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

they limitation as con end il is Limitation uot
tbe meeting OF the legislature" The meeting OF the egs-
luIe puts an end to the appointment OF the executive and
men, al that time, vacancy existing the Legislature fills
H. Sr, he language OF the constitution appears me to
be very simple and very plain II there be any inconve
nence resulting from the fact that State is not repre-.
sened here II is not the fault of the Senate il is The
iaut of the State State may think proper send
representatives here at all She would suffer by having
laws passed or her by Others aud not by her repre-
senallves This will not justify in stretching the
slilution 10 give her Representation. agree with the
senator from Massachusetts Mr. DAvsl that proper
We should settle the rule upon this OCCASION There can
not be better time and appears should settle
BY reversing the pecedens which have heretofore been
followed and come back to the unqueslionabe and plain
AIR. BUTLER. Mr.. President. ask for the reading
OF the report OF the Committee on The Judiciary will
there be found that there is authority upon this subject
for i was well discussed in 1902 upon the Of Sal
SmiIh, 81 MaIlAnl4 H4s dise9ssed by MI Giles, who
at that time was rather IN the republican party and yield
fully to bs rtasoa,ng and authority il 'ha, case
requires q vote OF the Senate TO take it up.
The question being taken on taking up the report for
consideration, it was agreed 10.
The report was then read.
Mr. CLAY. Upon the first reading of the constitution
one is apt al the first blush, 10 to the conclusion
announced by The senator from South Carolina lMr.
RHErT] but think, sir, upon more Careful and
critical examination OF the constitution, will be found
that the first impression The constitution
says that if vacancies happen, BY resignation other
during The of the legislature of any State, the
executive thereof may make temporary appointments
I'll the next meeting of the legislature which shall then
I'LL such vacancies" Now, what are we to understand
by the next meeting OF the Legislature Why, SIR, the
moment the legislature has and organized for the ap
p0intmen of its officers, the meeting has occurred,
and, according 10 the strict and literal Interpretation of the
constitution, unless the legislature were al that time,
instan upon the organization OF the body, to make The
appointment, they have no power to make it, But the
next meeting OF The Legislature will in the intention OF
the constitution think, mean, not that instant OF time
at which il occurs Immediately after the organization OF
the body but that whole session The entire session is
the next meeting OF the iegisaturehe word meeting"
being equivalent according to my conception of the
stltution, 10 the word session Well then, during the
next meeting Of The legislature they 10 dowhat
They to till the vacancy which has been temporarily
filled by executive appointmeni-hat is TO say, the
cancy is to be filled Well how is il 10 be filled Why,
SIR, by two the first is the appointment OF the ess
pointed because il requires two parties 10 make cleo
uon-the accepting as well as the electing power The
election does not create the Office unless il is accepted
Well them the question arises, whatshal be evidence
oil the acceptance OF the office And il is upon this polnt
and This point alone that differ with The report of the
Committee on The judiciary In other respects think it
either express implied II the newly elected pre-
sents himself with his credentials, and offers TO take the
oath OF Office, there Is an express acceptance II the
person his credentials and they laid before
the Senate, there IS, ii not express, strongly
implied acceptance OF the office But what is The
state OF The facts before now 7 The governor
transmits, perhaps without much rehection-lt is his
duty resulting from The ordinary routine Of his duties
the credentials 10 this body. 10 be laid besre ii
He does not stale, AS | understand, that he has any
evidence OF the acceptance And that point | differ
from my honorable friend from South Carolina, [Mr
BUTLERl do mol think yoa can convert the governor
into an agent for the person who Is appointed and con
slider him acting his agent and accepting by the
fact OF the transmission OF the credentials here
In that respect / cannot concur with the honorable
senator; think II IS no evidence OF the acceptance
is evidence only OF what the Legislature has done and
of what the governor ass organ, thinks proper for him
sell 10 do, conformity with what has been done by the
Legislature But then, upon the point OF acceptance, Ills
evidence either OF express OF implied acceptance
and if acceptance is necessary either express iu
Piled in order to fill the vacancy then we have no ev
dence before Us OF :he acceptance on the part OF Mr.
RANTouL.
Sir might 90 into the facts which are well known
through the papers, in relation to this gentlemen read
this morning that he delivering lectures in January,
a, Springfield, Illinois and informed by the
dnay channels OF communication that he is absent and
distant from home, and possibly has not yet heard OF
his election Al all events, there is nothing either
press implied OF the fact oil his acceptance and, in the
absence OF the proper evidence. think the who
has the executive appointment has night to hold his
seat.
The PRESIDENT. The Chair begs leave TO state how
this matter progressed early period AT the begin.
ming OF the session OF Congress, the gentleman from
Mas ssachusets, lMr WIsTHKoP, j as well The gentle.
man from Ohio Ar. EwIhG,l consulted with me 10
the propely of retaining their seats after the meeting OF
their leg ssatures. had hesitation in saying that II
the question new one, ! could decide promptly,
that the meeting OF The legislatures their term ceased,
But the pecedents III the formation OF the government
one OF which has been Tead showed this that the ap
ponlment OF the governor where vacancy occurred was
a TEMPORARY appointment, ant was considered by the Sen.
ale OF The Unite States hold good until The legislature
met and proceeded to election 10 fill the vacancy, or
ADJOURNED without filling The vacancy In either event
lhe seat OF the temporary occupant ceased and the right
10 hold ii expired When, therefore, IN conformity with
the precedcnr, slated TO those gentlemen that consid
cred that they would be entitled hold their seats here
until their leg either elected TO m the
vacancy or adjourned without eectns anybody, said
that when the credentials were presented by The leglsa
governor Of the State the egslalute having made
the eIection such official evidence that the IN.
Jlydua appointed by the governor was no longer 10 be
considered senator, and that from that moment his
s hit hold the seat expired As to acceptance, we have
no mode OF obtaining knowledge OF the acceptance II
il thing that has been required The evidence is
simply that another individual has been placed there by
The legislative power OF the State authorized 10 elect
him. and they having placed him there, can no longer
permit the individual who occupies the place under tne
tempocary appointment to sit and vote IN THIS body
That nay GecIson state this because the honorable
gentlemen with gteat decacy felt unwlling To occupy
their seats moment after the meeting of Congress
provided there any doubt as TO the pfoprey OF dong
II But the precedents show that proper TO do so
until an election is made. In this election has
been made; officially notified of il; and, as the pre-
siding officer could not recognise the night oi the sena
tor from Massachusetts, to hold his seat
Mr. BUTLER MIR President, do not intend TO oc.
cupy much oi the lime of The Senate upon this subject
The points are ew and have been very well put orn by
the senator from Kentucky. concur IN all ms views
except the last and that the oper jurS OF the whole
maer. II turns upon the point whelher hIs gentleman
as accepted The office or mol
| dlner with my honorable colleague essentially, Nr
RHrrT,J though | confess that | was somewhat i'm
with lne idea which he has put ioItb when
fst read article OF the Constitution Ibe next en-
suing legislature that shall meet after The executive APP
poomen, has the power to make an eiec'ua' appoint