Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-04-15

compact the solemn act Of the several States IN
their SOVEREIGN character But, aSain-it shoulo
be borne in mind that the Legislature IS me eiec'
toral body. and not the constituents .! senators.
The people OF the States, IN 'neir so'eie.sa
character, are the constituents oi oehd'ois any
OF course, represented by them. IN PROOF oi 'uis
declaration, beg leave TO refer Inc Sehd'e 70 ''
debates in the Federal Convention, wnicn liai,,eo
the Constitution. as contained in the Madison "a
pers and il will be seen, that differences OF OPT
MON prevailed in the Convention as TO whal
should be The basis of representations Tue idi9G
States contended, that the basis OF numbers shoulu
be adopted the small States cohlenaeu, 'nd' ''e
basis OF EQUALITY OF States should De adop!eu.-
These conflicting views and opinions led TO a
compromise nv which the sovereign character OF
The St,,os ,pas maintained and acknowledged IN
The Senate and The numerical weight the respec-
live STATES in Inc House ols Representatives; ana
Inns il will he seen that The Senate is The efresen-
tative OF the States in their sovereign cnaldc'e..
This principle was advocated pv James niaViso"
and George Mason in the CohVel'ioh, WY w.
marry. and nm , careful examination OF the whole
scone and tendency OF the debates in The Federal
Convention il will be found that The Senate was
desioned n ta a permanent body, ami 10 be kept
always full in the manner provided lot by Tue Con.
stiulion.
will nov lake brief review OF my course IN
,he San,,or;al election which took place during
he session or 1910 and A. for the purpose OF sup
plvino the vacancy which would occur on The TN
March 1911. By The expiration OF the term oil ser
vice Of MIR Roanc. | voted 10 agree 10 make the
election In the course which | then pursued, |
was actua,ed alone in the discharge OF my GUY
by the ,hioh behestS OF The CunStitulion-ata De-
ing DESTROYS OF obtaining some oil the best iiSu'S
[ could on The subject, determined to obtain me
opinions of Judge Henry ST. George Tucker, a!
Tia, Time President OF the Court oil Appeals, and
the Hon John c. Calhoun, al that Time Senator
in Congress from South Carolina. Both OF these
distinguished gentlemen agreed with me, IN re-
gard to the obligation of The Legislature Ia MI va
cancies in the Senate. Judge Tucker then rest
ding in Richmond, | did not write TO him at The
time bn, addressed letter 10 MIR. Calhoun on
the subject, and beg leave TO refer 10 the opin-
ions expressed 10 me by those gentlemen, and
subsequently reiterated 10 me BY them. Inc lei
Ter from Judge Tucker, dated University, 3iN ia
nuary, 1914, is as follows:
"Mvd Sir have Just received your letter,
and hasten TO reply 10 it, though not as satislaco-
rily as could wish, for | have no recollection Of
the conversation YOU allude to. | have no doubt
i, took place OF this | am very sure, that
have never had doubt of The constitutional obi
cation OF the Legislature 10 fill vacancies in The
Senate. and that il is gross dereliction oil dniy
10 omit it, thrust that you will find no difficulty
in satisfying your constituents of this plain pro
position. and that Your apprehension as 10 the ei-
iect OF your course in 1911 will prove TO be with
out foundation.
"With assurances Of my best wishes, am, my
dear Sir, very truly yours &c,
The letter from Mr. Calhoun, dated For, Hill,
l2th February, ISL:
AMY dear Sir: remember the facts rs you
state them, that in The session of 1871, you con-
suited me on the obligation OF the Legislature 10
fill the vacancy in the Senate when il occurs, and
that gave my opinion in a letter addressed 10
you, that it was. also remember that showed
the letter to MIR. Roane, and that he concurred in
the opinion. deem The case too clear 10 admit
OF doubt; and you are a, liberty, il you should
think proper 10 use this letter and the one alluded
10, il Won shond succeed in finding it.
