Weekly national intelligencer., 1851-02-15


amendments were concuued In and the bill ordered 4
be engrossed for third reading.
TERMS OF APPOINTED SENATORS.
The Senate then resumed the consideration Of the follow
ing resolution which submitted yesterday Dy Mr. DAVIS
of Massachusetts,
ResOtued That Senator appointed by the Executive of
State to fill vacancy entitled to hold his seat until the Sc
nate is satisfied that is elected and has
the Office roued that such election and acceptance TAKE
place during the session OF the Legislature held next after thu
and that such ought not to be In
ferred from the presentation 10 the senate OF the Gre
deDtals of the newly elected Senator.
The pending question the amendment OF Mr.. RHET1
10 strike out all after the word Resolved" and insert
That Senator holding seat by the appointment Of the
Executive of State can only fill the until the mex,
meeting of the Legislature thereof when the appointment
terminates which time it devoves upon the Legislature
| of the State to fill the vacancy then existing"
! Mr. MASON do exactly like the manner in which
this subject has been brought before the Senate An inquiry
moved by honorable Senator from Massachusetts,
WINTHRoP) and committed to the Committee the Judi
cary rather the form Of abstract queson-ha Senator
considering himself in position perhaps somewhat embar-
rasng and desiring the judgment of the Senate but desiring
that judgment upon questson not before it. The Senate
however, entertained the resolution, and the Committee
the Judiciary made their report II involves very grave in
quy into the construction Of clause in the constitution
and though perhaps its decision will not be regarded by the
Senate strictly precedent because rendered question
before them should be reluctant to give my il
without very briefly assigning the reasons by which is
governed.
differ sir with the honorable Senator from Georgia. (Mr.
BERRIEy, who sustained the amendment proposed by the
Senator from South Carolina (Mr RHErT in his remarks
yesterday. But appears to me it is question perfectly
pain--unless deuded-hat the construction which the
amendment of the Senator from South Carolina would place
upon this clause OF the constitution is The
stiuon has deposited with the Legislatures Of the States the
power Of appointing Senators this body The Legislature
of the State the depository of that power they required
to choose the Senator'S the Of office fixed by the
suion The Senator when chosen in the exercise Of the
power originally chosen for the term of six It was
found necessary, however, inasmuch the appointing
selected by the constitution is not always existng that
secondary power if mayso express it. should be deposited
somewhere in order keep the of the Senate full
Who should exercise this power of appointment when the
sta,es-was existing Accordingly the constitution has
provided that when vacancies happen resignation other
causes temporary appointments may be made by the EIecu-
tive Of the State. The language of the constitution is:
" 1t vacancies happen by resignation otherwise during
the of the Legislature State the Executive there
make temporary appointments until the next meeting
of the Legislature which shall then fill such vacancie
The original power being deposited with the Legislatures
of the States that OF making temporary appointments is vested
the Executive, to be exercised sny when the proper ap
pointing power not existing And find that the text
Of the clause limits the of the Executive only to appoint
nent while the appointing power not existing The Ian
guage of the constitution is that the Executive may make
temporary appointments until the next meeting of the Legis
laure "
submit then, with perfect confidence, that the word un-
til intended limit the period within which the Executive
appoint until the Legislature meets But when tbs Le-
gislaure the power vested in the Executive ends The
word unl then limits the time within which this duty
shall be discharged by the Executive, and it limits nothing
else 1t has been construed by believe, to limit the
period during which the appontee of the Executive shall
tnue in the Senate. 1t does not fix such limit at ALL The
term Of the office is six years. and if "vacancy in
that term that vacancy 10 the contemplation Of the cons
tuon is filled until somebody appointed for the whole
Of the remainder of the term.
The appoinee of the Executive does fill the vacancy
His is Temporary appointment" in the very language Of
the constitution. 1t is not appointment which fills the
whole II does fill the vacancy, because the
cy for the whole How, theu is the time for which
the appoinee shall continue in office limited II is limited
by the constitution to the time when the original and proper
appointing power shall fill the vacancy" When the
cancy is filled the temporary appointment is ended. The
language of the constitution is
The Executive thereof may make temporary appointments
unit, the next meeting OF the Legislature which shall then hl
such vacancies"
The constitution contemplates that vacancy in the term
exists until the original appointing power into exist
and fills il, and when does into exs and
fill il, the temporary appointment is ended.
submit, then that the proper construction of the const
tuition that temporary appointment by Executive does
not fill the vacany. 1t is appointment; Temporary elf
and that appointment ends when the vacancy filled by the
proper appointing power Power is given the Executive
not to make temporary appointment but to make tenn
porary appointments" And why For the very purpose
Of preventing the seats of the Senate being for, if
the used in the singular NUMBER when the Execu
and bis apponee ceased act in consequence of DEATH
resignation, otherwise the place would remain vacant
The power then, given TO make temporary appointments
until the next meeting of the Legislature.
The constitution does not at what period of its session
the Legislature shall fill the vacancy but it leaves the dis
creon with the Legislature fill the vacancy when chooses
may deem it expelent The appointing power of the
Governor the meeting OF the Legislature. The
power then resumed by the Legislature, to be exercised
its discretion When the filed the party elected
is chosen Senator for The unexpred and when the
vacancy is thus filed the temporary appointment ends
1t is asked what would be the if the Legislature does
not fill the vacancy is not in the power of the constu
ton by any mandate to the appointing power. The
Legislature may may not act may deem best There
IS no means by which you compel Legislature to dis
charge its duties but if the Legislature does fill the
cancy, apprehend the temporary appointment would
hnue There Is no limit TO that temporary appointment but
the filling Of the vacancy Nothing ends the temporary APP
pointmen but the filling of the vacancy.
i Upon the other question concur with the Judiciary Com
mittee, although confess that at first my views were differ
ent matter Of necessary construction. Although the
vacancy not filled by he choice of Senator but by the
acceptance Of the person chosen, yet when his credentials
presented can escape from the conclusion that the
Senate take it evidence that the party has accepted
Mr.. BALDWIN. MI. President, as the yeas and nays
to be taken upon this proposition, wish very
briefly my views in regard to IT, concur in the con-
ion which has been given by the Senator from Virginia
Mr MAsoS to that clause in the constitution under
view, giving the Executive of State the power making
temporary appointments to the Senate unit, the meeting
Of the Legislature BELIEVE that the word which is claimed
by limit the duration of the Office merely has respec
to the duration Of the powe' in the Executive. He is lib
ery make the appointment, if vacancies than
should occur he is bery make appointments from m
49, So t,. ka,.