Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-04-15
THE ENQUIRER.
Richmond, April IL.
SENATORIAL ELECTIoN-MR. BAPTlsT's
SPEECH.


Accord;np 10 promise we lay this morning
before our readers, the speech Of Mr.. Baptist OF
The Senate Of Virginia, on the suoJect Vi 'he
election Of United States Senator. Our CO.
lumns have been so burthened with matters
which seemed more imperatvely TO call for our at
ton, that this is the first opportunity we nave
had 10 redeem our pledge. In briefly comment
ing upon the positions OF MIR. b., we wish 10 DC
distinctly understood as far from meaning any
disrespect towards the Senator from Meckien-
burg. We give him full credit ior d cohseien-
tious discharge OF his dutIes-and ihousn
dissent from his views and his course o,' .''i' i
porlanl question, we cheeriuly cohceae ~ mn,
as we claim Tor ourselves, honesl anu up ~.
moiyes But ,ve cannot refrain from expressing
regret, thai our opponents have, as we ',bcei
stand. used This speech in order 10 make political
CAPITAL for their own parry. This lla, beeh dofie,
we feel satisfied, without the design ana against
The wishes of MIR. Baptist, who VIII regret IL We
know, as much as ourselves. H.,
We shall commence with the assumption ,hat
Mr. Baptist was as warmly impressed as ourselves
with the gross Injustice Of sending 10 inc ohi'eo
States Senate a man, whose Federal opinions "eie
in direct conflict with The clearly express VII
Mons OF six thousand majority OF Inc ilee diu
intelligent voters Of The Stale. ne mus n '
felt moreover that The last Legislature had Deeh
accidcnfalv made Wing 10y the discussions IN
few counties and that il did not represent me
voice Of The people as spoken in The Spring. n.
the Presidential Election, after iul di>cuSSioh
nt The questions Of the day, the people had spoken
in a lone of stern command, and had proved
themselves 10 be Republican, by me uhpreceuehl-
ell majority of 5000 Under these circumstances
no good palrio, could hesitate 10 bowto The pubic
will ard 10 declare that II would ne great out
rage upon Virginia 10 force upon her a FEDERAL
anil Texas Senator-and 50 thought MI 6aPlis',
too But, al the same time, he lett iorcea Dy 'he
solemn obligations OF his oath 10 support The Con-
siluiion, 10 differ with his party friends, ana 10
insist upon an election of Senator last W,nter-
as the refusal 10 20 into an election would DC IN
direct violation Of the Constitution. II IS inns
ground which we purpose briefly 10 examine,
calmly and respectfully, and 10 show that, IN our
humble opinion there was no violation IN Inc
Constitution by postponins The election.
Mr. Baptist bases The imperative duty oil
the last Legislature 10 make The election
upon The following clause of the Constitutions;
"The Senate Of The United States stall be
composed of tro Senators from each Stale,
chosen ny the Legislature thereof, for af years,
and each Senator shall have one vote lie con-
tends that unless the election was made last WIN
ter the Constitution would be violaled-tor there
would not be IRE Senators from each Siate-nor
would Tie Senator be elected for sir years, 'hnl
for whatever portion of The term remained unex-
pired al the lime The election was made IL was
in vain that in the same Constitution, there was
found The following significant clause: land II
vacancies happen by resignation on othcirLe du-
ring the recess Of The Legislature of any Stale, the
Executive thereof may make temporary appoint
mcnls until the next meeting of the Legislature.
which shall then fill >ncl vacancies MI b..
anticipates The argument. and contends. that the
temporary appointment hy the Executive would
moi Ec constitutional, because the WORT happen
| applies To snch cases Of vacancy Gas happen
! cd Ju rrScndii0n, death or other r0sR0HH, or
unforeseen occurrence" and not 10 the case of "a
vacancy occurring BY regular and previously
known contemplated expiration Of The term
| OF service Of the incumbent Here is the
gia OF The queSlon-and contend, that The
| Governor had the authority 10 appoint n Sc
major 10 the vacancy which happened Tor,
which is synonymous, took peee) during the re-
cess oil the Legislature. Did such vacancy oc-
cur2 No one denies it, The Legislature adj
Iourned on The ODD February and Mr. Rives'
term expired on the 81 March. Therefore The
vacancy occurred during The recess Of The L.
