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

I
Ion y was very easy for It's rarners 10 have said SO
they nave said another article OF the constitution
relating 70 appointments very similar 10 senatorial APP
continents The constitution gives the President oil the
United States The power 10 fill temporarily vacancies 10
Office during the of the Senate exactly as the ex
ecuve OF Slate fills vacancies in the oflce o senator
during me recess OF the State legislatures The words
are as follow
The President of the United States shall have power
n al vaaahces that may happen during The recess Of
| stoa
Now the words are very different with respect to
tonai vacancies They 10 be filled by temporary ap
pG,a%hsnais ,as a he ner melting Of the legislature
winch shall then fill such vacancies" Surely such a
difference OF phaseoogy must mean very different things
The one expressly provides that the aPponiee to office
shall hold The Office until The end of the next session OF
The Senate - the other that the apponiee shall hold the
office until he nexf meeting Of the legislature" The
difference OF phraseoogy these two cases in The const-
Kentucky. making them to the thing, cannot
be correct The time for the election by the Legislature
seems 10 me distinctly decaredit is to be al the next
meeting OF The legislature, and the leg gsature is "sn
to fill the vacancy" The from Kentucky say
that this construction would make the legislature elect
Immediately me- Certainly ST. Is ! any new " hing I'M s, either
thata particular time is designated for the election OF im
porian officers The State elect Immediately, the
legislature did the other day in eecng the senator from
Michigan He was elected the very first day OF the
meeting Of the legislature. There difficulty about
it. say, il the State thinks proper postpone the cleo
lion, is her loss and the fault is hers, not oursthe
constitution having provided that she shall do it, Why
sir, the words not qualified They read shall
then l such vacancies" According 10 the construction
gwen on The other side OF the chamber there is indeed
no vacancy at all II temporary apPonlee fills the
seat when the legislature is in session, there is va
cancy for the legislature to fill According TO the strict
meaning OF the term, the constitution intended there
should be vacancy at the opening OF the legislature
and there being vacancy 1t should be filled by an ap-
ponment OF the legislature II the construction of the
The seat is already filled and the word vacancy" ought
not to exist there in the terms OF the constitution.
think therefore, under all the circumstances that this is
the plain, LITERAL sensible view OF the constitution; and
being myself always accustomed, by habit and rehechon
10 look to the plain meaning OF the constitution, and
avoiding, have always DONE all constructions which,
when begun, lmitless, | think we ought to
stand BY the words of The constitution.
Mr. DOWNS. | rise 10 question OF order There is
standing order OF the Senate that at o'clock to-day
friday private bills shall be taken up ;.
Mr.. BU TIER This is pr vileged question
Mr.. DOWNS ask il under that rule other business
must not give way, and that order be complied with,
when the hour of one o'clock arrives
The PRESIDENT, The Chair considers this priyi
legged question: inasnuch as the honorable senator from
presentation OF the credentials OF his successor vacales
his seat The question is, does vacate his seat and
the resolution is 10 ascertain that fact.
Mr.. SEWARD Tlse 10 say single word upon this
subject, because find myself unable to vote for the
solution of the honorable from Massachusetts,
lMr. DAvIs] as my feelings and wishes would persuade
me to do. II this was new question: should concur al
in the exposition o the constitution made by the hon
oIabe senator from South Carolina, tMr. RHErT.] and
the day, think, review the construction OF the
siuon acqulesced in so long, and which adopted
soon after The establishment OF this government Then,
suppose that, adopting the construction OF the con
stution which has heretofore been understood this seat
was filled by the person appointed by the governor
I'll the next session OF the legislature cannot adopt the
opinion that the expression OF the constitution de
signed close the of the person holding office under
executive appointment The fst day of the session.
in the first hour Of The session. The last hour OF the
previous OF the legislature because, should
unless the legislature should the first day the
very fret hour OF the session make appointment,
least make II the first act OF the TO ap
point senator, they would never afterwards have
the power 10 I'LL TIE vacancy. | Think The
irary, that the construction given 10 that clause of
the constitution by the honorable chairman OF the Com
mittee the Judiciary sound and correct to wit that
The appointment may be filled "a, any time during the
ssion Then the question arises What Is The act Of FL
ling the vacancy! Now, 1t strikes me that the Chair
has assigned the true exposition OF that act. The
Legislature had a duty to discharge, and have per.
formed that duty BY appointing OF eiecting person
10 hll the vacancy, and they 10 be presumed 10
aave ascerained The competency OF the quallfica-
lions oil the person whom they may have selected They
moi TO be presumed 10 have sent here person dis
qualified by the constitution from accepting ibe~pos'
signed to hitn they not TO be presumed to have
eced an alien-one who has not resided in the United
States during the constitutional period previous TO the
elections they not TO be supposed 10 have appointed
man who minor, or within the age inhibited by the
Constitution But, the other hand, it is due TO the
legislature and the State TO suppose that they have
tanned ,bat the person they have appointed was com
peent 10 NIL the place think, further IT is duty 10
presume ibat they have ascerained the fact of hs
cepance OF the trust for 10 be presumed that the
legislature have announced TO the Senate the appointment
OF person who has refused to accept about whose
ptance they entertained any question. suppose,
therefore, that the person appointed by legislature
from the day OF his appointment. senator IN the Con
uress of the United Sates-tha he TO be deemed 10
hold that office, and entitled to all its privileges The
time when he will accept, the time when he will enter
upon the duties of the office, question with himself
alone He may accept; but the State has dis
charged It's duty, and remains Tor only to wait the
appearance OF The seuaor. Besides desire 10 know. If
TO wait Tor an acceptance, how shall we define
what shall be act of acceptance There many
forms in which the willingness TO accept may be sgn
hed An exercise OF the ranking privilege would imply
a willingness to accept But if we wait tor actual ac
ceptance adopting this resolution must define what
shall be acceptance In my judgment, we are 10 pre-
that the legislature have sent here person qua
fled take his place. and that they have therefore, filled
the vacancy which existed from the moment tha, they
were IN session.
! Mr. WALKER desire 10 present views for the con
sideraton of the older members OF the Senate; Tor
think there is view of the subject which has not been
taken at ALL and that it is which, IL looked into, will
bring us TO proper conclusion upon the subject take
the term "unt" in the clause does not relate at all TO
the term Ter which the temporary appontee shall serve,
but is descriptive only OF two periods OF Tune, within
OF which periods the governor may appoint, and al
which the constitution ~ mandatory that the legls
laure shall appoint What is the reading of The cons
tuition
"If vacancies nppen by resignation, otherwise du
ring the Of the legislature of State, the Ekccu
thereof may make ,nPoery appointments until the
ne, meeting OF the legislature
That is as much to say that the Executive may make
Temporary appointments until such time as the lsgisla-
tnre shall next meet What is to be done alter that
timel Then the leg gsature shall "h such vacancies"