Weekly national intelligencer., 1851-02-08

do If State does think proper to elect Sc
naor does not follow that to strain the words OF the
constitute, ~, and continue seat which he holds by
Executive appointment when power only given 10 FL
the yacane until the next meeting OF The Legislature The
constitution does not say until the Legislature shall " ad
ourn," but until lis meeting That is the limit agree
with the Ser from Massachusetts, that is appropriate
should settle the question upon this OCCASION sPpears
that nght settle by reversing the precedents which
have been heretofore established, and back TO the plain
unquestonabLe words Of the constitution.
Mr.. BUTLER There is authority in relation to this
matter and yield TO the force of the authority This sub
sct was well discussed in lsO9 in the Of Mr.. Samuel
Smith, of Mary land yield fully to the reasoning in that
case and the authority OF it. ask for the reading OF the
report Of the committee in this case.
The motion TO take the report was agreed to- and the
report read as follows
The Committee on the Judiciary which referred
resolution directing said committee TO inquire and report at
what period the term OF service oil Senator appointed BY
Executive Of State during the OF the there
rghu expires have had the under consideration
and report
the construction the article section Of the Con-
stituton the United States which provides that
happen by resignation otherwise during the OF
the Legislature Stae the Executive thereof make
temporary appointments until the meeting OF the Legs
laiure, which shall fill such vacancies "
Your committee OF opinion that the sitting member
der Executive appointment has right occupy his seat until
the vacancy shall be filed by the Legislature OF the State OF
which he Senator during the meeting thereof To
mn ,fsa M s be
your committee further OF the opinion that such accept
should appear by the to the Senate OF the
credentials of the member elect other official information
the fact which time the Office of the sitting member
terminates When the member elect present and ready to
qualify his express acceptance is at once made known and
when his credentials presented in his absence his accept
may be fairly implied.
Ths, % %s Are Are Senate Journal 81
where question settled after debates by the adophon
on the 9th osJsS-, Of tbs following resolution %
pointed by the Executive of Maryland to fill the vacancy
which happened the Office Of Senator for that State . en
to hold his in the Senate Of the United States during
the session Of the Legislature land which, by the pro-
camaton of the Governor Of said State to on
the sh day OF the present month Of unless said Legs
aure shall I'LL such by the appointment OF SENATOR
and this Senate be officially informed thereof" s' !.
The precedent in this has been uniformly followed
from that time TO the present. in the many cases that have
arisen involving the same question.
The PRESIDENT The question is on the resolution of
the Senator from Massachusetts, (Mr. DAvIs)
MIR. CLAY Upon the first reading OF the constitution,
would be apt to TO the conclusion announced by
the Senator from South Carolina (Mr RHErT) just now.
But think upon careful and critical examination of
the constitutions it will be found that that first impression
erroneous. The constitution says that
If vacancies happen by resignation otherwise during
the OF the Legislature OF State the there
Of may make temporary appointments until the next meeting
Of the Legislature which shall then fill such vacancies
Now, what to understand by "the next meeting
IF the Legislature Is it the moment the Legislature has
and has organized BY the appointment Of officers Ac
;ordng the strict and literal Interpretation of the consu
ion unless the Legislature that time, Instant upon
heir organizations to make the appointment they would have
power make it. The ssmeetng Of the Legsa-
ure" them within the intention Of the constitutions
that instant Of lime which Immediately after their
organization, but the whole OF the succeeding ession-he
word meeting being equivalent, according to concep
ion of the constitution, with the word session. Then,
during the next session Of the Legislature they do
what To fill the vacancy which has been temporarily filled
BY Executive appointment The vacancy is to be filed
How it to be filed By The first is the ap-
pontment of the Legislature and the next is the acceptance
Of the person appointed because it requires two parties
constitute electonthe who is elected, who has
accept and the eectng power Then the question arises
what shall be deemed evidence Of the acceptance of the
office 1t is upon this point, and this point only, that
differ with what consider in other respects the clear and
tisfactory report made by the Judiciary Committee Now
the acceptance may be either express implied.
If the Senator presents himself with his
dentas aud offers take the b. there accent
IT he transmits the credentials to be laid before the
Senate, there H. if express strongly implied accept
of the Office But what is the state OF fact before
now The Governor, perhaps without much reflection,
thinking it part Of his ordinary duty, transmits the creden
tals here. He does not state, understand that he had
any evidence of the acceptance of the gentleman elected
And this point differ from my honorable friend from
South Carolina, (Mr BUTLEn.) do not think you can
the Governor into agent for the person appointed
and consider the person having accepted by the mere
fact OF the transmission Of the credentials here In that
respect cannot with my honorable friend think
evidence whatever of acceptance II evidence only
of what the Legislature has done, which the Governor thinks
proper make known 1t is evidence Of either
press implied acceptance. We have evidence before
us of the acceptance Of the party.
Sir might 60 into the facts in relation the position of
this gentleman which well known through the newspa
pers heard this morning that he delivered lecture
time in January Springfield, in Illinois and in
formed through the ordinary channels Of communication that
he is absent and distant from Massachusetts, Possibly he
may yet have heard of his election At all events there
nothing either express implied, from which his accept
be deduced In the absence Of it, think the Sena
who holds by Executive appointment has right hold
the seat
The PRESIDENT. The Chsr will beg leave of the SEN
ate state how this matter progressed At early period
after the meeting Of the of Congress the Senator
Massachusetts, (Mr WINTHRor,) well the Senator
from Ohio, r. EwIse consulted with the Chair the
proety Of their retaining their seats after the meeting Of
their Legislatures. have hesitation in saying that
if the question one, should decide promptly that
the meeting Of the Legislature their ceased but the
precedens of which has been read from the formation
the Government, show that the appointment by Governor
where vacancy occurred-a temporary appontmen-was
considered by the Senate Of the United States hold good
until the Legislature met and proceeded 10 election fill
the vacancy, adjourned without filling it, In either event
the seat of the temporary occupant ceased The right
occupy expired.
Ia conformity with the precedents therefore, stated to
those gentlemen that considered they would be entitled to
hold their here until their Legislatures either elected
adjourned without eectDg that either would their
that when the credentials Of their pre-
sened the certificate of the Legislature having made the cleo
ton was such official evidence that the individual appointed
by the Governor longer TO be considered Senator
from the State, and from that his right hold his
seat expired
As to acceptance, have mode Of obtaining know.
ledge Of acceptance is thing that has been