The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-11

bic sspstcf from Massachusetts INF, Wis7sso,l and
committed to the CoWnitiea On The Judiciary rather in
ing hnsslsin q position perhaps sonswhas sabsnas..
ng and deslrng the judgment OF the Senate but desiring
tasl ludxpspt upon question NOT before j. The Sen
ate however entertained the resolution and the OMr
passs ON the Judiciary made tAsss report it iwv ven
very gave inquiry mo the conservation Of ciaase 10 the
csos,iss,!9s: sad sboash, psrh. lie decision win NOT
rendered on question before them. hold BE- re-
lacsni 10 svs Wy vcas ON il without very breezy sssgn-
mE We sssons BY which II Is governed 1911 Te
differ sir, with the honorable senator from Georgia
Mr.. BERRIEH, who sustained the amendment proposed
by the senator from South Carolina Mr. RHETrl Ia his
Isma'ks on Yesterday But i appears 70 NE il qass-
uon perfectly plain-uness am deluded--that the con-
sucuon which the amendment Of the from South
Carolina would place upon this clause Of the
70 erroneous The constitution has deposited with the
legislatures OF the States the power OF appointing scns
tors - TINS BODY The legislature Of the State is the de-
posoy Of that powers they are required 70 choose the
SENATOR'S the term OF Office is liked by the constitution
The ssna'o when chosen in the exercise of The power
originally Is chosen for the term Of six years II was
found necessary however nasmnch as The appointing
power selected BY the constitution is not always existing
mat secondary power, il may express IL should Be
deposited in order to keep the seats OF the
Senats full who should exercise this power Of appoint
nsnt when ne original proper appointing powsiihe
icY sasufee OF The Sates-was not existing Accord
lngy the constitution has provided that when vacancies
hapen oy resignation or other causes Temporary appoint
menes may Dc made by the executive OF the State The
language OF the constitution is: g
ring the recess OF the ieg'saos of any ,ate
tive thereof may make tam porary appointments anti, the
next meeting OF the legislature, which shall then fill such
vacuncies" E s1tts z4lsst 4.a# fsae lt.44.af&
The original power being deposited with the legisa-
lures OF the States, that of making temporary appoint
when the proper appointing power BOT existing And
so we find that the text OF the clause limits the power OF
the executive only TO appointment while the appointing
is, "that the executive may make temporary appoint
ments until the next meeting Of the legislature" !.
submit then, with perfect confidence. that the word
executive shall appoint and to limit nothing else The ex
ecutiye may appoint until the legislature meets But when
the Legislature meets the power vested in the executive
which this duty shall be discharged by the executive and
It limits nothing else. has been construed by some,
believe TO limit the period during which the apponee OF
hx such limit at all The term of the Office six years
and If vscancy" in that term that vacancy, in
the contemplation of the constitution. is not filled until
somebody is appointed for the whole OF the remainder of
the term.
The apPontee Of the executive does no. fill the
cancy His is Temporary appointment" in the very
which fills the whole term. 1t does fill the Vacancy
because the vacancy is for the whole term. How then,
the lime for which the appontee shall continue in Of
hce limed9 tits limited by the constitution TO the time
when the original and proper appointing power shall fill
the vacancy" When the vacancy is filled the tempo
rary appointment is ended The language OF the const
tuition 10
"The executive thereof may make temporary appoint.
men's until the next meeting of the legislature, which
shall then fill such vscancies." = vi e-..
The constitution contemplates that vacancy in the
term exists until the original appointing power comes into
existence and oils and when il does into exist
enee and fill i, the temporary appointment is ended
submit, then, that the proper construction OF the con-
st,u'ion IS that temporary appointment by executive
does not fill the vacancy is appointment temporary
in itself and that appointment ends when the vacancy
filled BY the proper appointing power Power il given to
the executive not to make "a temporary appointment,
butte make temporary appointments" And whyl For
the very purpose OF preventing the seats OF the Senate
being vacant; Tor IT the term used was in the singular
number when the executive made single appointment
his function would terminate and if his apponiee ceased
to act in consequence Of DEATH resignation or otherwise
the place would remain vacant. The power, then, is
given to make temporary appointments unit, the mex
meeting OF the legislature
Tbs constitution does not say at what period Of its
discretion with the legislature TO fill the vacancy when
it chooses or may deem il expedicnt The appointing
power OF the governor ceases on the meeting OF The gs
be exercised at its discretion When the vacancy filled,
the party elected is chosen senator for the unexped
term and when the vacancy is thus hled the temporary
Ii 10 asked what would be the case II the legislature
does not fill the vacancy II is not in the power OF the
constitution by any mandate TO coeIce the appointing
power The Legislature may or may not act as II may
deem best There are means BY which you can CON-
pei legislature discharge its dnes but if the legs
lature does no, ill the vacancy lapPsehend the Tempo
rary appointment would continue. There il no limit 10
that temporary appointment but the filing OF the vacancy
Nothing ends the temporary appointment buthe filing OF
the vacancy SLID E = .g&. 6fs ~
Upon the other question concur with the Judiciary
Committee although confess that At FIRST my views
different, as matter of necessary construction. Al
though the vacancy is not filled by the choice OF sena
tor but by the OF the person chosen yet when
his credentials presented escape from the
conclusion that the Senate must take evidence tn
the party has accepted.
HOUSE OF REPRESENTATIVES,.