The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-09

afsn q cIa
IN the constitution the object OF which clearly and un
denaby is 10 keep the State OF Massachusetts or asy
other State that may be similarly situated represented in
the Senate OF the United States That can be done by
executive appointment until two things happen-un,iI the
meeting of the Legislature. and until that Legislature
oil The vacancy. Is the vacancy filled now! Suppose
the senator who recently occupied that seat leaves and
the other person who elected TO take his place never
accepts his election. has il been fedi In my opinion
the executive appointment would hold good until then,
Mr. DOWNS. This is a subject which was consd-
cred with great deal of care BY the committee and
have listened with great deal Of pleasure what has
been sand upon The subject But really cannot any
hing In what has been said 10 change the conclusion
TO which the committee came. 1t is very true that
the opinion OF the committee may have led to u result
some what different from what expected because the
idea OF the committee. as understand it, was that the sit
ung dd,ing the session OF the State legislature
to bold his seat until successor appointed and there
was an acceptance or something which could be con-
a4fuad into an acceptance OF that appointment and the
tconmttee all Of opinion that the presentation
Of The credentials would be assumed acceptance
Yet the circumstances peculiar under which these
credentials are presented that that iRierence hardly
be derived from that fact II thought at the time
thus matter was considered in committee that these
dentiais would not be presented unless the person
accepted II was thought they would not be pre-
seniea unless they sent here directly by the
executive, or brought here by the person elect him.
self. But it turns out that these credentials were
sent to The sitting member by the executive Of the State
without any knowledge OF consent acceptance on the
part OF the person elect and not with any direction be
delivered TO the Senate Ii they had been accompanied
by directions TO present them The Senate then
would be construed executive Specification by the
State that the office was accepted But II left dis.
cretonary with the sitting member to present them or not
consider then, that the condition contemplated by the
committee has arisen The credentials are presented
and they must have this effect that the Senate have Off
cia information of the election OF SENATOR and there
fore the vacancy has been filled. II is in accordance
with the old precedents it is in accordance with the inter-
ess OF the States, in accordance with the practice of the
Senate and in accordance with the idea OF the senator
from Texas, mr. RusK] that State shall always be
represented, unless The legislature happen to adjourn
without any election. after they have sent Official
information that the Office is filled, certainly the sitting
member can no longer retain the seat No official in.
formation be received unless the credentials de.
ivered. That is the precedent in all In
one case particularly, the member elect was here Ia
ing presented, the Senate would take no notice of
the matter But the moment they did appear they
must take effect and the seat must be considered 6ed
80 lar, then, from seeing anything contrary the
sttuion, hard upon the State or unjust
any way IN following the old precedents and the de-
c'son OF the committee il that il meets every
case II hxes the rule exactly ought be, neither
more nor less and under State necessarily al
ways be represented, unless there is failure
to elect tAt
Now, sir, my friend from Texas il seems TO me- ex-
tends his idea that the State must always be represented
great deal too lar; because the full term Of senator
expires and the Legislature do not elect there is va
cancy. There certainly can be no doubt that when
Legislature adjourns without filling the vacancy, the
can be no longer filled II is expressly limited by the
there Is great deal in the remark just made by Of
the senators from South Carolina, Mr. RHErr in
pairing the language used in this with the language
used n another case, 10 show that the trainers OF the
constitution meant dfeent things speaking OF the
cases Both relate to legislative action the the
legislative action of the States the other to the legsa
tive action of Congress II they had mean, the same
thing think they would have used the same language
Appontees OF the President during the OF Con-
gress do not hold their until the meeting OF the
legislature, but Until the adjournment of the legislature
Why this difference But although agree with the
senator nPon tina, point, cannot give the consruc
ton which he does 10 the first clause of the
provision. He supposes that The word until applies
the continuance of the office Of the appoines 1 think
the senator from New Hampshire Mr. HALEl and from
Wisconsin Mr. WALKERl take the proper view of that
point and that The word until applies 10 the exercise OF the
executive authority by the governor himself and not to
the continuance of the Office. Otherwise, necessarily
there must have been vacancy. It takes lime, and fire.
queny very considerable tme for the legislature, after
II meets, 10 appoint The California Legislature nigh,
meet and appoint Immediately and yet il might be two
three months before the member elect could make his
appearance here, his credentials could be presented
The same thing in greater or less degree. must occur
in every such of election to I'LL vacancy think,
therefore, that the senator should remain until the egs
latsre shall have had opportunity to fill the vacancy,
and that the seat only becomes entirely vacant when the
legislature adourns without filling H. The adoption Of
the resolution either originally proposed moved
10 be amended would, conceive change the usage OF
the Senate In order 10 test the question, therefore,
move TO lay the resolution upon the table
Mr. BERRIEN. Does lha, carry with il the report
The PRESIDENT. Itdoes not.
ML DOWNS That was not my intention Ii is the
resolution which wish laid upon the table
The PRESIDENT. The report concludes with no res
oluton ALL The Char ~ under The impression that the
report would come up when the resolution is laid upon
the table, If the Senate wish it.
Mr. RHErT Mr. President--
Nls BERRlEN | hope the senator will withdraw the
resolution II will be better TO have the question met d
fecty.
Mf DOWNS. will do So My motion was not in
tended embrace the report at all wish the report
remain and be confirmed # necessary. But | will with
draw the moion
Mr. RHE TT gave way to
Mr. BERRIEN As member Of The Judiciary Commit
tee and not having been present when this subject was
under ITS consideration, and members OF the commit
tee and other senator's have thought popero express he
opinions this question, feel that my position requires
that should state briefly the views which entertain.
| have no doubt that the senator from Texas MIR.
RUsKl truly The views OF the iramess OF the
sttution when he says that this provision made
with view TO keep the Senate fall by the represe ntaon
Of each Of the States In fact that sugge son distinctly
made the discussions upon this subject before the
yention The Importance OF the provision asserted
upon the ground that the Senate comparatively
small body to The House oil Representatives, and that
therefore was necessary to Keep il constantly full
But, sir with the distinct understanding that that the
view ol the trainers OF the constitutions with the perfect
concession o that fact be taken this other dsa thai
the means by which they proposed 10 carry their nen
hons have been expressed in the language OF The cons
tuition. The simple question IL, whether to read
the provisions Of The constitution and understand them
according TO their plain literal import whether, with
the view u carrying oul the intentions oil the trainers oil
the constitution, we shall give them artificial con-
sructon Tor, sir maintain, contrary TO the suggeon
Of the senator from New York, [Mr SrwARo,l that the
construction which couended for by The senatof rom
South Carolina r RHCrr] s the natural ana pam IN
terpretaton of the constitution and hat mat which ~
contended for By the senator IRON New YORK results
from the artificial technical idea that the meeting OF the
-. L.. ta INN nj =