The Ottawa free trader., 1849-06-29
!tlr0iCin.g.
s.nndon yc=rtnblc EiIini;> piIi..

!llC0lClnlg.
s.Ondou Vegetable Bilious pI!i~.
lNElE subscribers have recently been appointed
agents n, lhI- yCNuty for The sale fag.r rgu.y
'a5IUfcd pI.s Agent, will De apprund by N5Iu .
very town m me county Those W.sG.g. 90 rr. . I .
coi P!,I are invited % cal. do urs'ore and TAKE "
col, Aov, put IN for Gf1u.uU. cUruglu0. Ore 'r1. ,
'.l convince a that 'hey ere thH vry hntT. hc- NJ
'-e the pubic. WHITE x HUNTER, AgrHis, :
D., SoAa lh,r6lleA to-day ld"do NE uoStfnor vi
Ictce to publish his letter entire TO Nlr Manly bu,
we find our space o5ligcs us 10 Top OIL part Atlek
establishing the position that the election OF Gen;
Shields was void, the Governor proceeds
IF, III. n, there was no election, from hat
occurred subsequently, there is nothing m
consistent With the couclusiou that There has
been no incumbent ot the Office since the ex-
piration Of Mr.. Breese's term, !, being
I the cor mencement Of a term, II only re-.
maius @. inquire whether this IL such va-
eaucy the Executive Of a State has the
constitutional right TO fill by temporary sp.I
pon,ment. .-Ihe. canstimllonal mode el
choosing United States Senator i, BY the
Legislature. The constitution provides tina,
the respective State Legislatures shall. at
stated times, choose their Senators aud a
vacancy in the office can be pre- Judged by
the Legislature any reasonable length ui
time before it occurs, so that proper and
timely measures may be taken to ill it,
The words Of the constitution are THE
Senate Of the United states shall be compo-
sed OF two Senators from each State, cho-
sen by the Legislatures thereof for SIX
years.
will, in this connection, just avert to- the
prlfriple which lies at the ioudatou of our
government, and which is ASSUMED as run
ming parallel with the existence OF the con-
stl'u'ion. Il Is this; that those appointed
iu a certain class Of political duties under il .
VIII strictly comply with those provisions
requiring their performance. This is taken
ior granted, aud in fact constitutes, SO far as
the more popular or legislative branch Of
the General Government is concerned. the
chief assurance we have Of ts perpetuaty
IL, for Instance, the several Safe Legisla-
lures neglect or refuse TO choose Senators,
a. required by the constitution, the national
Government is at an end. The cous,ilu-
tinn, then, having made adequate provision
Tor the election of Senators by the respect
i've State Legislatures, if obeyed, il is i'm
possible for a vacancy to happen, beginning
with the oommencemen of term like that
now under consideration. Therefore there
existed no ccasiun for granting to the Ey-
eculives Of the several States the power of
hIhng vacancies commencing with a term,
inasmuch as, having made II the duty Of
the Legislature to do the same thing, II ha s
already been provided for. All the provis-
ion that remained as necessary to be made
was, to provide for other vacancies, such As
occur from death, resignation, promotion, or
removal, for which, it will be observed, no
provision has been made.
1t is further to be remarked that if the
Legislature performs its duty, As required
in the constitution, 10 vacancy can happen,
except 10 "ne OF the above mentioned four
ways. e it is not oheyed, the constitution
has provided no ether agent to discharge
the duty. The power given to the several
State Executives to fill vacancies IN the t.
nited States Senate, evidently, then, stands
simply in the relation Of supplement to
the general power given to the State Lecis.
latures to choose Senators-to establish an
auxiliary method Of appointing where the
general power did not embrace it-and no.
thing more. II this view be correct, it is
clear that an Executive temporary appoint
ment Of Senator, to fill ths existing vacan-
oy in this State, could not be sustained.
/ am not aware that then Senate has ex.
pressed an opinion upon state Of facts j.
IDENTICAL with that under consideration but
constructions Of official power have been
given by that body, and principles recocni
zed as incidentto the power Of appointment,
under agrant so closely resembling that
conferred upon the Executive under the
constitutions in this instance, which have IN
important bearing, if they are not entitled
to govern in this case.
The constitution gives the President OF
the U. S. ",he power to fill all vacancies
which may happen during the recess Of the
Senate" The Senate has undertaken TO
define what vacancies the President is all.
thorized to fill under this grant Of power
The committee appointed to report upon
this question, declare that the President has
no power to fill any vacancy under this see.
mingly broad grant of power, which does
does not happen in one Of the four follow
ing ways, viz: "by death, resignation, pro.
motion, or removal" aud TO this the Senate
adds that he has no power TO I'll vacancies,
except IN those cases where there exists no
legal provision for filling them.
The constitution requires that the Presi.
dent nominate. and the Senate appoint, as
the mode in which appontees are placed in
Office, excepting only those cases where the
law creating the oiIice provides another
mode for filling 1t. So IN the case Of tho
U. S. Senators, the respective State Legis.
atures are required to choose them; and
the constitution having appointed this mode
Of election, none other eau DO substituted
for IL.
The Executive Of a State, then, has no
power to make temporary appointments TO
fill vacancies in tho senatorial representa-.
ton Of State, unless they happen in one
Of the aforementioned ways. II has been
supposed by some that the action ~ tho
diffeteut State Executives has not uniform.