Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-30

rs.
Mr.. DAVIS. Mr.. President rise to express the hope
hat this question win be early disposed Of inasmuch as
think that Is due to the gentleman who claims the seat
And wish to express the further hope that will be-
committed but will be decided by the Senate inasmuch
the members Of the Senate have argued the merits OF
the and also because there no completely in the
natter which requires particular investigation. hope
without commitment the Senate will decide the question
Ut once and finally.
This case presents nothing new it demands no new
construction Of the Constitution; it will, when settled
nake no new precedent. For myself pretty much
ia the condition the Senator from New Hamp shre
Hlr HALE) have examined the matter somew bat
perhaps not so much as he has-and confess myself
be to feel any doubt about the result that ought
cpme to- 1t is, after ALL purely question of constu-
ona construction and must look into the provisions
9 the Constitution to ascertain the powers granted TO the
States and thence deduce duties in regard to this
case.
shall occupy the attention Of the Senate than
afew moments, for shall be able to state all wish to
say with great breyity Each State by the Constitutions
s entitled to two Senator's and they to be elected by
the Legislatures thereof The Constitution further pro-
des that the times places and of electng shall
be prescribed by the Legislature Of the State thus
clothing the Legislature with only ample but unqua
lifted powers They have the right to fix the time, the
place, and the manner which embraces every thing in
relation to the election of Senator Sir there two
modes Of electing Senaorsthe by the Legsatureof
State; the other by Executive appointment And how
comes it, Mr. President that there two modes is
well to understand the 1t foreseen by the
trainers of the Constitution that vacancies would occur
would happen, the Constitution expresses during
the Of the Legislature of State and consequently
that State would be deprived Of its representation for
q time at least unless that vacancy could be supplied
Hence 1T gives to the Executive of State the power of
temporary appointment as the Constitution expresses it
temporary appointment to hold until the Legislature
shall show you has had opportunity appoint; and
when the Legislature has once had that opportunity and
declined or omitted to exercise its power, the Executive
longer has any power over the subject 1t has been
justly enough observed here that the word until in
the clause Of the Constitution qualities the word power
that is he shall appoint to hold until the Legislature dis
charges that duty has opportunity to discharge it.
On this point it has been decided by the Senate that
when the Legislature has had the opportunity appoint
and omts to exercise that power then the seat svacan
and must remain So the Executive of the State
has power to fill it.
These, then, the two modes by which Senators
appointed; and now question is raised here, first,
whether the Legislature Of State can, by anticipation
appoint Senator to fill vacancy which it is known viii
occur. Can it, while Senator is sitting here, and
vacancy exists make valid electon Sir all the State
Legislatures have exercised this power from the year 1889
to this time and doubt if there FIVE members Of this
body who do not hold their seats exactly by that same
tenure, being elected before vacancy existed It has
only been the uniform practice of the States from the
commencement of the Government to this day. but it is
the duty of the State Legislatures to do this say it is
their duty because the Senate has said In the
of Mr.. Lanman, the Legislature which last in Con-
nectcut before constitutional vacancy to happen
omitted to appoint Senator The Governor, supposng
he had power to do it, made appointment The
dentials Of his appontee presented here and the
Senate took the subject into their deliberation and de-
cded that the Executive had authority to appoint in
such case and why? Because the Legislature had had
an opportunity to exercise the power with which they
clothed and they had omitted to do it, and the
tngency which the Executive with power supply
vacancy had not occurred. This vacancy not
contingency which the Legislature could not oresee and
provide for; while such, and such only within the
scope Of Executive power.
1t intended by the trainers of the Constitution to
place the whole power in the hands of the Legislature
whenever they could exercise it, and that it should be
ercised by the Executive time and under crcum
stances where the Legislature had had opportunity
do it. think them it is very clear that Senator may be
appointed in anticipation Of vacancy. 1t is well-es
tabshed usage, which has been exercised throughout the
history Of the Government and think it is equally clear
that it is the duty Of the Legislature in any where
they know vacancy exist make the appointment
seasonaby and it results from the decision in the
Of Lanman that if they fail to exercise that power when
they have had opportunity do it, the then be-
comes vacant and the Executive has right fill it.
The of Lanman establishing this construction has
since been reahrmed by the of SEWER Mr. Sewer
came here from Arkansas and when his constitutional
| term expired he produced Executive appointment,
which objected the authority of the Of Ian
man; but it further appeared that Sewer the
Senator Of State represented for the first time and
the Legislature when last together could know
what class he would be assigned they had no means Of
determining whether vacancy would happen before an
other session, and therefore could not elect On this
ground he allowed take his seat but the commit
tee declare that this does not question the principle
laid down in Lanman's case
Now say there is conflict between the claim of
Mr. Dixon and Mr. Meriwether; none whatever Let us
see how the view which have taken Of constitutional
power and construction applies the facts in the case
under consideration Mr. Clay the sitting member in
December wrote letter to the Legislature of Kentucky
resgnng his seat to take effect subsequent day. the
first Monday of September then next The Legislature ac-
cepted that resignation and proceeded to an election and
elected the present claimant They proceeded on the
ground that the first Monday Of September then nex
ensuing vacancy would occur. Mr. Clay so declared
and his purpose doubt give the Legislature an
opportunity to flit, nasmuch II would meet again
before that day. Now, had Mr. Clay right to resign
No one doubts the right Of Senator resign his seat
That cannot be questioned by anybody; any gem
teman question the fact that the resignation is depend
upon the yoon of the member alone and that there is
power which control direct him in the matter
II depends on his volition whether he will resign
within his term and at what period he win resign All
these matters are in his breast Mr. Clay resigned
to take effect upon future day Is that binding on him?
Is it obligatory him The Of Bedsoe settles that
point beyond all question.
Mr.. Bledsoe resigned to take effect ut future day
and the Legislature Of Kentucky from which State he
came proceeded just in this case elect successor
to NIL the vacancy which would happen when his resigna
ton took effect Mr. Bedsoe having Altered his mind
was DESTROYS to continue in his seat after he had made
his resignation to take effect upon future daypresent-
ed to the Senate the question whether he could remain in
his seat beyond that day What was the answer? The
answer made by vote of the Senate was that the resir
nation was binding and obligatory upon him. and that as
successor had been appointed that had right
to the seat That decision settled three things First
that Senator may resign making his resignation take
effect at future day; second, that such resignation
cannot be revoked and third that the Legislature has
rght at once to NIL the vacancy This decision the