The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1849-04-27

We have received long communication
from the southern part Of this state, advoca.
ting in very strong terms, the pretensions
Of an asprau, TO the seat in the L. 5. SEN
ate from this state now vacant. We have
hitherto taken no part in this contest, being
perfectly satisfied TO commit the interests
of our state into the hands Of either Of the
prominent asplrants TO the vacancy in queS-
ton. Besides, we cannot persuade our
selves that it is necessary that an extra
session should be called to fiji this vacancy.
The Governor should save the people this
expense by making an appointment. His
power TO make such an appointment. is I'M
questionable. We were about TO prepare
an article proving this matter, when we
s"Os o"r Oyss on communication ia the AL
tou Telegraph, which saves US the trouble.
We extract the gist of it.
The 81 Section Of the ist Article Of the
Constitution of the United States, after pro-
viding iorthe number, term, class, and mode
Of election OF Senators, proceeds as follows:
or otherwise, during the recess oithe Legs.
latufe Of any State, the Executive thereof
may make temporary appointments unt.l
the next meeting OF the Legislature, which
shall then I'LL such vacancies
Under this provision, three requisites are
necessary 10 the exercise of the power of
appointment -
Frst-There must DO vacancy.
Second-That vacancy must have hap
pened by resignation, or OiheruiSs.
Ihird-The vacancy must happen du.
ring the recess of the Legislature.
photographers defiue racdacV, whenap.
Piled to an Office, as--'the state of most
or employment when it is unsupplied.'
The state of Illinois is emitted 10 have
two United States Senators. There is but
one elected aud there il the post or seat Of
the other Senator unsupplied. There is
then vacancy. This is indispu,able.
How did i, happen? The legislature Of
Illinois, previous to the I,h Of March last.
elected Gen. Shields to the senate Of the [.
ni,ed States, to hold his office for six years
frsm the 4th of March then next ensuing.
The Senate Of the United States declared
Gen. Shields ineligible. The vacancy, then
was caused by a failure, upon the part
Of the Legislature of Illinois, to provide for
the Office by the election Of a properly quail.
lied candidate. The vacancy did not han.
pen by resignation, but il certainly happen.
ed, and happened otherwise.
When did it happen? Up to the 4,h Of
March last, there were two Senators in the
United States Senate from this State. Since
that time there has been but one, whose
right to hold a seat is acknow lodged. Up
TO the 4th of March last, there was no post
or seat unsupplied; since that time there
has been a seat unsupplied. There was no
vacancy until there was seat unsupplied /:
Tho vacancy then happened on the 4lh of
March last, and not until then.
The vacancy was the result Of failure
OF the Legislature to elect-bu: the vacan.
cy asd not happen until the 4th of March,
Tor up to that time there were two senators.
The Legislature OF Illinois adjourned upon
the 10Th OF February, and have not since
been in session. Can there then be doubt
bnt this case is, within the meaning of the
Constitution Of the United States, a vacan.
cy happening during the recess Of the Leg.
isature, by resignation or Otherwise; and is
there reasonable doubt Of the power of the
Governor TO appoiut2