Weekly national intelligencer., 1851-02-08

log 10 the CONSTRUCTION given on the other side OF the chamber
there is vacancy 70 be filed II the temporary spponte.
fthe seat, and fills it while the Legsatpre is in session
Is vacancy for the Legislature to FILL according to th
sct meaning of tho term. The constitution intended tha
there should be vacancy at the meeting Of the Legislature
and being vacmcy the vacancy should be filed by the AZ
pontme of the Legislature Bot the construction sought
be put upon the constitution would leave no vacancy 10 b.
/ filed it4 %ts2 8fft
think the view which have taken is the plain and SEN
se view Of the question Looking as have been accas
toned TO look, at ths plain mesning of the consaton
avoiding have always done all constructions which yeI
begun are lmitlce think ought to stand by the
pain words OF The constitution itself
| Mr. SEWARD. have only single word to say, and
say that solely because find myself unable l., vote 70
the resolution Of the honorable Senator from
m DAVIS I,fayor Of which my feelings and wishes draw
II this had been q question should have con-
CURED at in he construction Of The constitution given b,
the honorable Senator from South Carolina, CMr RaErr
which think is The literal exposition but is too late
think review the construction which has been acauiesced
long, and which adopted after the establish
rnent of the Government Then adopting the construction
which hss been gyen the procedens heretofore established
that this seat filed by the person appointed by the Go
until the vacancy should be filed the next session
O. the Legislature, cannot adoytthe opinion that tho terms
employed IN the constitution designed to Close the term
Of she person holding oe by Executive appointment On the
first day. Of the session, the first hor Of the session.
the last hour Of the previous Of the Legsaus
because il we adopt construction artificial and 20 tsni
d would follow that unless the Legislature should o. ths
very first day, 10 the first hour, fill the vacancy - ss
make the FIRST act of hes session TO appoint a6eno he
Legislature would afterwards have the to ~ hs
aeancy think, therefore, that the construction ill., ID
that clause of the constitution by the honorable chair
the Judiciary Committee Ms BUrLER) is sound and ose
70 wit that the vacancy may be filled BY the Legsews 4
Then the ques.0n --;sas what the scthR li
the vacancy II strikes that the Chair has givene
exposition Of that act. The Legislature have day - ~
charge; they perform that duty by appointing person Il
fill the vacancy They be presumed have ascertain
ed the competency the qualifications of the person wha
they have selected They not to be presumed have
sent here person consuionab disqualified from accepting
the trust they be presumed have selected an
alien, who has not resided within the United States
constitutional length of time they not to be supposed
have appointed man under the required age bu the
other hand 1t is due 10 the Legislature, due to the State
suppose that they have ascetaned that the person whom they
have appointed was competent to discharge the trust And
think further that duty presume that they have
ceraned also the fact of his acceptance Of the trust for is
not be supposed that any State would notify ohe
Poinment of the who had refused to accept about
whose acceptance they entertained any question suppose
therefore, that person who appointed by Legislature
from the day of appointment Senator in the Congress of
the United States suppose that he is to be deemed and
repued holding that office, and entitled to all its privileges
The time when he will accept it, the time when he will enter
upon the duties of the office, is question for himself alone
He may never acop but the State has discharged duty
and remains with the State to take that the vacancy
shall be filed It me- therefore, that ought to
pass the question of acceptance of the Office orf
wait for acceptance, how shall define what be
act Of acceptance of this trust There may be forms
in which willingness to accept may be sgnfed An
else of the fankng privilege would imply willingness
cept If wait for actual acceptance, ought define
what that acceptance shall be. After having examined the
question with care have the conclusion that
ought regard the State having here person quail
fed and therefore that has filled the vacancy which existed
and SO come to the conclusion that the temporary
of the senatorial Office in this has ended and that
the vacancy which il continued has been constuonaly fill
ed may be that will prove have been mpefec.ly fill
ej but the legislative appointment i, sufficient until it shall
be found otherwise.
Mr.. WALKER. desire to present views for the cousid-
eron Of the older members Of the Senate for think there
view of the subject which has been taken ALL and
that is which if looked into will bring proper
conclusion upon the subject take it the until" in
the clause does relate all to the for which the
poray appoinee shall seve but is descriptive only of
periods of time. within of which pariods he Governor
may appont and after which the constitution is mandatory
that the Legislature shall appoint What is the reading Of
the constitution
" Ii vacancies happen by resignation or otherwise during
the Of the Legislature State the Executive there
may make temporary appointments until the next meeting
OF the Legislature"
That is much TO say that the Executive may make
temporary appointments until such time as the Legislature
shall next meet What is to be done after that time Then
the Legislature shall "l such vacancies 1t to me
clear that the constitution intends by using these words de-
scribe point out who shall fill the vacancy different
periods Until the smeeting of the Legislature" the
Governor of the State shall ft After that the Legislature
of the State shall fill it consequently the word 'un has
nothing whatever to do with qualifying the term of Senator
seems 10 me that the constitution would clearly express
what intended if it read thus and vacancies happen by
resignation otherwise during the Of the Legislature
any State the Executive thereof may make temporary
pontmens until the Legislature shall - but, after the
Legislature shall have met it 'shal fill such vacancy 1t
will be observed also that the term Temporary appoint
mnts the plural used II does say temporary ap-
pcntment take that to this Suppose the Governor
mikes appointment to fill the vacancy temporarily and
that aPpontee dies does not accept he may appoint again
Suppose he dies does not accept the Governor may make
aher appointment and keep making appointments from
tine time up the period Of the meeting the Legs-
atire The constitution declares that the Legislature shall
then fill the vacancy this be the true construction othe
sion, where do find ourselves The Governor of Mas
sacuses has appointed temporarily TO gil vacancy The
necessity of making appointments has not devoved upon him.
Th seat is filled by his appointee. The Legislature
has met and they supplant the sitting member Now the
Governor having appointed does not the seat remain filled
unit the Legislature may proper to exercise its power
and I'll it by virtue Of its appointing power 1t
to be contrary to what my first impressions read
ing report of the Judiciary Committee These are clear
y views and felt my duty throw these sugges-
tos that they may be considered by older members Of the
Senae. .e
The debate continued at much length by Messrs.
BoRLAND, RHETT, DOWNS, BERRIEN, WALKER,
BUTLER, UNDERWOOD, and BRADBURY, when,
without taking question, the Senate adjourned.
.u.
HOUSE OF REPRESENTATIVES.
The Journal Of yesterday having been read
Mr. THOMAS moved that the House resolve itself into
Committee of the Whole the private calendar, and
pressed hope that this about the last objection day
this session, the motion would be adopted.