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

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conclusive implication OF the acceptance of the ndl-
yidual 10 have his credentials presented here Look
back at former instances and il there is single
IN which the credentials have been publicly read from
desk where the person invested with the authority has
previously accepted the office venture 10 say there
is not Now, sir if il is uniform practice, was very
well warranted IN saying that report think that upon
the reading OF the credentials here coming from State
the recognised authority Of State the acceptance OF
the individual might well be implied; and say il may
be implied from The fact ha, there has been no instance
IN winch an acceptance has been implied from the
| reading OF the credentials.
Mr. DAVIS OF Massachusetts, | wish to add but a
word or Two IN support OF the rule which is proposed TO
be established by the resolution the state.
msns which have been made in regard to the con-
Is very clearly susceptible of the construction proposed
TO be put to II by the honorable from. South
Carolina, lslr RHErTl and II is also very fairly
susceptible oil the construction given to II when the
subject was brought up in the OF Mr.. Smith, Of
Maryland The Senate has acquesced for long period
OF years n that decision which was made al The time
his before them 4 think, therefore, The con-
strucon of the constitution for all purposes of that
ought to be considered as settled It harmonzes, il will
be perceived Mr.. President, with the convenience and
with the rights of all parties The design of those who
framed the constitution that there should not be a
vacancy. The terms employed by the trainers of the
shtutIon IN authorizing the executive OF the State 10 fill
the vacancies, 60 TO show that the design their part
to have the filled in the Senate order that the
State should not lose its right OF representation provided
elected person 10 I'LL the place the after
the vacancy occurred.
Now It is very fair construction of the term " meet
tns TO make 1t identical and synonymous with the term
" session. The place ls to be filled until any period
during the session OF the legislature when eec.
lion shall be made That fair construction Then
what ought be the rule esiabshed2 Ought the party
be dispossessed Of his seat upon the presentation here
OF the credentials sent through the mail think not,
because the whcle purpose OF legislation and of the fra
mers OF the constitution may be defeated by it, When
find the term filled" in the constitutions am bound to
suppose that il means that the seat Of the member shall
be hlled by person competent to sit there. am bound
to suppose that the trainers of the constitution and
intended that the legislature should exercise its power
as to comply with I. at instrument
Now sir, suppose they sent person here that in
competent by reason OF incompatibity with
stitutlonal compliance: suppose there want OF
citizenship. or want OF the proper agehese both ad
mtted reqalsl!esand you have certificate announcing
the election OF the person that is incompetent fill the
station what evidence hen have that the legislature
has exercised ITS power in the way and manner which Is
contemplated by the constitution The Senate itself is
TO be the final judge OF that question But. sir, they
ought TO have proof that case, beyond The mere
introduction Of the certificate that the place occupied by
the sitting member IS vacated because il filled by the
constitutional action of the legislature having power TO
appoint
Now am not disposed TO draw that in question here
in this al all am not disposed 10 make it ques
ton that The individual who elected here entirely
competent 10 fill the station have every to be-
eve that he is but, at the time, when | am
acting upon question establishing general rule for fu-
ure action, am Obliged 10 suppose that such cases may
exist as the trainers o the constitution have provided
gainst, and that they may come here and that
cate is by conclusive evidence that the place
is filled by such election as The constitution requires
Well, then, what rule will you esiabsh' Wy, sir, if
you pass the point OF the meeting OF the legisature
you give construction which is proposed both prac
lice and accordance With the constitution, gen.
emen here coatend-it you pass the point OF meeting
then where will you STOP and where shall the duties
the sitting member end | apprehend II will not stop
upon the production OF the certificate but upon
dencesome proof al least that the party elected has
cepted the place, and has so far complied with the
stlsuon That the resolution which sent to the Chair
proposes 10 establish
Mr. HALE 1 would not have risen, Mr. President,
1 has ad ed
what think upon this subject IL strikes me that this
not question Tor the Senae TO entertain at all. Ii is
treating with OF courtesy and respect the State
that has sent this certificate here. The constitutional
authorities OF the Common wealth OF Massachusetts, have
certified tina, they have elected TO nil the in
the Senate. What does that moan Why II means
tha, they have done everything uer the constitution Of
the State OF Massachusetts and the constitution OF the
United States that necessary TO entte the individual
whom they have designated TO take his seat here and
now the Senate proposes TO tell Massachusetts that they
did not understand their duy-tha they have not elected
Mr. RAsTouL-lhai probably there IS acceptance on
his partba he will not accept does not accept, and
not in situation 10 accepttha he Is oil In The w est
making speeches, and cannot accept Therefore we say
10 Massachusetts 1--WE will disregard the evidence you
have sent here tnat you have elected senator; we will
treat nullity; will overrule IT. We will hold
you in suspense; know better than you you have
not elected Mr. RANTouL, and he has no right to seat
upon this floor until he is known 10 have accepted"
That is treating the State with great want OF courtesy
and respect, II seems 10 me. presume everything IN
that certificate presume that they have elected
man, and that the senator elect IS man OF TIE same
OF flesh and blood that every body and there bas
never been elected 10 the Senate that has declined
10 ACCEPT [Langhter Therefore 1t entirely deTog-
aory Massachusetts and disespectfu TO Nlr RNToUL
TO suppose that he is anomaly among mankind, and
will not accept this election.
There is another thing TO which will call the atten
ton OF the Senate find upon the 3ls page OF ilck
ey's edition OF the Constitution certificate OF MIR.
Buchanan then Secretary OF State, that this copy is cor
in text, letter, and punctuation WE'LL sir, take II
that so And To affect any great Learning above all
the of MANKIND, want The Senate Just TO look at
this clause OF the constitution which has been often
referred day. and what the adverb until" quail
i6es it strikes that qualities the word make; and II
that be the true grammatical construction OF the sentence,
il means this The executive may make Temporary ap-
ponimens until the next meeting OF the legislature, and
then his power kgone he is tnneus ottco, so Tar as
this mower is concerned His power expires 10 make ap
ponimens the moment the Legislature meets, and then
the power vested nihe legislature, because the consul
tuition says, which shall then till such vacancies aud
this until" does not relate 10 the continuance OF The
man in office, but simply qualities that the power Is to
be exercised by the governorhat is, until lhe egisa.
ture meets and Then the power is vested IN the elsa
ture That, II strikes me, rs the true, conmon-sense
fair, grammatical construction OF the constituon-tbal
Z" until" qualities +" make" and merely shows that the
power OF billing the vacancy goes from one to the other
the moment the legislature But does not follow
that is incumbent upon the legislature to make the ap
poR,meit on the first day When they have met, that
moncnt the power vested in them and when they have
sent the evidence OF such action have no further
duty to perform.
The senator from Massachusetts suggests that they may
send somebody here who dsquaiei point OF ciii-
zenship Did not we have OF tha, kind IN the
senator from Illinois, (Nlr SHlsLps y And what was the
course which the Senate took They took the authorl-
ties OF Illinois evidence that he qualified; they
tha aafh md hm euf nd hen.