Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1845-01-30

hs ss~slssies which hs. Zoe It's object III. election
sssssss tbs Senate 81 the United stsses TO supply th
vossy Which Viii ts occssioEsd the 9Th day March
.s.t y - pessrtn pfshs .rm q .ssvee Of wnIlA,
g. Rrs~ Ess- beias ssllsa sp:
OU15~Me y ths substsnce az the remarks Of RICH
ARD II. BAxTIaT, - ssassor from the Mseksnbur.
- Hslnaz District that osessioa. .r...,..,.,
coScLupEp. as
TSs rsfsssacs which have ken the liberty or mak ins
- ~ spisieas q these proves that
Lsgtsisssss ssrse elect Senator But il may be
ugst tbst the opinions OF thsse gsemen
- N regard TO the obligation Of the legislature elect
saesof 4 ~ Of lell and not in the session OF
49, Nov will csndidy enquire Of senator. II there /.
~enveissassasss whatever 10 difference between
asswSsseesises. viii further enquire n was an obj.
sn q les0.ll. to supply the vacancy to be occasione
b ts expiration Of the Of service Of Mr. Roane on
- ~ March lsli, Is Il obig equally binding
- Ne LegetaD eject the session Of lS44
80 - sppy shs Vacancy be occasionsd by the
49, Of shs sssn Of service Of Mr.. Rves on the 4,h
-ssh ssxt Asrs 10 any difference whatever between
eesaoe seastos which took place in OF s40-
vi, ~ % sss sssson u the Legislature immediately
cseding the Presidential election Of ls40 when Virgins
w oeotiv Of her popular VOTE and her ire eccio-
rel voss N that esnineny distinguished republican
aa M Van Buren,. La the Presidential election OF 1874
sse Asve majority Ut her popular and her
ssssoss voss for Mr. Polk The election OF which
sssk pass In bs session Of i6404l Immediately pre-
csdng u ezpirauon o the Of of Mr. Roane
- the sscon Witch N contemplated by the resolution
bsfs The Ssaaia 10 proposed place before the
pirssion Of the term of service Of Mr. Rive..
Mr. speaker, have ut oil been opposed to Loose
and lsuudnous construction Of the Federal Constitution
and have always In my Interpretation adhered strictly
the principles Of the Republican party and can offer 10
the Senats NO better evidence Of my entire devotion TO
ess principles than by pointing the Senate
winch felt bound pursue in the Senatorial election of
le<O-Ii, by eontributng my aid preserve the ut
most Of my power the Constitution original purity
aud ey maintaining for the State Of Virginia her full
squs approximation IN the Senate OF the Union.
which, should majority Of the and refuse or
decline compliance with this clear duty
there would indeed be end OF the Government and
dissolution OF that glorious and invaluable Union which
% highly prize.
Bat may be urged that should the Legislature adjourn
before the 9Th Of March next there will be no actually ex
snx vacancy at the time OF their adjournment and there
lore NO obligation the Legislature make the
election, but that tho Executive may make Temporary
sPPo.nment (unu the next meeting Of the Legislature
which sha then NIL such vacancy in conformity with that
cassee NJ the Constitution which confers the autho; ON
the Executive in particular class Of cases TO make tempo
rsy appointments The arguments BY which the foreeo-
ing view oil the subject attempted be sustained appear
Qes panso'e but that view cannot, careful exami-
panon be sustained by any proper which
% gwen To the Constitution. beg the Senate attend
pstcusry to the express words OF the Constitutions sand
vacancies hapPea by resignation othe rwse during
the recess Of the Legislature OF any State Executive
thsreoi may make temporary appointments until the next
meeting OF the legislature, which shall then ill such va
csncie On reference TO the debates OF the Fe Iera Con
venuon IN reference 10 this subject will be found that the
scope and tendency Of the discussion indicate think
that the class VI cases designed be embraced by this
clause, conerring authority the Executive make tenn
porsy appointments, intended only include such
cases of vacancy happened by resgnafoa DEATH or
otner casually unforeseen occurrence, and the
vacancy occurred by regular and previously known con-
tempated expiration o service of the incun
bent; and have hesitation declaring TO the Senate
my well considered and deliberate opinion that should the
Legislature adjourn without making the election whether
that adjournment shall take place either before or after the
fih day 81 March, will make diierence) the Executive
OF Virginia will have righful authority whatever 10 fill
the vacancy.
