federal Iegsla
ture Acting IN obedience to their Will the General
Assembly decline to elect Senator's and the they
adjourn, the Governor who may happen TO approye the
of the Federal Cove rnmen defeats the whole
scheme and annhilaes the right By Cling the vacan
cies that may have happened.
think MIR. Speaker, that have said enough to sas
fy the Senate, that the Governor has no authority TO
point a Senator should adjourn without electino
one-and happen to )w that present Chief Ma0is
trate entertans the same opinonior by strange coin
cdencc it was he who submitted the resolution cecar
ing the appointment of Mr. Lanman to be unwaranted
by the Constitution.
1t follows, then that by adopting the Resolution on
your table, and declining to go into the election of Sc
nator, brought the second alternative which
have SAID IS presented by this that is that
the State shall have but half its representation i'm one
branch OF the Federal Legislature, from the 4th March
next, till the middle last of May-tat beinp the
hest period at which the next Legislature be called
together
Mr. Speaker, is there nothing the aspect of the times
that makes II important that Virginia should have her
due weight in the councils oftc nation? Should France
assume hostile attltude-and stranger miracles have
occurred, IN modern times Congress must be call
ed together immediately after the fourth of March Again
say, shall we take upon ourselves i'm such stat, of
things as this the awful responsibility of deprving the
State of half her representation in one branch Of the
Federal Legislature
Sir the case have just put, requiring called session
OF Congress is that may God forbid that IL
shoud!-God forbid that the indscrcet the---uo
sir iorbear-the ndiscreet of the President
should widen the breach unhappy existing between the
United States aud her ancient ally trust her sense
ofjusce will bring the French nation TO acknowledge
and satisfy the equitable claims of our citizens Buf
ID IO qp nnfiKv -l,gul 10 a..