Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-04-04
POI JTIcAI, yIEWs,-[No. I'LL

Them ourselves, and regretted that it was not IN
The power of the Central Committee TO incorPo-
raie them, as they originally were in The abe al
dress which they have published under the name
OF their Chairman Their length, however, Tor
babe il. Under these circumstances, we our
selves asked the permission of The author 10 pup
lsh Them in The form in which they were ori5i-
naly prepared-and We are assured. that our
readers will thank US for the opportunity OF Pc
rusing them:
ELECTION OF SENATOR OF THE U. STATES
Oh ltmber Of The Democrafe Central
ComnuUec)
The Wing Committee have descanled upon
the election of a Senator of the u States, ana at
tempted 10 demonstrate, that the failure 10 make
an election BY the last Legislature Involves 10
lal disregard oilhe obligations OF The Consliulioh
bv The Democratic party, and tolal oeithe'i .I
ui their duty. We shall attempt 10 show, thal llie
Constitution imposed no such imperative uuly
on The last Legislature and that no dcre!ic'loii VI
duty was involved in the failure 10 ciect oena
tor-but on the contrary, that the pemoelaro
party would have been eulpable in The extreme
10 have nerm,ed The will of majority OF SIX
thousand of their constituents 10 have been rus
,raled. and M0t without The power OF remedy lot
six years. They had seen enough oil Inc e'ils u
MISREPRESENTATION. in the Two Senators ALREADY III
Office. 10 hazard a repetition OF such m'>Iclne
scn,ation for six years longer-and they haa WI
messed with modification and reSret Inc COURSE
of The Wings in The House on The Texas queS-
lion, demonstrating the necessity oil caution III
trusting 10 the efficacy OF instructions. The Con
sulion of the t. States, in The first clause OF lie
81 section Of the first article, contains, as Tue
Wing Committee correctly quote, The following
provision "The Senate OF The United States
Shall be composed oflwo Senators from each Stale,
chosen BY the Legislature thereof for six years,
md each Senator shall have one vote'-and The
yVhic Committee at once concluded, thatthe duty
was thereby imposed on the last Legislature oil
supplyin. The vacancy 10 occur on The 9TH OF
March, BY the expiration OF the term OF service OF
Mr. RiveS; and they proceed 10 say: For, il this
Legislature should refuse 10 make such election,
then il is very clear that from and after The ith
of March next, The Senate will not be composed
Of ira Senators from c0ch Si0ic, Tor there will be
bur one Senator from Vrginia-and. that The
successor 10 Mr.. Rves will not be chosen as The
Constitution requires lie should be, for six years,
but for such portion Of the six years Counting
from The .Iih Of March nexi) as may remain I'M
expired al he time when The election shall aclu-
ally be made" Now, we would advise our
Wing friends 10 read the Constitution more al
tentively-to read little further than is necessary
10 support their peculiar opinions, and 10 quote all
Of that instrument that bears upon The SUBJECT
In the next clause Of the same section, same ar
ticlc, will be ioundt The following provision " And
il vacancies happen By resignation or OTHERWISE
during the recess Of the Legislature Of any Stale,
the Executive thereof may make temporary ap-
pointmenis until the next meeting oithc Legisa-
lure, which shall then fill such vacancies" II
this clause bc taken with the other, il does
BY no means follow. that the duty was i'm
posed on the last Legislature 10 supply the
vacancy to occur on The ilh of March. 1t
was known 10 The whole Legislature, that the
session would not be prolonged beyond the month
OF Tebruary--it actually adjourned on the ODD Of
FEBRUARY. Al the time Of the adjournment, no
vacancy in the Senate had occurred: il was
known that the vacancv would occur during the
recess Of the Legislature, and il was known that
the Constitution had provided a remedy to meet
the case that he Executive was clothed with
the power 10 fiji! the vacancy, and could carry
Out the will of the people II is true, that The
Legislature heretofore had made the election dur
ing lis sessions but the sessions then extended
beyond The period when The vacancy would oc-
cur and il il occurred during the session, he
Executive would not have the power 10 act; but
