The daily union., 1854-02-12

meaDug 0 this WDfd N The debate on The case OF st.
Winthrop, though | coincide wlh il almost throughout.
The language OF lhe constitution Is;
Aud vacancies happen by resignation otherwise
durng 7 recess u the Legislature OF any state the eA Gu
meetiog Of the legislature. which shall then nil such
vacanelesD
The question is what does the word vacancies refer
to-whal does IL mean Look u the anlecedent clause
OF Tie constitution, and you ind that provides mat ihe
oil the Ut the FIRST class shall be Uaeaed at
the end o The second year. those o the second class al
The expiration OF the fourth year and those OF the h'fd
cass az the expiration OF the sixth Year, The seats are
10 be vacated" !" Can il be said that there vacancy
II The seat - still occupied by an individual claiming to
exercise aud actually exercising, all the nights OF sena-
tori The vacancy occurs N lhe ssH when the Term 'oI
which senator is appointed expires BY Us constitutions
Limitations, well as when II happens " by resignation
or otherwise" which breaks the term but u Is only
where the and the Term broken That an ap.
poinment be made by the executive. Where the
seal alone is vacant but the trn has mol been once nied
Oy W legislature, authority IS conhded TO The execu
live, The Authority conferred upon the executive Is 10
make temporary appointments in case OF casualties
cahcies happening BY resignation or Otherwise. ihe
appointment ny the executive supplies the vacancy IN Inc
seal for the time beng and IN the subsequent part of he
clause, where the legislature Is authorized al lis next
meeting 10 hlI such vacancies" the word M Is eyi
dtn, used n conadistinc'ion to the words temporary
appontmenls" .
The temporary appointment fills the sea but only for
the time being and the legislature i delegated the au
thor,y I'LL The vacancyttat is 10 NIL The seat tOr ne
residue of the constitutional term The seat may become
vacant where Tue term is not
ceyed meaning of the word there can be no vacancy
while he seat is uwhiie The State has two senaora
exercising all the powers and performing all the duties OF
senator's. senator appointed By The executive, during
the time he holds his office, as completely REPRESENTS
his State il appointed by The Legislature He nils
the seat OF the oymer incumbent, which. IN The Ian
guage OF the Constitution, has been raened, by Tesgna-
ton or oherwisehat Is he supplies the vacancy Tor
The time being but the vacancy when the tempo
rary appointment terminates al the next meeting OF the
legislature, add then they authorized 10 MI The va
hat fnr hA Fa,tIt n lnp
abuse and perveTson OF language 10 say that there
vacancy while The seal is full aud The State fully
represented and the inference irresistible that the
vacancy which has been temporarily supplied by The ex
ecuve appointment again recuIs al 1.-THE next meeting
Of the legsalnrethe seat again vacated by the ter.
mnaon Of office in The executive appOintee his appoint
men oeng only temporary, and It's effect TO supply the
vacancy for The time being but to I'll IL for the resi-
due OF the term.
The use OF the word vacancies" therefore, If that
word be expounded in lis natural and import,
TO To be in accordance With the other language OF the
clause, and 10 cohefs with the general intent OF the
whole section in limiting the Tenure OF othce under an
executive appointment 10 the Organization OF the leg'sa
ture al It's next meeting after The happening OF The va
cancy.
My argument then comes to this: II the legislature OF
Stale, though 1t is Authorized to choose senator Tor
the full OF years. refuses neg lects 10 exercise
that power the executive cannot supervise lis action,
beca bis is subsidiary power TO which no original
trust 10 delegated Ii the vacancy occurs during the
session OF the legislature, which breaks The term, the
executive hes still authority, even though the legisls
ture may refuse decline 10 act And gel under the
construction by the majority OF the COMMITTEE you
asked not to extend the power OF the executive 10
appoint but extend the tenure OF the office, that II
shall have preosey the same effect, OF authorizing the
subs diary power to supervise the primary power, the
constituency OF the Senate, If you prolonged the
power OF appointment and 40 the limitation upon thai
power which is admitted 10 exist, is endered nugatory
Sir have looked with much attention through the
report OF the majority oil The committee | have read
with attention the remarks OF the honorable senator from
Indiana, Mr. PErrIr,l and ind the sole principle i'm
bodied those remarks, as controlling tbs question, u
the assumption that the great object o the trainers OF the
constitution was 10 prevent vacancy, or, 10 his own
language, "o have Two senators always IN commission
ready 10 perform their duties" | will read from that
portion OF The senator's remarks, in order to his
proposition, as intend 10 treat it fairly but IL seems 10
very erroneous view OF the constitution, The sen.
ator alter quoting the provision OF the constitution, pro-
ceeded TO say:
" la addition 10 this provision hnd that in order
avoid anything ike hiatus Or vucaucy the trainers OF the
flee OF Primarily they vested tho power In he
legislature bat couiins sendy the egsla.
State la person whose hand. the executive authority
might be vested for the time being
Is that the construction OF the constitution! Did its
trainers vest The 10 Ser OF appointment contingeny 10
The executive W the event OF the legislature failing 10
appuintf Ii So why not the power given 10 him 10
h all vacancies whether occurring in the OF the
legislature or not 10 the year 1898, 10 my own State
vacancy occurred during the OF The legislature
The legislature met but no appointment made either
by the executive or the legislature, m after ils adjourn.
ment The executive then appointed gentleman who
agreed IN sentiment with the predominant party OF the
day. He appeared here and claimed his seat but the
Senate, though there no contestant, by large
jonly refused 10 admit him. The construction then
given that the power OF The executive did relate
to Of that kind. supervising the action OF the egs.
aluTe How then, the construction of the honorable
senator from lndaoa be sustained In opposition to bis
view hold that IN the contingency Of action by the
legislature, whether arising from refusal or neglect IL
never contemplated that bower appoint should be
ntrused to an executive His power is merely TO sup.
ply vacancies happening by casualties The language
is +" If vacancies happen, by resignation or Otherwise .
and he rule, nosoitw a sOes, beyond all question would
apply.
his idea by saying
Tho sttnton expressly provides that the Senate shall
be composed OF two snhors from each 5sts aud, for
purpose o having s that provision carried into
effect provided means ol appointment, one or the
other 81 which Il az az times capable OF seeding
pe,uiy the executive OF state exists forever ia
one hand or another. and Is at all times ready f the
hlatus"
The principle Of the honorable senator from Indiana
and OF the malouy OF the committee is this that the
sole aud area object OF the federal convention wac at all
hazards, 10 prevent vacancy IN the Senate Was such
the intent Of the constitution, considering all its provs
ions' My view Is that The intent was to prevent
prolonged vscabcythat The provision a. 10 vacancies did
relate 10 the rights OF the particular States bat as the
Senate, under the constitution, mt OF not more
than eighteen members. ihe object was 10 prevent the
Of quorum The provision was made
with view 10 the body and not 10 the represent alton OF
particular States The urged IN the debates OF
the convention Tor this provision wasths as the egs.
lanrcs met but year 10 prevent prolonged va.
csncy, Il would be better To have Temporary appoint.
mea made, 10 the case OF vacancy occurring n the