gi,la,urc,' and, by the very terms OF The Consti-
tuition, the Executive was empowered 10 make a
temporary appointment. We think the criticism
rs 10 the word "happen," too nice and refined
Cannot vacancy happen by the failure OF The
| Legislature 10 make an election, through civil
dscod The horrors OF war, The approach OF an
invading army or desolaling pestilence, as well
as by resignation, death or other casualty? by
the general and unqualified words of the Consi-
tuition, il is immateral how The vacancy should
hoppea, 50 that il happens during The recess Of The
| Legislature. Suppose that, from some oil these
| causes, The Legislature should fail 10 make an
election and the next Legislature should elect
Senator for the uneXpred term Of six years, would
moi this, TOO, according 10 the argument OF Mr..
Baptist, be a violation OF that clause OF the Con-
slituion which declares that ''he Senate shall be
composed Of Two Senator'S &c. chosen, &c, Tor
sic wears, &c" These cases happen every day,
and. therefore, according 10 MIR. BIS view, The
Constitution is violated in each and every such
case Does not this clearly prove, that, IN liking
Tie lime OF six years the Constitution designed II
as the limit Of the lerm bey0nd wa,ch Il shall not
ertend.
We think the inevitable deduction from these
considerations is, that there was no violation OF
The Constitution by postponng The election last
Winter-because The vacancy, happening alter
The 4:h March, 'during The recess OF The LeSlsla-
lure," might have been supplied by The Governor
and, bv this means, the Terms OF The Constilrl-
| tiGn fully complied with
But Mr. Baptist relies on the famous case Oh
I.anman, the Senator from Connecticut, to sus-
tain his position. We shall briefly examine II,
and show that, so far from snbstanllallng The
views of Mr.. B.. il may be set down as pretty
strong authority for The other side--An nd here We
would remark, in the first place, that Mr. B. $
! speech does not furnish The whole ground work OF
| that celebrated decision We shall supply the
important omission, which is The DATE OF The com
| mission signed by the Governor Ut Connecticut.
| We extract from The Report OF MessrS. Eaton,
Edwards and L. w Tazewell, the following sen
ences, which embrace ALL the lacls OF the case:
THAT Mr.. Lanman's term OF service IN NE
| Senate expired on the Sd oi March, 1870 On
the ih he presented 10 the Senate cellilcaic Ie-
eularly and properly authenticated from oi'ver
Wolcou. Governor Of The State Of Connecticut,
setting forth that The President the United States
had desired the Senate 10 convene on The fourth
day Of March, and had caused official notice OF
that fact 10 be communicated 10 him.
1.-THE certificate OF appointment IS dafed ne w
EftqtarB, 1925, subsequent 10 The time ol noti-
cation TO him by The President The certificate
further reciles that, at The time OF lis execution,
the Legislature Of the State was not i'll session.
and would mol be until the month OF May.
We have looked in vain for The speech OF MI
Tazewell. in support of The objection 10 Mr..
doubt not that the decision against Lanman's
right, from The facts submitted, was based upon
the consideraion--lhat, IN anticipation of The va
cancy which would occur in The Senate, BY the
expiration of The lime for which James Lanman
had been elected, 10 vii: on the 9th Ftbrno'g The
Governor of Connecticut male out and dntcd The
certificate authorizing Lanman TO act as Senator
from Connecticut on and ailer The 4th March
Though the report does not give the grounds upon
which The certificate OF Lanman was declared 10 be
illegal, il must have been on the ground, that the
Governor had no authority 10 anticipate vacancy
in the Senate-lhat until The 0ofn0l occurrence OF
vacancy, Governors right 10 appoint Sena-
Tor does not accruc-lhat Lanman, having been
appointed Senator when no vacancy hal chap
pened," was not a Senator in The purvew Of the
Constitution, and was, therefore, moi entitled TO
seat in the Senate. Had Lanmans commission
borne date on the .ilh March, 1925, after the va
capcv had reallv nhopDenedn we have no doubt