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

ment to fill. the vacancy temporarily and that appolnee
DIES or does not accept he may appoint again Suppose
he DIES or doe, not accept the may make another
appointment and keep on making appointments from
Time TO tme up 70 The renod OF The next meeting OF the
Legislature. The constitution declares that the legisla
tuie shall then fill the vacancy II This be the true con-
| stiueton OF the constitution, where do we find
selves The governor OF Massachusetts has appointed
temporarily to MI vacancy The Necessity OF making
appointments has not devolsed upon him. The seat is
now hlied by his appontee. The legislature has met
and they supplant The sitting member Now, the Cover
nor having appointed does not the seat filled until
The leg saure may see proper TO exercise It's power and
fill II BY virtue OF its appointing power II seems 10
70 be So contrary to wha, were my first impressions on
reading the report OF the Judiciary Committee These
are clearly my views, and felt my duty throw out
these suggestions that they may be considered by older
Mr.. BOkLAND. desire to say a word or two upon
this question before give my vote upon it, ! was very
much pleased to hear the expression OF the views Of the
OF the words Of The constitution, independent Of preCe
dents underrtand the xisw ql bs Chair n ~, thai.
apart trem piecedens, the meaning OF the words o He
constitution 10 limit the right OF the sitting member
The time when the legislature should meet That the
view that have entertained all along, and which | am
very much in hopes the Senate will adopt II it be true
that such would be The meaning of the constitution, and
ought TO he held TO be the meaning OF the constr
luton. independent OF precedens. | think that il is
time that precedents however long they may have been
established and however numerous The instances in
which they have been reafirmed here, should be sci
aside and the true meaning of the constitution set up in
the place of them.
do not deem it necessary TO add anything in the ex.
pressloh OF my views TO those presented by the
from South Carolina iurthes from me- Mr.. RiiETr,]
coniers upon the governor of the State the power TO ap
point to fill vacancies, except to show that think the
views OF the senator limited too much this partcu
lar clause instead OF looking for the power conferred
upon the legislature of the State to elect to the Senate
The authority by which the legislature elects member
OF this body is conferred by the first clause OF section
three OF the first article Of the constitution:
The Senate of the United States shall be composed OF
two senators from each State chosen by the legislature
thereof for six Years."
There is the power conferred upon the legislature TO
elect senator in this clause This other clause merely
recognises and enforces the duty of the legislature do
the very thing which had been made its duty, and the
authority to do which had been conferred by preceding
article OF the constitution. think distinction ought 10
be drawn here between The power conferred upon the
governor and the duty exaced from the Legislature
The question divides itself two parts very distinctly
exacts OF the legislature the performance of duty,
under authority conferred by another portion OF the
constitution the other provides for a where is i'm
practicable for the legislature to perform that duty by
making it the duty OF the governor temporarily to per-
form IT, think there sgreat force in the argument pre-
sented by the senator from South Carolina Mr. RHErT,
IN regard to the Interpretation which one portion OF
the constitution gives TO another He refers TO the clause
OF the second article OF the constitution, which coniers
upon the President the power to fill vacancies during
OF the Senate presume that the trainers OF the
constitution knew what they about, and used Just
such language as would best give Their meaning. These
Other and enable lhink 10 understand the meaning
OF the terms used IN each Case La the first place, 1t says
eSpessy that this power conferred upon the governor
shall continue until the first meeting of the legislature
In the other conles upon the President the power
OF appointment, be time OF which shall continue till the
end the OF the Senate II the trainers Of
the constitution had intended TO confer the OF
power each case they would have used the same
terms-tems equivalent TO each other in each Bu
find them using very different in the one case from
what are used in the other In the case, they say
" until the next meeting OF the Legislature" in the other
they say until the expiration OF the next session of
The senator from Wisconsin [Mr WALKERl present.
ed view OF the subject which struck with great deal
OF force but seems to me that he failed TO carry out
his view in It's application He said that the appointment
by the governor and The election by the State Legislature
were TO accomplish the same purpose-to fill vacancy
which had occurred Now il the power OF the governor,
according 10 his view, extends until the sature shall
perform this duty met with This very curious pre-
dicanent in which We would be placed: The governor
would appoint, as in the c~se OF The from Massa
chusetts the Legislature meets, and fails perform
duty for long period after its meeting the appontee of
The governor is here IN his seat and dies resigns.
Now, IL The power OF the governor extended even be-
yond the time which The constitution mentioned would
give hun power TO appoint, although the legislature
might be in session because il his power in its effect,
extends beyond The time prescribed by the constitution
the power perform the act also belongs him-tha is
the governor- think The authority 10 hold the
not extend, seems 10 me, beyond the lime OF the pow
er which conferred II. The governor had power aud
authority under the constitution, and exercised that power
up toa certain period, and then all admit that he
loses that pow at that period. Ii follows then, as
matter OF course that the effects OF the power that he
ercses must terminate at the time; and the person
holding under power conferred upon him ex-
ercse tha, authority beyond the extent OF the power
conierring IT.
Mr.. RhETT. | move TO amend the resolution offered
by the senator from Massachusetts by striking all
after the word R,sopei" and inserting the following
"Thst senator Iol ing a by the appointment Of
the executive ota State only fill the unul the
meeting of the legislature thereof which time
devoves pom the legislature of the State m vacancy
then extsttng
Mr.. RUSk. | desire TO say very few words upon
this subject, in justification of The that propose
give upon it, take for safe rule that, in nsderng
what the trainers OF the constitution meant BY any
capable of that construction, 10 carry out the
object oi the parties in making OF them. Now, |
take II for granted that the object Of the article in Me
constitution in relation 10 The election appointment OF
senator's to have The Senate OF the United States
hled'o keep each State represented in this branch OF
the government:
"The Senate Of the United States shall be oompo,ed Of
from each State chosen by the legislature
thereof tor the term of SIX years." NC.
This relates 10 the original appointment. And then
there II the clause in relation 10 vacancies
"And if vacancies happen by resignation Otherwise
during tie of the legislature OF any State the
tive thereof may make temporary appointments un1 the
next meeting Of the sgsatnre, which shall then III such
vacancies" !"
Then the power of appointment vests in the executive
OF the State provided the vacancy shall happen during
the of the Legislature. How that 10 be super
seeded That is clearly appointment; and an Individual
holding his upon this Hoor under the provision OF
the constitution, under executive appointment IL
much member OF the Senate elected by the legis
ature How is that term OF service TO be concluded
He comes here senator. The honorable senator
.ho whom discussion has arisen here