In the view which have presented to the Senate on this
point and the Interpretation which given to the clause
now have under consideration think sustained BY
mgh and acknowledged authority. beg leave 10 refer the
Senate to the Journal OF the Senate of United States
I'd sesson OF the 18th Congress- case of James Lam
man OF Connecticut the decision which case BY the Sc
nate Of the United States will sustain the which
nave given to this particular clause Of the
and have been endeayoring enforce On reference to
the Journal OF the Senate will be that the case of
james tanman WINS as follows The President, laid before
the Senate letter from the Honorable James Lanman
eucosing the credentials of his appointment by the Gov
ernor OF Connecticut Senator OF the United States
70 take effect after the Sd Of March 1875 and
10 continue until the next meeting OF the Legislature and
expressing his readiness the several oahs of quail
hcauon required by the Constitution. Mr. Holmes moved
mat lanes Lanman be admitted TO his seat; when, after
dcusaou, the whole subject regard 10 his appointment
and eligibility referred n select committee consist
ing Of Messs. Eaton, Edwards and Tazewell The re
Pof' the committee was made, declaring that James
March, lo25 when the Legislature of Connecticut was
not IN session. and did until ninth of MAY
afterwards; that Mr.. Monroe by his proclamation conyen
cd the senate on the 18th day Of March 1885, and that the
Executive Of Connecticut filled the vacancy which on that
Gay would occur by the expIaon OF Mr. Lanmans regu
lar term Of service. motif made that James Lam
man be admitted TO his and take the required BY
ths CONSTITUTION and the question being made agree
thereto was decided in the negative by following vote
Ayes IT, Noes 30 The Ayes and Noes were as follows:
AYFs-Messrs. Bell Bouligny, Chase, Clayton, D'Wolf
nj Ian
Knight Lloyd OF Mass, McKevaine, Mills Noble Rowan
Seymore and Thomas.
NoEs-Messrs. Barton, Benton. Berrien Branch Chan
der, Dicksson, Eaton. Fndey GaiIsrd, Haine Holmes
OF Me- Holmes OF Miss Jackson, King Of Ala Lloyd Of
Md, Macon, Marks, Ruggles. Smith, TaseneH Van Bu
rea. Vandyke and Williams.
The foregoing reference to the decision Of the seDa,e f
the United States. in declaring the inegbiy of James
Lanman TO seat in the Senate of its being
an Executive appointment to fill vacancy which was per
ied 10 occur by the expiration OF his regular term o:
service fully sustans my in regard 10 Executive mn
poinimens, and shows most conclusively, think th,,
should the Legislature fail to fill the vacancy and adjourn
without making the election the Executive Of Virginia
cannot make the appointment and if the Executive should
do IT, II would be without the righfn authority Of the Con
suton, and the Senate OF the United States would moi
sanction such appointment, but would pronounce the ndi
vidua thus appointed ineligible TO sent unes. tat hodv
were to override the decision made in Lnnnan's cnse
trust 10 the Senate Of Virginia, the authority of that dec
tion will not be questioned particularly when the
Senate observes the names Of the eminent distinguish
ed men who made the decision. Among them allow me
70 mention the names Of Andrew Jackson Martin Van RI,
rem. Luleton w. Tazewell and Nathaniel Macon. su.
ained as am in views by tie dec of the eminen,
and distinguished Statesmen whose names have made
reference, entrenched around and fortified as believe
am by large majority Of the people of my district and
clothed IN the panopy Of the Constitution feel from All
these considerations that Indeed occupy position on this
oil important question which is impregnable in its own
strength.
have other views, Mr. Speaker to the consideration
Of which had intended call the attention of the SEN
aie but TO enlarge further the subject will extend my
remarks much beyond the limits had prescribed 10 nv
SELL hope enough has been said TO prove the truth of the
propositions i have endeavoufed 10 establish
From general review Of the arguments I have urged
hope have shown Ia the satisfaction of the Senate both
from reason, precedent and the Consffutoo that IN.
election OF Senators Of the United States ought MOI T. de-
pend on the whm and caprice Of the Legislature depend
en' on the accidental complexion Of the political parties
constituting the two houses of the General Assembly I'm,
'mposss o" tie Lesisisfue solemn duty Of binding
ebisstion s
10 uius presenting my views tot the Senate on the all alb
soing snd almpofiaDt question presented by the teso
uon before the Senate have discharged a duty which
oTe myself and TO The respectable and intelligent d,.
wmeh have the honour 10 roptes this -four. be
heye IA inc course which have parsed carrying out
NOT only my own peculiar views u tuona obligation
but that representing the will and vi. b,s oT ,