Weekly national intelligencer., 1851-02-08

stance in the history the Government in which the cTeden
as Of Senator elect have been publicly read from the des
in which the person invested with authority hss not previous
y accepted the Office. Now with thsaniiorm pracice wa
very well warsed think in saying the report that from
the reading fhs credentials here, coming the executive
authority Of State, the acceptance OF the person elected nigh
well be implied say may be well implied, from the fac
that there has been instance In which acceptance has
been implied from the reading Of the credentials ard there
fore for the resolution of my honorable friend
from Massachusetts, though have great dizculty sbout
Mr.. DAVIS, of Massachusetts,. wish to add word in
support of the rule which il proposed to establish by the
solution in the statements which have been made
regard the construction Of the constitution think the
constitution susceptible of the construction proposed be
put on it by the honorable member from South Carolina
very fairly susceptible of the construction given to in the
of Mr. Smith, Of Maryland The Senate has acquiesccd
in the decision made in the of Mr. Smith, when
before them for long period Of years think therefore,
that that construction Of the clause for all purposes of thai
sort should be considered as settled 1t hsrmonzes will
be perceived with the convenience and with the rights Of all
parties. The design Of those who framed the constitution
that there should not be vacancy The terms employ
ed by the trainers Of the constitution, in authorizing the Exc
cuve OF State b fill the office, go TO- show that the design
occupy the seat, to fill it with Senator. II the
purpose that State should lose its right Of representa-
ton 10 the Senate provided its Legislature elected next
coming session after the vacancy Now, il is very fair
sructon of the term meeting that il is tantamount to,
synonymous with, the term session.. applies them TO
any period of the session.
Then what ought to be the rule established Ought the
party be disposessed by the here of the
denials of the person elected through the mails of the
country think not because the whole psrpose of the fra
Of the constitution might be defeated by it. When
find the term '6lled" in the constitution am bound to sup
that it the seat shall be filled by person compe-
a suton meant and ToisIstnre should
exercise its power TO comply with that Nov, .ups
they had person here that was incompetent by
of his age Suppose they had seat here that
incompetent by Of ncompa,biiy Of STATEN
suppose there should be want of citizenship; for these
all admitted requisites You might have certificate
nouncng the election of person incompetent fill the station.
What evidence have that the Legislature has exercised
power in the which is contemplated by the consttu
ton The Senate is to be the final Judge of that question
We ought to have proof beyond the introduction Of
certificate that the place occupied by the sitting member
vacated, that filled by the constitutional action Of the Le
gsaure having the power to appoint am not disposed
draw that in question in this at ALL posed
make question that the individual who is elected is not
entirely competent gil the station. have every reason
believe that he is But the time, when am estab-
fishing general rule for future action obliged sup
pose that such state of may exist the trainers Of
constitution have provided against.
hold that the certificate is by conclusive evil
dence that the place is filed by such election the
s'ituon requires. Then what rule will you establish If
you the point Of the meeting of the Legislature il you
give the construction which is proposed, then where shall
you stop When shall the duties Of the sitting member end
apprehend upon the production of the certificate of the
person elected his successor, but upon evidence
proof least that the party elected has accepted My
resolution proposes establish that the rule With these
remarks leave the question to the decision of the Senate
Mr.. HALE. would not have risen if any body who has
addressed the Chair had presented precisely the views which
take. It strikes that this is not question for the Sc
nate at all This proceeding is treating with want of cour
tey the State that has this certificate here The cons
tuted authorities Of the Commonwealth of Massachusetts, have
certified that they have elected What does that
mean 1t they have done every thing under the con-
stuson of the State of Massachusetts, and under the Con
suton Of the United States, that necessary entte the
,,l
And the Senate proposes tell Massachusetts, that they
do not understand their duty that they have not elected Mr.
Rantou and that he will not accept does not accept and
not in situation to accepts that he is in the West making
speeches. and cannot accept and therefore will disregard
the evidence which they have they have elected Sc
naor. II is saying that we will treat nulGty we
will override you; will hold the matter 10 suspense we
know better than you you have not elected Mr. Nantou
he has right a the aoo OF the Senate That
is what we propose to do.
1t to it is treating Slate with great want Of
courtesy and respect presume every thing that the certf
cees is true and that H. that Massachusetts has elected
Senator. presume Mr.. Rantoul is a man Of the same
Of flesh and blood the rest Of mankind and it is
said that there has been elected to the Senate that
has declined to accept Therefore is not only deroga,y
the State of Massachusetts, but it is insulting Mr. Ran
tou TO tell him that he such anomaly Of mankind that
he will not accept election to the Senate of the United
| States. al @na
There is another thing which wish to call the attention
Of the Senate. find page 81 of HiCkey's Consitu.
ton the certificate Of Mr. Buchanan, Secretary of State
that this copy is "correct in text letter. and punctuation"
take that it is so, and, to affect any great learning
above all the Of mankind wish to call the attention
the Senate that clause Of the constitution which has been
quoted, in order to what the adverb unl" qualities
1t strikes that qualities the verb make" Then the
Executive Of State "may make temporary appointments
until the next meeting Of the Legislature If that be the
grammatical construction Of the clause it means that the
moment the Legislature meets his power to make appoint
ments expires is functus ocio. Then the power is
vested in the Legislature, which shall then Gil such
vacancies This unt does not relate to the continuance
of the person in Office but simply qualities the time when the
power shall be exercised by the Governor and that until the
Legislature meets then the power vested in the Legsa
ure That, strikes me- is the true grammatical well
the Interpretation Of the conuti Il
does not follow that it is incumbent the Legislature to
make the appointment the first day but when they have
exercised their power and sent the usual evidence Of their
action we have no further duty 10 perform.
The honorable Senator from Massachusetts, suggests that
they may send somebody here that is disqualified in point Of
citizenship Did have like that in relation TO The
honorable Senator from Illinois, (Mr SHrELps What ac-
ton did the Senate take that They took the cer
6caie Of the authorities Of Illinois evidence that he
elected and administered the oath and gave him his seat
with all its advantages Then under that clause of the
sution which cons the Senate power Judge of the
qualifications Of its members inquiry instituted into the
matter The very the honorable Senator puts shows
that it the duty of the Senate in the first instance to give
full credit to the dongs Of the Legislature as certified to
them. . Hla .n A sst.,sB A8
Believing, them do believe most fully that the Less-
has done every thing required Of it, and that have
nothing else to do move to lay the subject the table,
AT the request Of several Senators, the motion with
drawn. iat
Mr.. RHETT. Mr. President, have very few words to
say, In addition to what have already said think the