The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-09
IN CONGRESS OF THE u. STATES.
Term OF SENATORIAL APPOINTMENTS.

and tbereupon
oSs onyhi 10 be considered privileged question.
mink we ought to dispose OF the question OF The right
OF the member who has Just lett these Credentials TO be
road TO retain his NOW, sir, heard the report ot
the Committee on Judiciary read tue other day, and
/ confess that | do not eaneur In one CONCLUSION to
which that committee came and il the Senate will not
concur in it, the present member will be entitled 10 re-
tain his seat until there acceptance by proper
person OF the office conferred upon hum would move
therefore, lake up that report, with view 10 decide
the question whether Tue gentleman Is enlfed 10 retain
Mr. BUTLER | hope the Senate will allow me to
say word by way ot ,X, ,a ation OF that report. do
moi know that necessary 10 lake up the report, but
il is necessary, perhaps, thai 1t should be explained The
view which entertain upon the subject and that which
thiHk prevailed with The members ot the committee
who were present. TINS that at the next ensuing
sion OF legislature after executive appointment has
been made, II becomes tue duty OF that body to nil the
place oil The member sitting under executive appointment
WELL sir am OF those who believe that place can
not be filled until the person elected is ready 10 occupy
the piace;o fill the seal, II you choose TO put 1t literally
or, hsuratvely, to accept ite commission.
That is my opinion Well, 81, ordinarily, the member
elect appears with his credentials his hands, and pre-
sens them through another member. That is an ex-
pressed acceptance ana invests hun with the night to
occupy his seat. la oh-r cases he may send them on
here himself; and when he sends them here himself
it OF expressed acceptance upon his part oil
The office rendered hun by tue legislature. Here, how
ever he does not send them himself, but sends them
through the executive n-e the expression sending
tAem for il 10 eiha they are sent through the
e1ecuve-lhats my view oi ihe subject-lha the execu
then undertakes 10 be his agent in other words he
authorizes the executive to send the here, or they would
not be sent and say governor ought to send creden
As here OF his own accor without consulting the mem
Der elect. But have sac-and SO far the report goes
aud furher-tha when they sent under such clr-
cumsances, there is strong implication that The office is
accepted-aT implication 'a may be controlled and re
buted BY evidence yield tnat far, sir But when there
is nothing said bur pape's are sent under The authority o
the executive who ha te principal control over them,
hold it prtna tas evidence OF an implied acceptance
the Olc aud at the party who has been elected is
uhorzed and entitled 10 I'LL the seat, in accordance with
The constitution. from tLa and from the time he
entitled to fill II BY accepting the Office, the other Is d.
vested OF a sitting members rights.
Now, sir, this question comes up IN this way These
credentials sen, 10 the sitting member, win author
iy present them il he thought proper, or to hand them
over TO Mr.. RANTouL. II he were here. But Mr.. KAN
TouL was moi here receive them, and The sitting mem
were not to present hem he might IN some measure oc
cupy BY usuIpaiion seat 10 which, by possibility, he
not entitled and therefore approve the decacy OF
his course and should have certainly done he did He
did the honor TO consult upon the subjects for Mr.
RANTouL has been elected now tor nearly "A week, and
yet there been perfect silence upon the subject OF his
acceptance; and considering tue matter that the executive
gave peTemptoy orders instructions 10 The senator to
present these credentials, regarded ii authority upon
The part OF the member elect 10 do so. Now, sir. am
somewhat embarrassed, because want TO know whether
this gentleman has accepted the office or not But do
that, whether he Is here not the governor
has given this strong implication that be has accepted he
entitled TO occupy the seat or Ia other words, TO take
upon himself the office and mmunities OF a senator.
think SIR that il would be unsafe 10 say that the creden
,als here read this occasion did not constitute and i'm
ply such acceptance
: Mr. DAVIS, OF Massachusetts Mr. President, | rose
10 ask the attention of The Senate 10 this subject at the
time that The senator from Kentucky and my
purpose 10 offer resolution upon the subject. 1t
seems to me- sir, that ought TO have some more dis
tnc definite and certain rule upon this subjeci than that
which is presented in the report OF The committee My
purpose in rising, therefore, TO offer resolution to the
Stn establish
IN doing this, ought 10 state that this done without
conference or consultation with my collezgue and, so
far as know his mind upon the subject believe un-
dersand very well that would no, be his desire wish
that, personally on his account, any movement or
steps should be taken TO establish any rule OF TO change
lar winch e h. Sa. u any he1e
is one that has been somewhat embarrassing 10 him.
all the Senate He owes in The first place,
duty to himself, and would not wish be thought 10
desire 10 bold seat here for few DAYS On the other
hand he owes duty 10 bis State, which he feels under
obligation hot to rellnquish unnecessarily. In this state
oi things he has thought proper the alternative Of
Tered TO him by the secretary of the Commonwealth oil
Massachusetts, 10 present the credentials oi his
sor. In that he has done, | think, entirely right IL
would accord entirely with my judgments nevertheless
has struck me from The beginning, that IL is very des
rabe al this moment TO establish some rule that shall
guide us IN all cases which may hereafter arse. My
reason Tor That ls that this question arises now under
circumstances that are favorable There is personal
feeling, so laras am aware this mater nor there
any iesDg OF par,isansbp. The question may be set
utd, therefore, according 10 The deliberate judgment of
The Senate; and with view to accomplish that object,
will send 10 the Char a resolution which have dra wn
up Tor that purpose
The resolution then read follows.
Rs'o'r9, That appointed by the executive OF q
Stae 10 h vacancy entitled hold bs seat until the
senate Is satisfied that Is elected and
oped The Office provided such election and acceptance
ake place during the session OF the legislature held
alter the vacancy and that sucn sccepa"ce ought
not 10 be inferred from tho presentation tue Senate
ol The Credentials OF the newly elected senator.
Mr.. RHETT. Mr.. President, | hold in my hand The
constitution oil the United States, portion OF which beg
eave 10 read TO the Senate:
Aud q vacancies happen, by resignation Otherwise
ouIg e cess Of tue legislature OF any State. the
i've thereof shall make temporary appointment until the
nrht meeting Of the legislature, which shall fhen ill such
vacancies"
could hardly suppose there any ground for differ.
ehee with respect to the meaning OF ihi. clause Of the
constitution, so PLAIN does appear 10 be. The appoint
10 De Temporary, and ia 10 be only until the next
meeting OF the legislature. The word "hen" clearly
SHOWS that this is the meaning OF the constitution
winch Chat Is the legisature) shall then" uhat is dt
uo tme, he Time OF the meeting OF the legslaure) I'LL
scn vacancy being thus made the duty ol the legs-
aufe al lhe time o the meeting ol the legislature TO I'LL
pe vacancy, tue aIpoIntee oil the executive OF the Stale
cannot eonstiiuuonay be in the occupation OF IT, His
commission can only run until the meeting OF the next
fgsalure,' Now, sir, know that the practice has
oeen entirely different in this body. Construction has
aseh lhe place OF the simple meaning oil the constitutions
ana senators have been allowed TO hold their places
e, executive appointments until they have been super
.eaed hy The election OF the Stale legislature. But recent
events have occurred in several OF the States 10 show
a ,hls practice may be very great abuse. In case the
.esa'ute OF State unable 10 elect senator in
sequence OF difference 10 the political opinions OF his
legislative constituency, be may hold here for
session OF terms.
Several SENATORS. No, no; the next session ,ermi.
Al ntt,&