with great respect, am truly yours, &c,
JOHN c. CALHOUN"
The reference, which have taken the liberty
of making to the opinions OF these distinguished
gentlemen, proves that they sustained me in my
views OF the obligation of the Legislature 10 agree
10 elect Senalor-bul il may be urged, that The
opinions Of these gentlemen were expressedto me
in regard to The obligation OF the Legislature 10
cleo, a Senator in the session OF 1911 and not III
the session Of 1915 Now will candidy enquire
of Senator'S il there is any circumstance what
ever 10 create difference between the two cleo
tions2 Twill further enquire, il il was an obllsa-
ton imposed on the Legislature to elect Senator
in the session OF lSlO-'4l, supply the vacancy
10 be occasioned by the expiration OF the term OF
service of Mr. Roane on the 4th of March ISL,
is il not an obligation, equally binding on the
n 4. II, ,t, =
1874 and rs, 10 supply the vacancy occasioned
hy the expiration of The term Of service OF Mr..
Rives on The ilh OF March next? il there is any
difference whatever between the Two elections, |
have been unable to discover il. The election Of
Senator, which took place in the session of 1910
A. was at the session OF the Legislature imniedi.
a,ey succeeding the Presidential election of $40
when Virginia gave a majority OF her popular
vote, and her entire electoral vote, 10 that emf
ncntly distinguished Republican Statesman, Mr.
Van Buren, In the Presidential election o! 1914
Virginia gave majority OF her popular vote, and
her entire electoral vote, for Mr. Polk. The
election of Senator, which took place in the scs-
sion of l8i0-4l, was Immediately preceding the
expiration of the term Of service OF Mr. Roane,
and The election which is contemplated BY The re-
solution before the Senate, is proposed 10 take
place before the expiration oil the term OF service
ofMr. Ryes.
Mr. Speaker: ! have, at all times, been or
posed 10 loose and atlludinous construction OF
the Federal Constitution, and have always in ms
Interpretation adhered strictly TO the principles OF
the Republican party, and can offer 10 The Sc
nate no better evidence of my entire devotion Il
those principles, than by pointing the Senate TO The
course which felt bound to pursue in the Senate
rial election of lSi0-4l, BY contributing my aid
10 preserve, to the utmost oil my power, the Con
stilution in its original purity, and BY maintain.
ing for the State of Virginia her full and equa
representation in the Senate Of the Union
out which, shonld majority Of The States unite
and refuse or decline a compliance with this clear
constitutional duty, there would indeed be an enc
OF The Government, and dissolution of thai
glorious and invaluable Union which we SO high
" prize.
But, il may be urged, that should the Legisla-
lure adjourn before The l;h Of March next, there
will be no dctRGNy t.r,TiHa vacancy al The time
OF their adjournment. AMI. therefore, no obligation
on the present Legislature 10 make the election
but that the Executive may make temporary
appointment (until the next meeting of the Lee
gislature, which shall then fill snch vacancy in
conformity TO that clause of the Constitution
which coniers the authority on The Executive in
particular class OF cases, 10 make temporary
appointments. The arguments BY which the fore
going view VI suuJSSt - VI
tanned, appear quite plausible; but that view
cannot, on a careful examination, he sustained by
any proper construction which can be given 10
the Constitution. | beg The Senate to attend par
tcularly TO the express words Of The Constitution:
"And, if vacancies happen, by resignation or
otherwise, during the recess of the Legislature OF
any State, the Executive thereof may make tenn
porary appointments until The next meeting OF the
Legislature, which shall then ill such vacancies =
On reference TO The debates Of The Federal Con-
vention in reference TO This subject, it will be
found that The scope and tendency Of the discus
sion indicates, think, that the class OF cases de-
signed 10 be embraced by this clause, comforting
authority on the Executive 10 make temporary
appointments, was intended only 10 include such
cases Of vacancy as happened BY resignation,
death or other casually or unforeseen occurrence,
and not where the vacancy occurred by regular
and previously known contemplated expiration
of the term Of service of the incumbent. And
have no hesitation in declaring 10 the Senate, my