The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-12-14

FOR the Unioa
The Tsaurs or tAs as., Thomas G, Pratt.
MIR EDITOR observe in the lnellixencer OF Thurs
DAY another communication defending the tenure Of MIR
Pratt II is chiefly reply to an slluson made by in
former article 10 the Of Mr. SEWER, Of Arkansas.
WIN reference 10 which. 1t is said that am grossly mis-
taken am thankful to the correspondent OF the Intel
gencer for his accurate statement Of the facts in the
referred to. La connexion with his quotation Of the opn
ions OF Mr. Grundy, it will enable to sustain the
whole position which formerly assumed
IL will. perhaps, be remembered that said that the
case OF Mr. Sewer decided the principle hatit in the
power OF governor TO ill vacancy occasioned by the
expiration OF term Ambrose ii. Sewer and Thomas
~ Fulton were elected senators from Arkansas in 1886
lhey were chosen, OF course for six years. subject 10
Inc classification by which the Senate is divided under
lhe provisions OF the constitution of the United States
ondef It's provisions the term Of Mr. Sewer expired
The 81 OF March, 1897 Now. assert that since the
aordgment of the term for which he was elected oc-
cured by method provided for in the constitution, its
tTm'naon Dds the expiration of the term for toich he
toas elected. The has OF the aspects OF
h"genty contingency is something which may in.
tefupl the course OF term whieh you'd oheytoise
n"us and must be exaneous ia character, death
resignation is But where provision for the classified
uon OF senators is part of the tenure its operation is
contingency 1t is true that il is uncertain what midi
pdud will be affected by it but its constitutional effect
upon the Senate, which was lis true object, is definite
and Certain The fact that me legislature could FORE
see or make provision for proves only the wisdom of
the general interpretation which the right OF inter-
mediate appointment in such in the governor.
The report of Mr.. Grundy is greatly relied in the
article to which have alluded The words quoted from
his report are that the principle decided in Lanmans
is that the legislature OF State, by making elections
themselves, shall provide for all vacancies which must
at stated and known periods and that the expra
ton OF regular term OF service is not such contin-
gency is embraced in the Sd section Of the st article
OF the constitution" Now say emphatically, that this
inference is not justified by the case referred 10. The
able editors OF the volume OF Contested Cases in which
il is contained assume in marginal note that the
turned upon the point that the executive had right TO
anticipate vacancy which would occur in the recess
and there is no ground for the assumption that turned
upon another point Moreover, would observe that the
declaration OF Mr. Grundy that analogous had
before occurred, cannot contradict the recorded evidence
OF their existence will the denial OF the correspond
ent OF the nellgence oberate them from history The
cases of Samuel Smith, OF Maryland, in 1902 and OF
William Hindman, Of the same State, in 1901 of Uras
Tracy in 1901; of Joseph Anderson, OF Tennessee, in
1909; of John Condit, of New Jersey, in 1909 and oil
John Williams. of Tennessee, in 1917 are irdspulably in
point They all stated in the very useful Manual oil
| Mr.. Hickey.
The correspondent of the Inielgencer passes without
a word over the main question in the controversy; and
that is the consequences resulting from the adjournmen
of the legislature in Maryland, by the constitution or
the 10th Of March, 1850, and the practical expiration
its existence legislature after that date, which is
popularity not in with those States where
similar method Of electng senators is sad TO have OBJ
! tanned.
| These re marks designed only as reply TO thu
charge of msappIehenscn made in the article in the In
tegencer. heqIestion involved is OF grave con
stu,ona Importance, which will not rest unadjudicated
| In some form or other il will be tried and determined
either by the action OF the legislature by the decision
of the Senate shall avail myself of the time n,erve
ming before the session of the Maryland legislature Il
place this question in fitting attitude for discussion il
that body. Its determination, in method or another
will be rebuke. The appeals made 10 the ndvidua
interests of senators of allRares, and the absence
argument, such is derived from acquescsnce i
supposed presidents. sufficient assure me that tn
positions taken not without strength Moreover, 81
long have the acbn OF the democratic party in III
legislature OF ls49 to appeal TO. and high legal authority
Of both parties in this city to sustain me- can watch ,b
controversy to an end without any personal embarrass
| ment
A MEMBER OF THE MD LEGISLATURES IN 1880