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

Mr. BADGER Very well--though the bill is all right
now, ~ i.
me amendment concuned in, and the bill ordered 10 be
snyrossed for thlrd reading.
Mir BADGER asked The unanimous consent oil the
Senate 10 have the bill read thIrd Time and passe
Mr. CHASE objected. -
NOTICE RESOLUTION
Mr. HANIlN moved that the Senate proceed to the
of Senate bill No 25, but withdrew at the
N1 RISK, who gave notice that on the morrow, or
oms subsequent day thereafter, he would ask leave
noduee oDt resolution to enable the Postmaster Gen
s,aI 10 contract the carrying OF the mail between Aqua
creek and the city of Washington
ORDER BUSINESS.
The PRESIDING OFFICER announced the special
order of the day. being the unfinished business OF yeser
NV TURNEY. move to postpone the prior orders Of
The day for The purpose OF taking up Senate bill No 900
beins bill to amend The patent laws desire to test
The sense OF the Senate upon that question IN some form
or other, and therefore susn,l nus motion
Mr. BALDWIN. would ask the senator from Ten
nsssee 10 allow me TO move for the unanimous consent
of The Senate TO take up and pass bill which will not
take moment. and which very important II is to
The right OF way the OF the custom lot in
New London, for the construction OF the New London
and New Haven railroad L IS necessary to ask this
during the present year. and II do not avail myself
Of the present opportunity may not be able to ask
Mr. HUNTER /. moi there question of privilege
pendiag Is not the unfinished business OF yesterday
PRIZES The PRESIDING OFFICER, (Nlr MAscum in the
char) The unfinished business OF yesterday is priv
Mr. BALDWIN | move TO postpone the prior or
ders for the purpose OF taking up the bill 10 which have
Mr. TURNEY. I think the motion that submitted
some time ago is still in order. desire 10 have test
vote upon this question IN some form or other.
The question being taken upon the motion to postpone
the prior orders for the purpose OF taking up Senate bill
400 il was agreed to, on division. follows ayes,
Ia noes not counted.
Mr. HAMLIN. Submitted motion some moments
since and supposed the Chair wond submit il to the
Senate proceed 10 the seaton of Senate bill 25l
subsequent to which several motions have been enter
famed
Chair that the unfinished business of yesterday, being
privileged question. overrdes all others.
TERMS OF SENATORIAL APPOINTMENTS.
The PRESIDING OFFICER then announced the spe-
ca order OF The day, being the unfinished business OF
The question REQUIRED upon the motion of Mr.. RHETT
amend the resolution offered by Mr. DAVIS, OF Nassa-
chusetts. #5#
Mr. HALE. move 10 lay the whole subject upon the
table.
The question beirg taken upon the motion, upon di.
vson resulted in The NEGATIVES as follows: ayes, IA
noes not counied
Mr. RHETT Mr. President as some friends have
suggested me- will modify my amendment, by insert
ing after the word thereof" the words when the APP
pointpen terminates 50 that the amendment viii then
read
executive of State uy fill the until the next
meeting Of the legislature thereof when the appointment
terminates; devolves upon the lcg sia
Of the State TO fill The vacancy me" exlstlng
Mr.. MASON followed in some remarks which are
withheld Tor revision
Mr. BALDWIN. AS the yeas and nays are to be tax en-
upon this proposition, will state very briefly my own
in regard TO it, concur in the construction which
has been put by the from Virginia, who has just
taken his seat Mr MASON upon the clause OF the con-
situton now under REVIEW GIVING TO the executive OF the
State the power OF making temporary appointments until
the next meeting of The legislature. believe, SIR, tina.
the word which Is claimed by some 10 limit the duration
OF the office merely has respect 10 the duration OF the
power in the executive He is al liberty 10 make the ap
ponments from time TO ime until the next meeting OF the
legislature Them there be- in fact, vacancy in the
seat, can fill II butthe legislative body. But, sir
do not concur in the view expressed BY the honorable
senator in regard TO the time when the vacancy shall be
deemed 10 be filled The object OF the trainers OF the
stulon Enthusiastically wasand that indeed, seems 10
be conceded by ALTO make a provision by which the
representation of the Stale in the Senate should at all
tunes be full The constitution had provided that sena
should be appointed by the State legislatures for the
term of six years. Whenever vacancy should happen
during the of the legislature, OF required
distinct provision IN order 10 enable the executive
Of the Stale temporarily to supply tina, vacancy and It
also required in addition provision to enable The legs
alure OF the State 10 make all appointment for the resi-
due oil the term because the preceding provision OF the
constitution required that the SHOULD be appointed
by the legislature for the period OF six years. and it
not for that provision which is under consideration
whenever avacancy occurred, the legislature would have
in their power TO appoint senator for the period of six
years But by this provision the executive makes the APP
pontment temporarily and il the duty OF the saiure
to Till the vacancyha is 10 appoint Tor the residue OF the
term. The executive by his appointment docs not NIL the
vacancy he appoints senator pro TEN. The limitation
upon the duration Of the office made by the word "tenpo
rary tie makes temporary appointment; but that does
mol NIL the vacancy The vacancy continues exist The
legislature, when they meet proceed 10 MI such vacancy
What vacancy The vacancy which occurred originally
the executive appointment has never filed,
is then, the duty OF the legislature fill the vacancy
But The legislature cannot fill the vacancy alone II
requires IN my Judgment not only the acceptance OF The
appointment By the individual chosen by the legislature
bul u requires the judgment OF the Senate the qua
cations OF the individual who is thus chosen, before the
place could be hlled. Another clause the constitution
makes thus bodynot the legislature OF the Stale, the
executive OF The Staelndge OF the qualifications OF Us
own members; and no man can be senator though
elected by the legislature OF bs State until he has prese
ed himself here with his credentials and been permitted by
lhs body either BY direct vote by the silent acques
eeace OF the body IN there be objection take
me necessary qualifications, and take his seat upon
being qualified The Iudgmen, OF the Senate is presumed
10 De passed IN every the qualifications OF per
VINO present themselves here Tor admission into this
body The Credentials presented They are read in
open Senate Ii objects, the unanimous sense of
The body Is that the party who thus presents him self IL
snhlled to take his seat the administration OF The oath
required BY the consultation, senator The Judgment
the body has then passed upon him He then becomes
senator m taking his seat But until he takes his
until he presenSbmsef here is the place filled which Is
occupied BY lhe Temporary appoin,ee of the governor
'he manner which the constitution intends IL should be
occupied The vacancy is not filled until the person
eonstiuonaly elected by The legislature, possessing the
necessary qualifications, presents himself the body, and
ihe judgment oil the body admitted TO a seat Then the
pace - hed think, therefore, that the resolution OF the
committee right so far "a goes, but that does not 90
Jar enough to meet the empated IN he con
rhat ,ptan