The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-12-10

tenure OF the Hon Thomas O. Pratt as senator OF Mary.
land from the ath March, 1851 II Is understood that
remons,ranee OF formal character has been addressed 10
the Senate OF the United States on this subject and il
may be proper therefore, to adduce further argume, in
maintenance OF the views therein taken.
IL Will be remembered that the question u.s. whether il
was competent for the legislature of Maryland on the
10Th OF January, $780, 10 elect Mr. Pratt for term which
commenced the 4ih OF March, 1901, in The recess OF
The legislature. The clauses OF the constitution OF the
United States applicable TO the question read follows
The Senate OF the United States shall be composed OF
two senators from each State chosen by the sarure
thereof for six years and each senator shall have one
vote,
Immediately after they shall be assembled in conse-
quence of the first election, they shall be divided as
equally may be, into three classes The seats of the
senator's OF the frs class shall be vacated al the expa
ton OF the second year. OF the second class the exp
ration OF the fourth year and OF the third class the
expiration OF The sixth year. that oneihrd may be
chosen every second year And if vacancies happen by
resignation or otherwise, during the of the legsla
ure OF any State the executive thereof may make tempo
rary appointments until the sext meeting OF the legisla
lure, which shall then fill such vacancies"
The session of the legislature OF ls49. by which this
election of Mr. Pratt made, ended by The constitu
ton Of the State the 10Th OF March. 1850; and the
vacancy occurred by the expiration Of term in the
created by this necessary adjournment. 1t must
be determined, therefore
l. Whether vacancy. by the expiration OF term in
the recess OF legislature, brings the within the
stituon.
O. Whether, if the executive has The right to I'LL such
vacancies when they occur, the legislature Of 1919 could
prevent the exercise of this power by making election
for the vacancy which WAS 10 occur in lis recess and
this inquiry involves the asceainmen of the particular
body BY which election should properly have been
made.
Some have asserted that "the expiration OF a term" is
not among the which intended 10 be covered by
the word OTHERWISE" in the part OF the constitution
quoted but both argument and precedent show that this
view altogether erroneous and, as opposite opinions
have been somewhat hastily given by those friendly TO
the tenure Of Mr. Pratt is proper 10 note The OF
the construction adopted and the precedents by which il
is supported.
Ii the purpose OF according the executive oil State
the power OF filling vacancies which might occur in
the OF Legislature was only to prevent an ncom
pe,e representation in the Senaeand this power accues
upon resignation, DEATH such acceptance OF office AZ
vaca,cs seat, would be singular if it did not also in
cude the plain of vacancy occurring by most natu-
raj means--that is by the expiration OF term. The
point has however been adudicated in the Senate in the
OF Mr.. Sewer OF Arkansas, who, when his term
expired in the recess of the legislature, commits
stoned by the governor OF that Stale. II was treated
novel In The report that case though there were
record several instances OF like exercise of authority
by the governors Of States. For instance, the tern OF
Samuel Smith, OF Maryland, expired the 18th of
March, 1909, in The of the legislaturebetween
its adjournment on the 25th OF December, 1903, and
It's reassembng in June, 1909 He held under com.
mission frem the governor from the 4th OF March
1909, until November 10Th, 1909. Again John Henry
elected by the legislature Of Mary land for of
six years. beginning March 4, 1898, and ending March
O. 1901 He resigned james Lloyd, elected in 1897.
also resigned. William Hindman elected in his
stead. and served the remainder Of the term. On lis
piration, the Of the legislature, uhe legislature
adjourned December 10, 1900, and did meet again
until November 2, lsol) Mr. Hindman commission
ed by the governor and served until Novembef, 1901
These instances OF Maryland practice the prop,ety
OF which has been confirmed by the recent OF MIR
Sewer already quoted In addition however it is proper
TO cte as Instances al the right OF governor appoint
the expiration of term in recess OF The legislature
the case OF Uras Tracy, Of Connecticut in 1901 Of Jo
seph Andrews OF Tennessee, in 1903; OF John Condit
OF New Jersey in 1903 and OF john ilians, OF Ten
nessee in lsl7- all OF which illustrate the power
OF appointment.
Blu, il is said that this power OF appointment given
10 the executive be exercised oaly in The egsla
,ure did not provide for the vacancy. Why was il not
such was The true theory, extended cases in which
vacancies occurred in the actual session OF The legislature,
bu, which were not filed by that body II II was de-.
signed 10 remedy omission merely, this would have
been very obvious case for II has been abundanily
demonstrated in the practice Of the Stale legislatures that,
for political other reasons omissions 10 elect senators
for vacancies which they may properly supply often
cur The State does no, suffer less, at Whatever time the
vacancy happens and the theory set up BY those adyo
eating Mr. Patrs tenure that The object TO be accom-
plshed was the prevention OF a vacancy.
Again: IL the vacancy occurred in the recess, and a
session OF the legislature follows, and the legislature
that period omis elect, the executive comus-
sion any one temporarily, was settled in the OF
Kensey Johns from Delaware in 1921 yet if the object
had been 10 prevent vacancy merely, this power should
have existed.
Ii cannot be doubted from The adduced that the
governor has right to commission senator upon a
vacancy occurring in the by The expiration of a
term And independently OF authority, there is rational
Interpretation of this power in the governor, which
makes ii something more THAI remedy for The
neglect OF the legislature senator is intended TO be
The exponent OF the constitutional power OF the State.
II is therefore, eminenty proper that he should be
elected by legislature in being; Tor only then does be
REPRESENT the living political interests OF the State. When
vacancy will occur in the recess OF The Legislature,
every consideration OF wisdom seems TO require that
temporary representation only should be provided, until
such time az there should be legislature in existence 10
choose representative for the existing sovereignty,
ANY other system would result in ifeparsbe mischief
Suppose that Maryland, in 1919. had been utterly un.
sound on the slavery question: and bad elected fanatic
to hold for six years from the ib of March, 1851 and
that the legislature meeting after the recess, had enter
tanned opposite views in such case the whole wis
dom of temporary appointment by the governor, and
the election of by the next legislature after the
recess would be apparent. But il can require illus
,ra,ion TO show the evident propne,y of making the
senator r,ect,he opinion OF the State al The Tine he
frrs info Office