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

election and upon the eompars OF polls and the fact
being declared that he is member 80 III - the case
on cannot 90 behind The commission the table aud
ray ne haps Mr. RANToUL will not accept perhaps MI
RssroUL 10 not OF the requisite ehsi. Mr. RAS
TouL is foreigner and IS no. nau'ah1ed These qnes
lions you cannot raise upon the commission your
table They are precuded by that commission you take
il for granted that he possesses the necessary qualhca
lions Of age. residence, citizenship and likewise that he
has accepted
The appointment OF the governor is not limited the
OF the session, and there is nothing on
the face OF The constitution showing that 10 limited
If he has right put person 10 hold ioeum iersas
until the legislature shall MI the vacancy is evident
from the Of the constitution then Nj. Winhrops
perod of service was legltimately continued until the
Senate was informed by The authority OF the reat seal
that the Massachusetts Legislature had elected person
fill the residue OF the ,eIm but after that term he
ought not 10 discharge the duties OF the Office The con
sliluon shows that never intended by It's trainers
that person should represent Stale in this body # IL
could be avoided unless ne came here BY an election on
shows that election is to be preferred TO executive
appointment. and you ought to put such construction on
the legislation OF the country would give authority
those appointed. according to the provisions of that in
slrumen by The very fountain OF power-the legislature
elected by the people, and II you were 10 continue Mr.
Winthrop. alter being officially informed by the great
seal of the State that the Legislature of his State had
made such election and appointed an officer to dis
charge the duties of senator, you would be acting in
violation OF the spirit OF institutions, by continuing
in office individual appointed by man. and allow
ing him TO exercise powers, when the persons possessing
the original fountain OF power had shown their deter
mnaton tha, he should not be continued 1t is well
known that, from political associations, would much
prefer the continuance Of the present and sitting member
to the admission OF the other But sill the great prnci
pies OF the government much more dear TO than
men And these the principles which in the time to
think ought to be carried out as they are proposed
TO be carried out BY the report OF the committee hope
therefore, that shall reject the resolution and adopt
! Mr.. BRA DBURY. Being member OF the committee
that made the report apon the subject before the Sen
i IA nprh hans inVlp
remark, Of the members OF that committee has
expressed his dissent from the conclusions at which the
majority arrived. After the long debate have had
shall go into the general discussion Of the subject
Ii may be sufficient for 10 say that concur in the
report OF the committee. The questions raised i'm
porlant and hope shall have direct vote, and
lie, far can, the construction 10 be given that
clause of the constitution which relates to executive APP
pontments TO fill vacancies nlhe Senate
scented the propositions that have been discussed to
the time when The Office Of person holding under
tive appointment. TO fill vacancy in the SENATE happen
ing by resignation otherwise during the recess OF the
| legislature OF any State terminates.
/ The first is, that il terminates the first day Of the
next meeting Of the legislature OF such State This is
the position of the senator from South Carolina, Mr..
RHETr,] and intended to be presented by his amend
the resolution OF the IRON Massachusetts,.
(Mr. DAVIS
The second is, that such office terminates upon the
presentation the Senate, during the session Of
such legislature, of the credentials of the member elected
TO fill such vacancy This Is the position maintained IN
the report of the committee.
The third is that il does terminate until the
Der elected TO fiji the vacancy is present to take his seat
This is the position embraced in the resolution OF the
senator from Massachusetts, Those in favor OF the
port of the committee will therefore oppose both the
olution and the amendmen-,he tor going too lar,
and the other for the opposite reason.
single consideration appears to me to be Conclusive
on this subject The language Of the constitution Is, II
vacancies happen, BY resignation or otherwise, during
the OF the legislature OF any State the executive
thereof may make temporary appointments until the next
meeting OF the legislature, which shall then I'LL such
canccs." The Limitation expressed by the word "uniT
applies the making OF the appointment by he executive,
aud lis duration The executive can fill vacancy
the day preceding the meeting OF the legislature as
well he can the month preceding And II he can on
the day preceding would follow, according TO the po
s,ton Of the senator from South Carolina MIR. RarTT
that the Office would be vacated the 1t hlled
This subject is OF practical importance to distant
Saessuch, for instance, as California. where would
require considerable time Tor the member elected by
the Legislature 10 I'LL vacancy 70 reach the Capitol and
take his in the Senate, during all this lime such
State without any neglect OF its own. mus, be deprived
Of its just constitutional representation, il the cons,ruc
lion OF the from South Carolina is correct. On
the other hand appears 10 to be gong TOO far, and
opening the door 10 grea, uncertainty We disregard the
presentation OF the credentials OF the member elected By
The legislature TO fill the vacancy.
The ground taken IN the report OF the committee is sus
tanned by precedent 1t in accordance with the uniform
practice OF the Senate in the many that have
and think II safer to stand by the reasonable consuc-
ton that has been long sanctioned after mature deb
Grafton.
Mr. BERRrEN Idesire to say one word. The chair,
man OF the Committee the judiciary has advefrd 10
the fact Of my not being present durog the discussion
upon this subject in the committee and be minated, II
appears unnecessarily, that II the argument which
nave presented to-day bad been presented IN the com
mee ii would have had very little influence regret
this, because It imposes upon me the necessity OF vnd-
eating that argument and of saying that II II would
have had rle influence that would no, have been eyi-
denee that the argument totally valueless.
| have put The opinion which have expressed Oh this
occasion chiefly upon this grounds have not entered into
discussion OF the subjects which constitute portion
OF that report with OF which agree But the in.
curry which put 10 the Senate, and which has not been
answered yet his The power gwen TO legislature
is power to fill vacancy-not to appoint successor TO
an incumbent Now, then, if the vacancy does moi
exist upon the meeting OF the legislature, does not
exist at the time when election is made By The legislature
And in order 10 make vacancy exist al the time hat the
election is made by the legislature the commission OF The
appontee OF the must terminate upon the meet
ing OF the Legislature.
II is said that this man is a ioeum tsnenS OF whom
When speak oil tocum enens, the proper sense OF
the term speak OF substitute Tor actual incum-
bent, In this there is incumbent the predecessor
bad resigned and The not elected by the legs
laure OF whom, then, ia he the ioeum tenens1 Sir he
senator OF the United States, sitting in his own right
armed with all the privileges of senator OF the Unlted
States, and authorized to perform all the duties OF sen
aor. He is the foCum kntas OF man, for there ~
in OF whom he be such iotum ienens.
Neither is he the holder OF particular estate liable to be
terminated by the rising Of estate In remainder. He
is the holder Of senatorial appointment Tor the term
which is limited by the constitution, by The meeting OF
the legislature that Interpretation being rendered nds
pensibe not merely to give the ordinary Interpretation TO
the words until The meeting OF the legislature" but for
the purpose OF creating that state OF things in which
tha can p1e.