The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-12-10
NIUN w IIlNGT0N, WEDNESDAY MORNING. DEC. 10 1851


oal even il in other States lie power given 10 The
ss'sasufe has been coustneJ-wLere the vacancy hap
an recess IN the term OF the legislatures ust
H'"s an election before the recess, this reasoning will
no, sip., III Maryland la The great majority OF the
States there Is no Constitutional a TO The sessions Of he
legislature They have power to adjourn 10 meet again
Wilma me year, or two years, for which they were
elected. Where this power OF temporary adjournment
eAsis There is strong argument OF t1auelsHts TO justify
legislature IN providing fora vacancy 10 occur IA The
recess IN advance, when il might assemble and ill the
vacancy when occurred Ii True that such action is
MOI Justified by the decision ia Lanman's case because
Inc same argument might there have been employed to
sustain The appointment of the Executive. But surely
mere Is no analogy between The Of anticipation OF
vacancy BY Legislative where il might remain in SEES
sion uhl II occurred, might, by lis own act adjourn
70 meet on The occurrence OF The vacancy, and case
where It has no power, OF itself, to remain in
session until The vacancy occurs, 10 meet after
y mas happened; because that power only can
De anticipated by legislature as belonging TO itself
winch y capable OF exercising when the emergency
ours Now, by the constitution OF Maryland Qs3S, chap
~ confined IN the succeeding year and made part OF
We cohsi'tuon) the session of the Legislature OF si9
ended, OF necessity, the 10Th of March, 1850 And
since Inc sessions OF the legislature in Maryland
lheh BIENNIAL the vacancy occurred the 4ih OF March,
1901 al time when the term OF the constitutional
SION OF The legislature of 1870 had expired and which
could not meet BY adjournment, or by remaining in
SON. or i'll any manner except by the proclamation OF the
governor There was, therefore, no room "hateyer for
The doctrine OF anticipation to apply for the legislature
anticipated power which it could not have exercised if
II had so wished at The time the vacancy occurred in
1851 The words, therefore, OF the constitution OF the
United Staesgiyng the legislature at its next meeting,
The power TO I'LL the vacancy which occurred in the re-
cess-"ere moi IN any manner descriptive OF the legisla
ture OF Maryland in lsio which assumed the right OF
| .Iu Mr. 4. a
answer 10 its requirement is that which will assemble at
Annapolis in January, 1852.
Upon the general question may be said in conclusion
that if the Senate OF the United States is willing 10 in
eIpfe tie constitution IN such manner to justify this
anticipation Of vacancies, al what point does there eX-
isl limit 10 the power of the Safe legislature ? The
constitution OF the United States does not cay in express
words that senator must be elected by The particular
legislature within whose term the vacancy occurs. Ii
therefore, the words 'lhe legislature al its next meeting
are not designed 10 Indicate the particular Legislature
which shall make the election, there is limit the
exercise OF power which may be attempted and one
legislature may elect fifty senators, provided ii arahges
their terms in the fitting order Of succession.
tits hoped that the importance OF this question will
not be undervauel for the mschievous consequence
this doctrine OF anticipating vacancies apparent in
Maryland may receive illustration in other States 1t is
at least. singular incongruity in institutions if thu
first Legislature which could OF its act constitution
ally meet alter vacancy has occurred should find tina
right OF representation 10 which, in sound ant
policy, it would to be entitled, taken from il by
the poslhumous action OF its predecessor.
There is occasion to notice the slender objection tina
Mr.. Pratt has been sworn in. General Shields wal
sworn in, and his seat afterwards declared vacant
and Mr. Mallory, few days since, was sworn in, pend
Ing the reference oil his sh, TO his Il special
mtee,
MEMBER OF THE Mb. LrcIsLA1uREN 1850