Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-23

resignation, as have proved until the incumbent the
loeam ens filling the reserved portion of the term is
out the way and he did not get out Of the way until
he died Ii that be here is oe,a tenens in my own
person, holding until the 4th Of March next am not
out Of the way how, then could the Legislature Of my
State provide any to hereas has been done In
my case ana as mas been done in fifty since the
Iounuation OF the aforementioned take my place
There are very few instances since the foundation Of the
Government where the election Of Senators has not taken
place exactly In this way to fill vacancies supposed 10
exist in Senatorial terms before they runnip
My argument is, that when Mr. Clay said to the Ieas
ature Of the State Of Kentucky al win serve as scna
tor until the first Monday in September and no longer
resign from that time there vacancy created from
that day, which Mr. Clay himself could not t as nave
proved from the Of Bedsoe which nobody had cen
prepared in any way to fill; and that that took place by
virtue of resignation sent forward in September The
Legislature undertook to fill that vacancy by the election
Of Mr. Dixon. Why do you allow him be qualified?
If you do not do it, you violate all the anaoges Of the
Constitution which have shown in the to which
have alluded
But will bring forward precedent for all this /
will show you what the Senate did in the case of Mr. Sc
vier Mr.. Sewer elected of the first Senators
from Arkansas after the admission of that State int the
Union. lie was elected in 1886. He came here, and
according to the rule of the Constitution and according
to practice he and his colleague had to draw lots know
what class OF Senators they should be assigned In
that lottery Mr.. Sewer drew the shortest term which
expired the 4th of March, 1887 that having been
elected in 1885, he occupied his seat but about year.
After he drew the short term and before the period ar
rived at which he would have to retire the Governor Of
his State contemplating the vacancy which would happen
after the Sd of March, 1887 appointed Mr. Sewer to fill
the yacancy-that was regular term, not vacancy
created in portion of term The Governor appointed
him to fill the vacancy ola full term. Here is the
mission:
EXECUTIVE OFFICE, LITTLE Rock, ARKANSAS.
State of Arkansas, 81:
Whereas vacancy will in the Senate Of the United
States the Sd day Of March next by expiration of the
term for which the Hon. Ambrose H. Sewer was elected
from the state Of Arkansas and being understood
that the Senate of the United States to be
Immediately after the 4h Of March, being desirable
that the State should be fully represented therefore,I Jaa
Conway Governor of said State during the
the General Assembly have thought appoint Ambrose
III. Sewer to fill said vacancy
Given under hand and the seal Of said State Little
! fl. 81 Rock, this 18th day Of January, A. D. 1887.
Us. CONWAY
r. A. WATKINS, Secretary of State
Now mark you, Mr.. President, the term for which he
was originally appointed did not expire until March g.
1857 The Governor undertakes in January to appoint
nm Tor the next term, before the expiration of his first
term IL was the regular expiration of term by its
apse and the Governor, under the circumstances
toned appointed him to fill the vacancy thereafter to oc
cur These facts came here and sanctioned by the
senate after the report Of committee which shall read
to show what the Senate said under these facts was the
whole case Here is the report made by Mr. Grundy:
AZ he last session Of Congress the State Of Arkansas
admitted INTO the Union and the Legislature Of that State,
in the month of October 1885, Ambrose H. Sewer and
William s. Fulton Senators represent the State in the Sem
ate of the United States also appears that upon the al
omen OF the said Arkansas Senators their respective
classes required by the third section first article of
the Constitution, the said Ambrose H. Sewer was placed in
the class of term of service expired on the 81
day oil March, 1885, and that the Legislature of Arkansas
have had opportunity of filing vacancy not having
been in session since the fact that the would
could have been known in that State The Governor of the
State OF Arkansas the 18th day Of January last
stoned the said SEWER Senator fill the vacancy which
would take place the Sd of March Upon this state Of the
case the question whether the Ambrose H.
Sewer entitled TO his under the appointment made by
the Executive of the State of Arkansas In looking
practice OF the Senate the subject Of Executive appoint
men no like the has been found Several
have occurred in which the Executives of different States
anticipation Of the expiration the regular term of service
have appointed Senator'S he Legislatures not being in ses
sion and in all Of these the Senators thus
admitted their seats until the called session Of the
Senate In March, 1925 when Mr. Lanman Connecticut
whose term of service expired the Sd March, 1926 pro-
duced his credentials from the Governor Connecticut and
the Senate decided he entitled to his seat by vote
Of % to 49,
The decision have generally acquiesced in
since that time nor is it intended by the committee call
in question The principle asserted in that
is that the Legislature Of State by making elections them
selves shall provide for all vacancies which occur az
stated and known periods and that the expiration Of regu
lar term OF service is not such contingency embraced
in the second section of the first article Of the Constitution
The case now under consideration, it may be said
differs from that Wherein does it differ 1t was un-
known 10 the Legislature of Arkansas what term Mr.
Sewer would draw in the lottery which had TO take
when they assembled here that fact not known and
because 1t was unknown, it like the regular oc-
curehce every SIX years, OF one OF those constitutional
vacancies to be filled by the Legislature They there
say because that fact did not appear and was not
known that the Executive appointment made in Janu-
ay when the office did not expire until March following
was valid Executive appointment when the Legislature
was not IN session but If the Legislature had been in
session. and they had elected knowing the fact would
not that have been valid election use this case to
show that there is nothing in the idea presented here
that the Executive may not appoint and make a valid
appointment prior TO the expiration Of the actual term
OF the incumbent then in Office. Here he did appont
months before Mr. Sewers term expired and that ap-
pointment beforehand was regarded to be valid and
good appointment will not deain the Senate by re-
ferrng at length to other cases but here is
case, and Wilams's case and, / believe. one or two
Others to which might refer TO show that the rule for
mery was, that the Executive might appoint TO FIJI the
regular occurrence Of vacancies in the regular terms Of
the Senate But that rule set aside In Lanman's.
case in 1885, and since that time the decision in IL has
been acquesced in but in Sewers they did not ac
quesce in the rule because Of the fact that the Leg
ture could not have known what class Mr. Sewer would
draw therefore they sanctioned the appointment from
December until March, while Mr.. Sewer was holding
the regular commission conferred upon him by the
Legislature Now, when Mr.. Clay resigned and
left period Of time, from the first Monday Of September
the end Of his term which there was no one provided
10 fill by the Executive, by Legislative appointment
was there not such vacancy in that period which Mr.
Clay could neither f and nobody else could
FILL and therefore the Legislature being in session must
necessarily I'LL i'll Ii seems to to be So
What else happens in this casef Mr. Clay reserved 10
HIMSELF in this term of six years. the time up to the first
Monday in September. think he had right 20 reserve
IT, lie had the right to fill the Office up to that time &C
cordng to his letter but before that time he died and
here is presented another question IL produced another
t-wna a IL.