The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-19
CITY OF WASHINGTON SUNDAY MORNING DECEMBER l9 1852

pears 10 be open and unobstruced and TO be followed
without NE ,,,t Ieasi 81 hesitation whatever.
| [Mr MILLER mex, addressed the Senate His re-
marks will appear on tuesday,
MI DAVIS rise to express the hope that this ques
uon viii be early disposed Of, inasmuch iha, much,
think, is due 10 the gentleman who claims this seat and
wish to express the hope that il will be referred TO
committee bat be decided by the Senate nasuch as the
Senate have argued the merits OF the question, and mas
much as there is no completely in II which requires any
investigation by committee hope that without com.
mmeni The Senate will decide this question upon the
gumenls submitted 10 them by honorable gentlemen here
lbis quesuon presents nothing new; 1t demands no
new construction OF the constitution and if settled will
establish no new prnclpe am very much in The con-
shire Mr. HALEl found himself that is have exam
med Tins question 10 some extent-perhaps not much
as he has-and confess myself unable 10 feel any doubt
about he vote That ought 10 give upon its decision. 1t
rs purely question OF construction OF the constitn
and we must look into the constitution 10 what The
powers granted to the States are, and then shall be
able by deduction to learn what duties in relation
TO deciding this question. shall occupy the atten
lion oi the Senate bni few moments, for shall be able
to state all wish TO say with very great brevity
Each State, by the constitution, entitled two SEN
aors and they TO be elected by the leg isaae there
o. And the constitution further provides that the .tme
place, and manner OF electing senator's shall be pre-
scribed by the legislature OF the Stale That is clothing
the State no, only with ample but exclusive powers
They have right to fix the slime, place, and manner
which embraces everything in relation 10 the election Of
senator's There are but two modes of electng senators
the one sby the legislature Of the State, the other by
executive appointment. And how comes it that there
>
OF the constitution that vacancies would occur-would
happen the constitution expresses tdurng recess
OF the legislature of the State; consequently the State
woald be deprived oil It's representation here for time
unless those vacancies could be filled when they occur
red Hence they gave TO the executive of each State
the power TO make Temporary appointments" as the
constitution expresses t-emporary appointments to
hold, as shall endeavor to show, until the legislature
has had an opportunity TO appoint When the legisla-
ture has had that opportunity, and declined omitted
exercise IT, the executive no longer has any power
the subject II has been justly enough observed here
that the word "unti' qualities the word "power"-that
49, the governor shall have power until the next meeting
of the legislature, his appointments to hold until the
legis has opportunity TO exercise that duty And
we have already decided here, believe, in the of
tuny to appot and omits to exercise that power then
the seat Is vacant and must remain because the
utve OF the State has no power to fill il at all Now,
these are the two modes OF appointing senators.
The question is raised here whether the legis-
laure OF State can by anticipation appoint senator.
Can they, while senator is sitting here and while
present vacancy is existing. make appointment Why,
sir, they have exercised this power from the year 1889 up
to this lime, and doubt if there five members of this
body who do not hold their seats by exactly such
is not only the practice of this government. but has
been its uniform practice from its commencement down
to this day 1t is the duty of the legislatures of the
several States TO make Just such appointments | say
is their duty because the Senate has already said So In
the of Mr. Lanman, the legislature which then last
met in Connecticut before the constitutional vacancy
10 have happened omitted TO appoint SENATOR conse
quenty the governor, supposng he had the power do
so made appointment The credentials presented
here and the Senate took the subject considerations
and after deberation, decided that the executive had
authority 10 appoint in any such case. And why Be-
cause the Legislature had had opportunity exercise
the power with which they were clothed, and had omitted
10 do so, and the contingency which vests the executive
with power TO appoint had not occurred Ii intended
by the trainers OF the constitution place the whole ap
pointing power in the hands OF the legislature whenever
they could exercise IT, and that should be exercised by
The executive al no time and under circumstances when
the legislature bad had the power and opportunity
ercse it. think then, that II is very clear that
a Thotts
well established usage which has existed throughout the
whole history OF this government And 1 think il il
equally clear that il is the duty OF the legislature in any
and every case where they know vacancy is 10 take
place. 10 make appointment 10 I'LL such vacancy; and
results, therefore, that " the legislature fail 10 exercise
that power when they have the opportunity 10 do So The
Office remains vacant
Now, | say there is no conflict between the claim OF
Mr. Dixon and the rights OF Mr.. Meriseiher--none
whaiever Let US see how this view of the consilu-
onal power applies 10 the facts in this Mr. Clay.
The sitting member from Kentucky, in December. 1851.
writes TO the legislature OF his Stale his seat 10
take effect a, subsequent day The Legislature accepts
elect the present claimant, Mr. Dixon They proceed
upon The ground that upon The first Monday OF Seplem-
her then next ensuing vacancy would occur, Tor Mr..
Clay had so declared 10 them Now, had Mr.. Clay
ngh, 70 resign Why, sir, man here doubts The
nkht OF senator TO resign his seat; that cannot
be questioned by any one, Nor can any gentleman
alone upon the yolitiou o the member. that there
= no power 10 control advise ham in this mat.
letS Wat " aepenuh upon MS Volltion alone whether
he will resign within his term or not, and il depends
upon his votion also as 10 what period he will nix
at which to resgn. All these are matters within his
own control alone Well, sif, Mr. Clay resgnsd to take
effect upon future day, Was that binding upon him -
was 1t obligatory upon him The OF Mr Bledsoe
OF Kentucky, settles that point Mf Bedsoe resigned 10
take effect at future day. The State OF Kentucky by
her Legislature, proceeded 10 elect SUCCESSOR Just a.
they have done IN this case to h the vacancy which
would happen when the resignation 10 90 into effect,
Mr.. Bledsoe having altered his mind ttle and being
me he
Tor his resignation to take effect. presented The question
10 the Senate to decide whether he could do or not
What was the answer the Senate made hin The an.
swer they made by their vote that the resignation
was binding and obligatory upon him that his successor
had been appointed, and that that had g TO
the seat This covers the whole OF this case-lhs point
That senator has Alright to to take eject fu-
iote day-ihe point that the legislature has right upon
receiving such information, TO elect person I'll the
vacancy causedand the point that the resignation is
binding and obligatory upon the member who makes IL.
Mr. President, wlll de,an the Senate hn, very few
moments say thai The point which seemed to deter
NINE the case OF Mr L1nmsn that the legislature
had had an opportunity 10 appo,nthey knew OF the ex.
sence Of ihs constitutional expiration al the term and
consequently, oil The vacancy and having had that OPP
poHunty TO appoint, II was their duty so 10 do, and
therefore The executive could not hl the place Now
where ~ the dseencs between the under consider.
alton sad any such case as hatl | can what
ever Mr. Clay advised the legislature Of Kentucky that
certain, and the Legislature accepted that esignaton
According To the decision in the OF Bedsoe il
bndlng and obligatory upon him and IL he had been
living he would have been compelled 10 vacate his seat
upon that day. II seems 10 to follow according 10
the principle laid down in the case Of Lanman, that IL