Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-03-25


shall be composed of two Senators from each
State chosen by the Legislature thereof Tor SIX
wears, and each Senator shall have one vole.
Thus much of the Constitution the Wing Al
dress quotes in order 10 show that it was the i'm
perative duty Of the last Legislature 10 I'LL The
vacancy that would be occasioned on the 4lh
of March By the expiration of the term OF service
of the Hon. VIM. c. Rives. "For," says that
Address, "if this Legislature should refuse 10
make such election, then il is very clear
that from and after the 4h of March next
the Senate will not be composed OF two Sc
majors from each State, for there will be but
one Senator from Virginia. and that the sue
cessor 10 Mr.. Riyes will not be chosen as The
Constitution requires he should be, Tor six years;
but for such portion OF the six years Counting
from the 4th Of March nexD as may remain un-
expired al lifetime when the election shall actual
" be made" These are the words which convey
the whole argument Of the Wing Address on tins
subject The clause Of the Constitution immedi.
atey following The one above reciled and which
has a direct and important bearing upon The CUES
ton, is omitted through accident or design. II IS
in these words: "and if vacancies happen, BY e
signaton or OTHERWISE, during the recess ~ M
Legislature Of any STATE, the Executive thereof
may make temporary appointments until The mex,
meeting of the Legislature which shall then Ill
such vacancies"
This clause of Tie Constitution provides a
mode By which its requirements can be fulfilled
by The Executive, when the vacancy occurs, as
the present vacancy did occur, during the recess
Of the Legislature Ii was known that The Gene
raj Assembly would adjourn before vacancy
occurred in our Senatorial representation, and
that an Executive appointment would fulll The
requirements OF the Constitution no matter how
imperative they might be as 10 The number OF Sc
majors or their terms OF service. Had the yacan-
cy occurred during The session CT that body, we
contend the Executive could not have made an
appointment, The terms OF The Constitution could
not have been complied with and our rep
rcscnlatiun would have been deficient ac-
cordirg 10 the Constitution Those who pro-
duced such state OF things might have been
held responsible 10 the people for dereliciion OF
duty. But this is moi The case in point. A va
cancy was merely anticipated during the recess
OF the Legislature which the Executive was en-
powered 10 fill the words by "rcasnatto' or
otherwise" comprchendns every possible mode
by which a vacancy could occur. Il was known
to every member of the Legislature worthy OF
his seat in that body, that case would happen
which the trainers of the Constitution had lore
seen and expressly provided for. And we contend,
that the mere fact that this event, thus foreseen
and thus provided for, was allowed TO happen,
cannot he considered as contrary 10 The spirit and
meaning Of the Constitution, which had taken
cognizanoe OF it, and expressly sanctioned The
proceedings i, might make necessary. The Wings
consider the first clause oil the Constitution, touch
ing this subject TO he imperative, making II The
duty Of each State to have TWO representatives
in the Senate elected for years. If this be so,
then The second clause which recognises the va
lidilv OF Executive appointments 10 fill vacancies
nh ah .haD nj
dining the recess of The Legislature 81 ann STATE,
leads 10 the irresistible conclusion, that the COM
mand is obeyed, and the Requirements OF The
Constitution complied with, both as 10 the number
of Senators and their terms OF service. II no con
tingency is made 10 happen, not provided Tor by
the Constitution Unless the second clause OF The
Constitution. cited above is thus construed, and
allowed to explain the first, then MIR. Rives had
no right 10 seat in The Senate for he was mol
elected for SIX years; and, according 10 Wing Coo
irinc. The Constitution was violated when he took
his oath Of office.
We frankly admit that il is advisable 10 fill
vacancies in the Senate of the United States by
Joint vote OF the Legislature, instead OF an Exc
cu,ive appointment, even in those cases in which
the Executive is empowered 10 act, and that no.
thing but grave considerations OF public policy
should lead TO a different course. But we ear
nestly contend, that grave and adequate conslde-
ratons of public policy sanctioned The course OF
the Senate The Presidential election OF No
vember last had shown that the State of Virgil
MIA approved The principles OF the Democratic
party. A majority vi the counties in the State
had voted for the Democratic nominees and il
was measure OF The last importance that so de-
cided a majority should not be misrepresented for
six years in our national councils, when great
measures were at stake. II was anticipated hat
all the leading questions which have agitated the
country would be permanently affected By the legis
lation adopted during those six years. An admi-
nistration sanctioned by the people of Virginia,
and of The Union, because il entertained certain
principles, was about 10 take the reins of power.
The Senate was nearly equally divided; and the
election Of Wing Senator from this State might
give the opposition the entire control of one branch
Of Congress, and thereby negative The expression
Of popular will in November, and endanger all
those measures that popular will had so distinctly
demanded
Under this view of the position of The last Viz
ginia Legislature and under the true construc-
ton OF The Federal Constitution, we contend, that
the action Of the Democratic party was right and
proper, and called for by the best interests Of the
Had the conduct Of the Wing party
been equally deiensible, The Senatorial election
would have caused but little difficulty. We be-
lieve, Notwithstanding the views which The Wing
Address promulgatcs, that party was willing 10
make the election Of a Senator depend on party
considerations. by showing disposition to defeat
an election, unless it was certain of success. II
had selected the 22d of January as fit and pro-
per time to hold an election; and when the day
arrived, the joint order agreed 10 both by the
House and by The Senate was cvaded By an ad-
journment-lhns leaving the performance OF what
they considered high constitutional obligation
10 depend on future contingencies. True, This
happened al an eaily period in the session; but il
should be remembered, that the Wing party had
determined that This was tit and proper time for
the election. Yet, these men arragn the Demo
cratic party for not contracting to do, the very
thing which the Wing party would not do, when
pledged BY the concurrent vote OF every one Of
lis members in both branches OF the Legislature.
The mater OF time being left out Reconsideration,
they Justify themselves Tor not performing what
they conceived 10 be an imperative command OF
the Constitution. and arraisn the Democratic
party for taking a course sanctioned ly that in
strument. They Justify themselves for thwarling
the wishes of an ascerancd majority OF The peo-
pie, by the strange plea that they wished The State
10 be fully represented, and arraign the Democrat
ic party Tor taking course which was calcula-
ted to place the whole matter before the people
themselves at our Spring elections.
matter Ii should be remembered that at the
commencement ofthe session neither party could
command majority on joint ballot in Senate
rial election Atthis period there were three con-
tested elections-one from each OF the counties OF
Bath, Caroline and Fairfax. In the contest from
one OF those counties a Democrat, and in the two
last Wings, had been returned. In the first case,
the Wing Committee OF Privileges and Elections
reported in favor Of The Wing contestant. This
gave the Wing, majority Two on joint ballot.
Having performed thus much the committee rest
ed from their Iabors for season.
In the contest from the county of Caroline, no
report was made by the Committee, until after the
attempt 10 make The Senatorial election, and few
days before The termination Of The session. The
report then made, giving the seat TO the Wing
member, was never acted upon by the House, and
the contest was never terminated. In the case
from Fairfax, although The eligibility Of The sill
ting member had been contested though the petit
toner had sworn to his belief Of the charge sub