Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-03-03

by the patriotic Uhgs about THE statement too soon
the report oft reached ts City, and then understood il
b be used BY them tor party effect both here and in the
country, with .he view Of preventing gentlemen ftoa
exercising an unbiased Judgment the present occa-
slon Tor fear of the charge OF acting under the influence
OF UdSh,agtoR dicatioR! Sir, now find that was not
mistaken The subject is introduced with such n
flourish ofruhpetS and strong insinuaon "by auhority
that the # ends of the Administration here the
tools and creatures of party at Washington that the
most creduous and unsuspicous both here and in the
country must thoroughly understand the ga,e that
these patriotic WgS have been PLAYING here on this
subject the whole winter But for my long intimate
acquaintance with the gentleman and knowledge of his
intelligence and worth, would have supposed that he
nad been long accustomed TO receive his from Wash
ington and subject In party dciaon from that quarter
that he really believed that all others here were in the
same situation. Whilst, however, | cannot for 4 mo-
eht entertain such an opinion OF the gentleman, must
be permitted TO say, that il is the only rational mode of
accounting for the conduct of the party with whom he
has recently associated himself As this Instruction
comes from respectable source may not be impro-
per Tor me TO declare, that have not heard of any
gentleman here of the party with whom proud to act
receiving political letter from any in Washington
since the commencement of this session Can my worthy
friend say as much ofhs party? fthc gentleman is con-
hdant the instructed gcncmen and about the COM
ehceent OF the session possessed of their that
they did not intend to obey their instructions he might
nave much more nationally accounted for his apprehen-
sons that the Senate intended 60 postpone this election
indefinitely; for him. that If that fact had
been known when the subject OF Exnp the day for no
ing INTO tins election was before the Senate all his APP
prehensions would then have been iminc diaely re-
moved by an attempt to postpone the election Indefinite
~ Most of the instructed gentlemen for some cause
or other have thought proper 10 observe mysterious
sehce ABOUT the course they intended TO pursue and all
was conjecture and doubt until within the last DAYS
tey announced TO their constituents, through the Jour
nas oil TINS place, their determination to for Mr.
Leigh IN disregard of their instructions and their rea
sous for coming TO this conclusion. What were the mo-
tives of those gentlemen in thus nostponin0 To within
Vw days OF the day fixed for this election the nnnun-
caon TO their constituents of their determination TO dis
T'garu ter Instructions will not pretend TO determine.
have no doubt but that this delay with some wns pro-
dnccd by the aeness of the period they received their
instrucons-and with others, for party purposes But
II Is quite lnmatcriai for my purpose, what may have
been the motives-SO far the people are concerned
the elect is the same them They have not in some
oil the counties, had time hear of the final determine
ton OF their Representatives much less TO correct the
errors ana mIscalculatons into which many of them
have doubtlcssly fallen. Sir, this alone with me- is n
reason for posiponng this election indefinitely
Let us now examine the constitutional objection of INV
friend from AlbemaTle, that if POSTPONE this election
the Governor cannot during the recess fill the vacancy
SIR 1T Is quite immateral whether the Governor should
MAKE an appointment or not unless the President should
call an extra session ofthe u s. Senate which is not AT
all probable, Notwithstanding his "indscreet conduct"
IN telling France with the PROMPT ness of natrioc mo
rcan PRESIDENT, that although the United States had
with great fobcarance awaited quarter of a century
hcr settlement OF their just claims yet that orbearance
certain point ceased to be virtue and became
dIsionorabe-tlat whilst claimed nothing unjust we
would submit to nothing wrong and that both the rights
oil our injured and pilaged and ho
nor, imposed the imperative duty on our Government ia
require oil rance as we'll as all Foreign Nations strict
observance and faithful execution of all their sole mn ro
