The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-11-27
THE UNION WASHINGTON THURSDAY MORNING NOV. a. 1851


:. Immediately after they shall be assembled in con
sequence OF the first election, they shall be divided, as
equally may be, into three classes. The seats OF The
OF the first class shall be vacated at the expira
ton oil the second year. OF the second class, the ex
piraon Of the fourth year and of the third class at the
expiration OF the sixth yearso that one-lhrd may be
chosen every second year. and uacations happen. by
resignation on ofhsrui,e during The Of he tegisfa
Of any STATE The executive thereof may nuke tempo
rary appointments until the nsxt mesag Of he Legta
turs. Ehieh shall MenfH such vacaneiss"
The question is embraced in the words alicised But
i may be promised, however, that the first paragraph OF
the third section throws strong light upon the subject
The Senate OF the United States is composed OF TWO
senators from each State. elected by the Legislature there
Of When, therefore, these two are elected, and admit
led without contest 10 their seats in the Senate, il is ev-
dent that NE constitutional polcer Of Mc Saie legislature
is exhausted. Who is senator OF the United States
II is obvious that he must be person competent 10 take
has seat "a HE Senate Uhea eaed for what greater alb
surdty could there be than 10 term him senator OF the
United States who, at the time OF his election, not
competent TO present himself for admission to that
body
But the question remains TO be determined whether,
in the absence of vacancy, ii is competent for
Legislature to provide in advance for which VIII
during the period OF its legal existence, by ordering
that the person elected shall hold only from the period al
which the vacancy The constitution is not
silent this point; for independently OF the clause
specify the in which vacancies may be filled,
and by that specification, according TO the acknowledged
principles OF constitutional construction, sIaude every
other method Of supplying them. II is provided that III
vacancies happen by resignation otherwise IN the re-
of the legislature, Sc, the executive thereof may
make temporary appointments until the meeting OF
the legislature, Uhieh shall then fill such uacandss"
Now, the word "o,heroisc' comprehends DEATH The
pir alton Of term and such acceptance of office
Gates commission according to the OF Van Vess
in 1902 and Herrck in 1917 1t is with the second
case only that we have to do.
Now, the uaeaney by the expiration OF the term for
which Pratt FIRST elected expired III the of the
legislature, under the system OF biennial sessions of the
legislature which then obtained in Maryland, There
constitutional power in the governor after the 4M
Of March, 1851, 10 commission any qualified by age
and citizenship for the vacancy which occurred, by the
expiration OF the term OF Mr. Pratt, the recess OF the
legislature This, however discretionary with the
governors but, if he chose exercise it, il eonsti
tonaI right secured TO him. which the Legislature could
no, by prearrangement deprive him of. For, gov
crnor he oas and entitled TO fill the uaeancy which
occurred by the expiration OF Mr. Pratts term because
the express words of the constitution empower him 10
fill vacancies occurring during the recess OF the egsa-
ture. The word :" recess" does no. imply period al
which the legislature has no constitutional existence
but, the contrary when its labors only
suspended and its constitutional existence perfect When
!
cancy occurring its recess it, in effect. took from the
executive that discretionary power OF appointment
which, under the constitution is perfect in It's kind
is the right OF election which the Legislature itself pos
sesses Ii such precedent is tolerated. the legislature
of every State may undertake to deprive It's executive Of
high preosave secured 10 him in the constitution, by
anticipating always those vacancies which must occur in
the recess-a precedent dangerous that the Senate of
the United States will probably hesitate TO establish it,
But the language Of the constitution is still, more en-
phac. Ii does not only assign 10 the executive of Stale
the power of filling, temporarily, vacancies which
in The Of the legislature, but proceeds to designate
the authority By ichi those shall be permanently
titled +" II vacancies occur By resignation or otherwise,
during the OF the Legislature OF any State the ex
ecuve thereof may make temporary appointments until
the neri meeting of the Legislature, r0hih sH hen fH
such uacaness" II is evident, therefore, that provided
these vacancies in the recess-wheher by death,
resignation. by the expiration of tern,it is The
press office and power OF the legislature, Eat its neri meet
ng" TO fill them: il is not it will be observed the Office
power OF the inert legislature" but OF the Legislature
al IL meeng"-,hus providing for a case in which
the legislature in whose the vacancy occurred
may make the election, Teassemblng either by virtue
OF general provision, or on the proclamation
OF the governor and not posponng the exercise OF the
power 10 the merit legislature which nigh, imply nerIy
elected body But II the governor has not exercised his
power to fill The vacancy which occurred in the recess
yet has no and the old legislature has not adjourned
meet again, been convoked by procamatonas it has
not-tbe only body competent 10 fill il is the Legislature
next meeting" in January, 1852, which, under the
constitution OF the United States. "shaH then III the va
canoy"
We are not left, however, altogether TO argument
on this question. The OF James LaDman, Of Con-
neciicut though very briefly stated is full OF instruction
On the 4h March 1925 he presented in the Senate OF The
United States his credentials oil appointment from the
governor of the State OF Connecticut, dated sh Feb
ruary 1925 40 take effect Immediately after the 8 OF
March. 1925. and TO continue until the next meeting OF
the legislature" He at the time of his appointment
senator OF the United States. The resolution admitting
him 10 his restied by vote OF twenty three to
Eighteen Among the in the negative are re.
corded those OF well.known constitutional lawyers
such as Benton. Beuen, Hayne, King OF Alabama,
Tazewell, and Van Buren, The only ground limited at
for his rejection was, that the governor OF Connecticut
had right to appoint to vacancy mhih 10 hap.
pen. bu, had happened al he time Of the appointment
spen though his appointment made The OF me
legislature, and 10 continue oniy until Us melting
II governor, therefore, during a has no, the
power 10 provide for vacancy which in the
recess, though he appoint toen does happen, by
what construction can power be claimed for the Lgis-
iaure provide for vacancy which has not happened
when, by Of the recess, it will not be in stu
alton TO elect when the vacancy occurs And If gou-
srnor anticipate the authority he possesses to
appoint in OF vacancy occurring in the OF the