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

constitution says ID shall be temporary nut u
Now il is said until The meeting OF the egsla
turs mast include the hrst day. ana therefore all The
days OF the meeting OF ne iss,sse na' Mhs' = he
common unders andiag OF the term II We consult ex
coxrsphers, the plain meaning OF 10 The time that
Then this goyernor Is 10 make temporary appointments
10 The time that the legislature meet" The plain
meaning OF tho constitution Everybody knows thai. IN
common paTaIcr, when we say snch a Thing shall exist
until such time, ii shall terminate lust at the
point OF time when the preceding time expires The tenn
poIaIy appointment BY the governor until the meeting OF
the Legislature 10 an appointment, therefore, TO expire
with the last moment OF The recess OF that Legislature
When the meeting OF The legislature has occurred then
comes into exercise the second by this clause
Of the consuton--ne power OF the Legislature TO NIL
whatf To I'LL the vacancy" ,
Now, look al the subject in another point OF view. II
- s&d the governor has right 10 make an appointment
which is TO continue until is superseded oy an election
made BY the legislature Then the appolnee OF the gov
ILLS and terminates the vacancy and The once con-
tnues full until the election is made by the legislature
But the power which is given to the Legislature 10 not
power to appoint successor to the apponlee o. The
eoyernor; il is power ll vacancy subsistng Now.
how that vacancy suhss II The apponee OF The gov
snor holds after the meeting OF The legislature The
ocs 10 full up the very moment when the legislature
exercise their elective power II will be observed that
the legislature has no right 10 fill vacancy except by
virtue OF the authority given by this c ause. An antece
dent clause rGys: Senators shall be elected by the legls
sture for the Term of six years That is power given
to The legislature TO elect Tor full terms but the power
70 ill vacancy is derived only from this clause and II
the app0lnlee OF the fills The office until alter the
meeting of the sature then there is vacancy for
the legislature to fill and The specific power given by this
clause be called into exercise.
lam very well satisfied that Inconvenience may result
from this. legislature by posponing the election OF
senator may leave State In part unrspresenteu IN ths
body but that is affair for that Legislature They are
distinct soveregntes represented IN their sovereign capac
itss in this body and i IS for them 70 say when whn
the terms of the constitution they will be represented here
The constitution gives to the executive OF State The
power to make temporary appointment until the meeting
OF the legislature which shall fill the vacancy. Them it
fho lovis has O,Ner
ing, The vacancy must exist when il does meet. The
legislature cannot create vacancy by the act OF cleo
Gon it fills the appointment and fills the appointment
and if the person appointed BY the governor stii holds
over, does fill vacancy, but appoins successor
These the views which entertain on the subject,
and which have fell II my duty TO express have ad'
yered the suggestion made by the senator from WIS
consin MIR WALKER that the term 'unn related only
70 thepower OF the governor TO appoint and not TO the
duration OF the commission The duration OF the COM
mission ID still distinctly ascertaned by the proceed.
ing tern. by the provision that the Legislature shall fill
the vacancy, since that requires that there should be
vacancy ut the meeting OF the Legislature But il the
proposition Of the from Wisconsin is correct the
power of the governor TO appoint must continue up to
The last moment of the recess OF the legislature The
day before the legislature meets. according TO his inter-
prstation il would be in the power OF the governor TO
appoint person who should hold over during The session
that legislature, until superseded BY appointment
made by The legislature Now, if you will refer 10 the
dsbaaes of the convention al the time this provision was
under consideration, will be found that the motive for
the power which given to the governor TO make an
appointment during the recess stated before 10
prevent vacancies in the Senate The popriety OF con-
fernx the power resisted upon the ground that the
Legislative and executive departments ought to be kept
distinct, and that the legislatures would meet so ire
Queny 10 render il unnecessary. l think The pro-
vision Of the constitution proceeds upon the supposuon
thai the right Of the legislature, representing the
sovereignty oil the State TO decide Tor themselves when
the vacancy shall be filled.
Mr.. WALKER The senator from Georgia dsagrees
with me in regard to my construction OF thus clause OF
the constitution. should be glad 10 call his attention
particularly to the effect OF his own Argument II The
...s.l l.. I~E. ha Iu,llo The
term OF the senator, makes perfect nonsense OF the
clause Of the CONSTRUCTION itself What Is IL II Is that
ins The recess Of he legislature Of any State tn. exesu
nsS, nesting Of The legislature" Appointment. ap
pointments are single, individual acis They Cannot
have duration therefore The senator's construction OF the
constitution cannot be correct fora would make The con-
stiuon itself nonsensica Here is single act or success
sion OF acts, themselves susceptible OF duration
Tnen the concluded another point ,Ior the
that the governor does not nil the vacanoya all The
constitution provides that he shall make temporary ap-
poin,msnts-just many OF them necessary dur
ing the time from The occurring oil the vacancy 10 the
mes,nx OF the legislature But what takes place then ,
The legislature fills the vacancy The constitution gives
the governor power to make appointments. He may
exercise il until the meeting OF the legislature That IS
the literal meaning OF II.
ssnaior from Georgia says that the governor fills the
vscapcy there is vacancy for the legislature TO fill
The allacy Of his argument Is in assuming that the gov
srnor does fill the vacancy, The constitution does not
aay 20. Ii says merey that he may make temporary
appointments. The vacancy still Continues, and II IS that
very vacancy that the legislature has 10 bill When we
the duration OF the OF the senator appointed
the constitution says nothing upon the subject When
the constitution intends 10 tx the limit or tenn oil an
Office, il does in express terms but II does not say 50
in this instance There is reference 10 the term OF the
senator appointed in this clause OF the constitution Ii
does not speak OF the term blu, only OF the time within
which the governor may exercise his power. The va
cancy continue. lill the egislature elects.
Mr.. BERRiEN. The gentleman IRON Wisconsin as
serts with considerable confidence that the construction
which have veniured TO give TO this clause OF the can
stitutton makes 1t nonsepscal. That is very strong
expression. hope that by that expression he does not
impue nonsense, or the want OF common sense, TO my
self.
Mr.. WALKER Obl-certanly | did moi apply the
term in any fsona stated my opinion that the
construction put the clause would make nonsense
OF il.
Mr. BERRlEN The difference between The senator
from Wisconsin and myself is this Does The appoint.
ment OF the executive oil the vacancy The senator
suvpos~s that vacancy only be filled By the rg-a
ture. Now, take the Of a vacancy arising during
the OF legislature, and the meetsg OF Congress
before the meeting OF that Legislature The appoinee OF
the executive comeShere with the executive commission
takes his seat and is sworn IN senator OF the United
States, a. every other senator He is armed with all
the powers all the rights and privileges and - bound by
all the obligations OF every other senator. IL that seat
filled, or il il vacant That is the question.
Mr.. WALKER II the senator viii allow me | will
answer him. The seat is filed bat II is by distinct
method of appointment by the governor; The vacancy
10 not filled for the constitution says the Legislature only
aha FIJI the vacancy.
Mr. BERRlEN. The question is Unanswered, the seat IL
hIied suppose common sense would deduce The con-
cluson that il !, he filled it is not vacant.