Semi-weekly North-Carolina standard. [volume] (Raleigh, N.C.) 1852-1853, 1853-01-19

c te occurrence or even if it was only uncertain as
10 the time OF its that happens even In
the most uncertain Specification OF the word.
But the occurrence of this vacancy at particular
time is certain, because although II cannot De
post poned beyond certain ume' IL may occur OeioIe
IT, that is by death resignation; and II II occurs
before It cannot occur that time. and therefore lis
occurrence at that time is contingent. and II 1t does
occur at that time it may we'll be said to have nap
nened even in the uncertain sense OF that word.
And AGAIN. in speaking oflhis subje the framers OF
the Constitution could speak in the indicative, out
must speak necessarily In the suhJnnchVe mooo'
'They were not merely asserting the independent pro-
DosIon that a Senator's term vould expire al par
cuI,r time hut were speaking of that expiration In
connection with another event, to-w: the Session OF
the State Legislature. Now allow II be as certain
as YOU please that the term Will expire at gwen
time, whether the Legislature of any gwen Stale
would ever sit was far from being matter of GER
tainty hut allowing that TO be certain, 1t vas stlI
matter of uncertainty whether its session and me
expiration of the Senatorial term would concur, and
therefore their concurrence was possible ana
even probable event, for which farsighted wisdom
should have made provision.
Wbv should we suppose that the trainers of the
Constitution intended to provide no mode OF hliing
a vacancy thus occurring or happening Is 1t TO
be supposed that the representatives In the Con.
venton from New York, for instance, PurTosely
intended make an arrangement by which that
State should be but partially represented at any
time in the Senate, that the representatives from
anv other State would do SO On the contrary,
is it not certain that the representatives from each
State were anxious to secure for the State they re-
presented as full share in the Government as pos
sibe? Any one who will examine the proceedings
of that Convention will with What solictude each
State endeavoed for herself as much PolItl
cal power possible and that then the idea of
sectional power had entered the public mind. For
example, on the several motions made to Increase the
representation of particular States those in the same
region Of country voted together, while those in the
opposite voted against them. And besides, they had
already made the Senate one of the most important
sof no nd dppIa rad
should be composed of two Senators from each State.
But suppose that they used the word happen puT-
posey for t. assigned by those against whom
we arguing, is to suppose that they intended TO
exclude State lit might be their OWN from part of
its representation in the Senate under
that might happen.
But it is said that it would have been indecent to
suppose that the Legislature at some time before
foreseen vacancy would occur would omit to provide
for It, and therefore the trainers of the Constitution
did not provide for it. This is in the first place
pelitio princip;i, and that it is the clear
duty of the Legislature anticipate known
cancy and TO FIJI it, which it will be present
ly is matter of doubt. Besides that, iteaves out
of the question the possibility and even the proba-
billy that it might not be able to do so. For it is
certain there many ways in which its practical
bty mi ght be defeated, of which has
Cured, in the instance before But allowing the
to be plausible If used merely for insisting
upon OmisStIs, it will not do in support of the
proposition tina; the trainers of the Constitution Pur
make in which representation in the Senate
would be for a time prevented. For it assumes that
they did antic pate the very thing which the argument
supposes it would nave been indecent in them to
anticipate. And, if in truth, it is 0E1iS
and they had not the spoken of in view at
all, then the assumption that they meant to exclude
it, is in the face Of the fact, and the for giving
the strained Interpretation commended for falls the
ground
But it is not a omissus, for it is clear that
The language used by the trainers of the Constitution
taken in its popular sense does the under
consideration, and those who say it does have to
wrest the language from its popular Specification
and draw in eXtraneous considerations to prevent its
covering the case, and thereby make 0nrissus
And indeed it is conceded by those against whom we
arguing, that the language does the case,
unless the expressions to be understood used
to provide for it. not by supplying remedy for the
mischief but by PurPosey excluding the remedy.
And is 1t not indecent 10 suppose that wise fore
fathers, who framed excellent constitution work
that challenges the admiration of the world
short-sighed not 10 foresee the very occurrence
which has ken place in North Carolina at least
to have considered possible, that, foreseeing, they
would not have provided for it! We have already |
endeavored to show that they could not purposely
have omitted it, and foreseeing it, what possible rea
could there have been for not providing for it 9th
er than that in their esmition it had been already
donet And indeed if they lid foresec it and were
determined the argument on the other side sun.
poses to exclude the action of the Executive in such
cases, why not at once have expressed that design
and not leave 1t to the most vague inference!
Nextit is said that the sovereignty othe States was
intended TO be represented in the Senate of the Uni
ted States. This is true but deny that the SOW
eregnty of the States resides in the Legislatures of
the States. 1t resides in the people OF the States
and Is represented in the Executive and Judicial |
branches as well as in the Legislative. The repre- |
sentatlon of this sovereignty is apportioned among
these branches, but the Legislative department can
exercise portion Of this representation when it is
not in session, and therefore, during its recess so far
as immediate action is concerned. the Executive be-
ing always In active existence, exercises for the time
being all the active sovereignty Of the State which is
not exercised by the Judiciary. The Executive of
the Slate Is as much the representative of the people
OF the State in his own sphere the Legislature. II
would have been no violation of the rights of |
the States the appointment of Senator had been
TERED exclusively the Executives of the several
States than If conferred exclusively upon the LegIs-
latures 1t IS suPposing very strange jealousy on
the part of the States of their Executives that
they would rather go unrepresented or only partially
represented in the Senate of the United States than
trust those Executives with the power of appointing
senators; and that too, in the face of the fact that
there admitted cases in which the Executives are
required to appoint them. We admit that the Iegis-
atures are the mere 1ular bodies. and that very
proper preference is expressed for them in the Con-
stItutIon In relation to these appointments, but we
deny that 1t was ever intended 10 vest in them the
power OF excluding their States from representation
N the oenate. 1t was not supposed, admit, that
II vacancy existed while Legislature was in ses.
sion it would fail fill it, and therefore the Consl
tuition provides In so many words that a vacancy &C.
curing when the Legislature is not in session, the
Executive may fill it till the session of the Leg
ature. 1t provides for and it provides for no
less, and there IS for REFUSING In the