since HE lengths Of The sessions have been cur
tailed, and il was known that The adjournment
would take place before the vacancy existed, the
terms Of the Constitution are too explicit and
plain 10 admit oil a moments doubt" II vacan-
cies happen By resignation or oticrrisc during
the recess OF the Legislature" Is il possible 10
select more comprehensive phrase than "Or
oth.rr,se?" any possible mode other than by
resignation? is moi The expiration of the term
Of service another mode OF producing va
cancy, besides resignation? Argument on
matter 50 plain is utterly useless. The Exccu-
tive, then, has The power fully; hut the language
OF the Constitution is not imperative on Tie Ike
cutivcs of the States "The Executive thereof
man make temporary appointments until the next
meeting of the Legislature, which shall then fili
such vacancies" The language is permlssive;
a discretion is left which NAV or may not be ex-
crciscd, as The public necessities require. If for
instance. the Legislature were 10 convene on the
10Th Of March, instead Of the Isl Monday in
December, The Governor might make the ap-
poin;ncnr for the few intervening days, or he
might leave il 10 the Legislature 10 make H.
Ii the Senate were not in session, the Cover
nor might not exercise his power I'LL il were ne
cessarv for him 10 do so. II the vacancy occur
red few DAYS before the ordinary meeting OF the
Legislature, he might omit 10 exercise The power,
and thousand reasons might occur, TO render Il
proper that The power should not be exercised
hence il was left al The discretion OF the Execu-
live, and il is hence plain that the argument
which relies upon the necessity oil appointing
Senator for the exact period OF six years, IS Who'll
II unsound and unlenable for, il is evident, from
the language used, that the trainers OF the Const-
tuition intended the power 10 be exercised or not, at
the discretion OF the Executive. lfhe omitted tscx-
crcise for any period, then The Senator would not be
appointed for the precise term of six years So too,
il the Legislature in good faith attempted, before
The expiration Of term To make an election, but
from causes over which they had no conrol-aS
from the want OF quorum from day 10 day, pro-
duced by The presence OF an enemy, or by pesti-
len!ial disease or other cause, or from the exist
encc of an equality OF votes, they found II impos-
sibIe 10 complete The election before new term
commenced, no one could suppose This would he
a violation Of The Constitution. The words for
''six years" must be construed 10 mean that This
is the limit of The term beyond which II shall not
extend The truth is, that in case Of vacancies
produced in the Senate, by any other cause than
The expiration of the term, the Senators are not
elected for six years but for the remainder Of the
unexp;red term of the predecessor-so that,
between the Time Of the happening OF The va
cancy and the appointment there is portion
OF the six years that is not filled by any incum-
bent We conclude, then, as the Constitution
provided different mole for the election OF Sc
major, there was no imperative duty imposed
upon The last Legislature to make the appoint
menl. tut we VIII 90 IullneT, anu dHiIih u d
orr belief, notwithstanding The boas;cd de-
Sire Of the Wing Party 10 make this election, that
they would moi have made il at any time during
The session. unless they could have been certain
that Whia would have received majority OF
votes. We believe that the course pursued by
them On The day chosen BY themselves TOR the cleo
lion, demonstrates the fact, and we think their ac-
ton on The contested elections, presented 10 their
consideration during The session, makes il equally
manifest. Atthe commencement Of the session,
il was believed that On joint ballot, there was an
equality OF votes between the parties. Early in
the session there were three contested elections
One from The county Of Bath, where Democrat
was The returned member, and his seat was con-
tested by Wing; one from the county OF Caro-
line, and another from the county OF Fairfax IN
each Of which cases Wigs were returned and
Democrats were contestants In The first case,
the contest was decided, The Democrat was re-
moved and the Wing obtained The SCAT thus Civ