ties with uslt is clear my mind that tho (,ovarnor
mas the right to fill all rGcGnccS which may happen dur
ing the recess of the Legislature What is the anouae
ofthe Constitution? " When "A vacancy shall happen bv
DEATH resignation otherwise during the recess of the
- "gSature' the Governor may, &c. understand that
The gentleman from Albemarle and others of his Marty
are OF the opinion that the Governor could not make the
appointment, IN the event of the Legislature fling IN
eject Senator because the word hdUDo as used in tho
Constitution, implies accident some casual occurrence
was surprised Ia hear intelligent gentlemen make s,,c
n Al stin
vacancy as well happeH by the failure of the Lc1sIo
ture to make an election, by resignation death or bv
any other casualty Might it happen that if woud
DC out o the power of the Legislature hold an electon
suppose war 10 exist and the approach of an INVADING
army should induce your Legislature to adjourn hastily
Dciore an ~ . Senator had been elected-woud il be
SAID that the Governor could fill the vacancy which
should h02po during the recess by the failure of tI
preceding Legislature to FIJI il? If is imroofo,i,I -
the vacancy should hapPG that happens during the
recess of the Legislature lift should be bv the death
resignation OF the incumbent, ''oherwisc;' fl,i IS
ln amy 9insr way (Which certainly embraces the fn6e
sture to elect ar-sscnsss.ar } the Con
4edTd nap during i5o rcccS-ATh he o r fAls@>ag
ant requisite hat the vacancy must h0ppc in tie re-
cess oil the Legislature; and when il does kappen Of
the services Of Senator should be rcquircd0 the Con
shtuton imposes the duty the Governor TO make
Temporary appointment, which only lasts to the com
mencement OF the next session of the Legislature
The language of the Constitution is as broad as can
be conceived; indeed "dnriug the of the cqis-
ature are the only words OF qualification or limit used
in the whole sentence ID is clear my mind that the
only enquiry which the Governor OUGHT TO make isst
is there vacancy? 2dly Did habpcn during the re-
cess OF the Legislature, and do the public interests re-
qure that it should be filed IIo has certainly nothing
to do with the cause Of the vacancy whether IL baDy,.
ed by DEATH resignation the neglect or failure OF the
Legislature to elect Senator.
The whole object of the Constitution is 10 have all VA
cances illed by the Legislature when they h0DDe dur
ing the session. and by the Governor when they h0DDe
during the recess, aud ii IS mmateTia how they NAV
haRPea But my friend from AIbemarle SAYS that the
writer's OF the "Federast and all the most able con,mon
may arrest unpopular of The Federal Govern
cit by refusing TO elect Senators, and tat if my CON
structon OF the Constitution be correct the Governor
by appointing Senator during The recess might defeat
Tue design oil he Legislature refusing elect one
III the gcntemaus conclusion. that the (,ovcruor bv
appointing during the recess could defeat the DESIGN Of
the Legislature, was even correct there would be no
thing IN II in conflict with the Fedcalist or iIe az nor nm
toriies he has cited because the Executive is an indie
pendent branch OF the Government and il is the State
Governments and net the legislative branches only that
those authorities admit to have right 10 refuse 10 elect
Senators but the gentleman is ncoI rect i'm bs concIn
SION, because The Governor is only authorized to make
temporary appointment 10 terminate the first dav oc
the next sessop that the Legislature may Their refuse
to eject regardless OF the Governors opinion TO the CON
trary, VINO VIII have no constitutional power To appoint
again, as the vacancy viii happen durup The sos-
sion of the Icgslaturcl1ere let me notice The oentle
mans comment on the Legislature shrinking from the
responsibility Of clecing Senator, by postDOnin0 il in
definitely, and throwing IL the Governor Can il be
possible That he does not the marked distinction be-
tween TIE Governor making temporary appointment
during the only, when the Senator aponed Inv
him will perhaps not have to DISCHARGE SINGLE official
act and the Legislature making appointment for a
senator Tor years. who Will in all probability durn
That long period, mlsrcpresent large majority of the
people IT seems tome that is only necessary to state