The daily union., 1852-12-15

SeptemteT,
conveyance Of The residue OF the term; he parted with
il forever retaining for himself only so much OF has term
lasted till the first OF September That much he kept
for himself be had right 10 keep H. As 10 the resi-
DUE he could not transfer il TO any one, il became va
cant; positive vacancy thus created. which the
legislature had right TO MI. Now, II am right IN this
il did not require, some gentlemen seem 10 suppose
the death oil MIR Clay 10 create complete and full va
eancy-such could be filled by legislative action
The argument brought forward here by gentlemen is
that there efficient valid vacancy that could be
filed by anybody until after the death OF Mr.. Clay II
say that is not the case When he resigned 10 take effect
the hrst OF September and declared that he would not
after that time, that very declaration created va
cancy and the legislature had right TO proceed TO fill the
remainder of that erm-us as good right as they had
10 fill new term.
will give another illustration, and a stronger one than
the first gave. shall only serve en the fourth OF
March next; my Successor has already been elected.
Now. under the doctrines urged here, how could the
legislature elect man 10 take my place here while
was in my seat fulfilling the duties OF seaalor' How
could they undertake To supersede me in that way
still here my period OF service has not yet expired
my commission is in full force Now. how did The legs
atue undertake to put any person IN my place et hs
has been everyday practice from the foundation oil
the government 10 the present Time lhey did II upon
the ground that my term only continued for SIX years.
and then there the commencement OF new term,
which, Tor all the purposes OF practical Legislative me-
Is 10 be regarded as vacancy and can be hed even be-
that this vacancy, created by resgnaon cannot be hlled
until the incumbent the ocun fenens, hng the reserved
portion of the term is out OF the way and be did not get
out OF the way until his death occurred Ii that afgu
ment is worth straw, then, | am the iocum teneas
here until the fourth OF March nextas will not be out
OF the way till that timehow could anybody be provided
previously to come here 10 take my place them as has
been done IN hundreds OF other cases, from the CON-
mencement Of the government down TO this day! There
is hardly instance, howeverheTe may be lew, but
not many-but what legislative elections for senators,
from the foundation OF the government TO this me have
taken place in just exactly this way 10 fill vacancies
caused by the expiration OF terms
Now, my argument is ths--that when Mr. Clay said
10 the legislature of his State will you until the
first of September. and no longer, will resign al that
lima uvas yrhr
not ll himself, proved by the OF Bedsoe, which
vacancy took place in virtue of the resignation sent in
on the month of December preceding. The legislature
undertook to fill that vacancy by the election of the gen
ueman who comes here, and whom you will not allow
TO qualify And should you refuse TO do So you will VI,
olae all the vigilance and intentions Of the trainers OF
the constitution. which have shown you in the cases
l have alluded to.
But / will give precedent for all this. | wish to
state to the Senate, with their leave what done by
the Senate in the OF Mr. Sewer Mr. Sewer, from
Arkansas, elected OF the first senators after the
admission of that State into the Union. He elected
in the year 1896 He here, and, according 10
the requirements OF the constitution and the practice OF
this body he and his colleague tWam 5. Fulton) had
10 draw lots order to determine what classes OF sena
tors they should respectively be assigned TO- When that
lottery took place Mr. Sewer drew the shortest erma
term which was TO expire the 4th of March, 1887
thai, having been elected in 1885, he would occupy his
seat for that term only about year. Well, sir, after
he drew the short term and before the period arrived at
which he to retire. the governor, contemplating
the vacancy which would exist after the 4th OF March,
1887 appointed Mr. Sewer 10 h that yacancy-that is
the regular term succeeding the he was then ing
not vacancy for portion of term, but the vacancy
for the full term. Here is his commission which will
read 10 the Senate
EXECUTIVE OFFICE
Ltule Rock, Arkansas.
STATE ARKANSAS, So.
Whereas vacancy will occur in the Senate OF the Uni
Of the term for which the honorable Ambrose H. SEWER
elected senator from the State OF Arkansas ard be-
Immediately after the 4h Of March, and
being desirable that the Sate should be fully represented
nrpIa, Staa a
during the OF the general assembly have thought f
toapPont Ambrose H. SEWER 70 I'LL said vacancy;
H. 81 Little Rock, this l7th day 81 January A. 1851
BY the governors
X. A. WATKINS,
Secretary Of State.
Read February q, 1887 Agreed March s. 1887
Mark you, the term which he was then serving out
did not expire until the 81 OF March, 1887 yet the gov
snor undertakes TO appoint him in the January preceding
the expiration of that term The term was to regularly
expire that period by the lapse OF tme and the govern
Or under these circumstances appoints Mir Sewer TO I'LL
the vacancy thus accrung Well sir, these facts came
committee, which wish read, in order show what
was said by them IN regard 10 the The report
made by Mr.. Grundy on the 7h OF March, 1887, and is
rs follows:
At the session OF Congress the State OF Arkansas
was admitted into the Union, and the legislature Of that
State, In the month OF October, 1886, elected Ambrose
Sewer and William s. Fulton senators to represent the
State in the Senate OF The United Safes II also appears
that upon the allotment OF the said Arkansas senators 70
their respective classes, required by the third section Of
the first article OF the oonsttuon the said Ambrose H.
Seyier placed in the class whose term
service expired The 81 o March, 1885, nd lrgs
ature of Arkansas have had opportunity filling the
vacancy not having been IA session since tue fact that the
would could have been known that
The Of the State OF Arkansas, the i7h day o
January last, commissioned the said SEWER
tor TO fill the vacancy which would take place on
the third OF March. Upon this OF the case,
the question is presented whether the said Ambrose
H. SEWER entitled 70 his under the appointment
made by the executive Of the State OF Arkansas In look
Ing Into the practice OF the Senate upon subject
ecutive appointments like the present has been
found Several cases have occurred IN which the execu.
tves OF different States IN anticipation OF the expiration Of
the regular OF service, have appointed Senator'S he
legislatures being in seson in all cases the
senators thus appointed were admued T. their seats until
the called session OF the Senate In March, 1925 Mi
LaDman, OF Connecticut whose OF expired
the Sd o March, 1925 produced his credentials
governor Of Connecticut and the senate decided he was
not entitled To his seat ny vote OF - 70 Is
This decision 10 have been generally acqnesced
In since that time, IS IL intended by the
call its correctness in question The principle asserted in
the is, that the legislature Of State, by making cleo
lions themselves shall provide for all the which
piraon OF regular Of service such conin-
gency embraced in the second section OF the first
Gle OF the constitution.
"The case under confederation is wholly different
in principle The time when Mt Sewer 20 out OF
office, under his election made by the Legislature Of Az
decided by lot agreeably provisions OF
the constitution upon that subject After the decision thus
made the legislature OF Arkansas, being in session,
could the aud the the opinion
Of the committee, fairly within tue provision the
constitution contained la the third section OF the first article
which declares and vacancies happen by resignation
State thereof may make temporary appoint
until the the Legislature shall