The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1854-03-29
SPEECH OF HON. SOLOMON FOOT,

OF tnc honorable senator from Indiana.
| Mr. PETIT who opened this discus
sion, aud after the very able and clabor-
ate speech of my colleague in vindication
If his right to seat here, and in full
response to all the Joints which have
thus lar been urged against his right. it
will hardly be expected of Inc that
should attempt more lian a sort Of gen
eral summary or rccapitulation of the
argument, or some portions Of it, upon
the affirmative side of the proposition be
fore US Anticipating that this question
would come l'eioro the Senate, ! took oc.
caslon, IN the early part Of the session.
to examine tie subject with some degree
Of care. ! looked through all the rre.
cedcnts. aud read the debates upon the
several cases. so far a. they have been
reported and published The result of
that examination was a confirmed con
viction thct my colleague was entitled to
his scat that my State was entitled to
his services here as one of her Senators.
expressed that opinion to many of my
associates ofthe Senate. Occupying the
position l do; representing the State
most directly interested in the result of
this question, deem it not out of
place, although it may be unavailiug, to
express TO the Senate the general views
| entertain upon the question before us.
aud which have led to the conclusion at
which my own Judgment has arrived
need not say that the question
raised in this case. aside from its general
bearing and Importance. is one Of imme-
dia,o and special interest to the State
represent. An adverse decision leaves
the State without is full aud equal suf-
lrage in the Senate of the United States.
at least during its prc-ent scssion. as Il
regular session Of the Legislature Of
Vermont does not again couvone until
the second Thursday Of October next
The question is one Of construction, not
an issue of fact. Its decision is entirely
dependent upon the construction Of "A
constitutional provision as applicable to
the state of facts existing in the case
prcscnted-facts about which there can
be no controversy as they are all of pub
lie record and Of public notoroty, OF
which the Senate will take notice, and
act upon judlcialiy without proof ai,7n,
ds.
The circumstances Of the case and out
Of which the question arises. are briefly
these. The Hon. William Upham. O
Senator from Vermont, died in tho
month Of January. at the last session o.
Congress, aud during the recess Of til,
Legislature Of that State, leaving vacant
the residue Of his constitutional term
which runs to the fourth day of March
A. d. 1855. Congress being then il
session, the Governor Of the State, in The
exercise Of his constitutional power auC
duty, Immediately made "temporarl
appointment Of Senator to the seal
which had been thus rroydcntially va
Gated. That appointment was contcrre,
upon the eminent citizen whose right t,
the seat is now in question; who wa
thercunon sworn and admitted to IA sea
upon this floor. which lie occupied durin.
the remainder of that session. and duriu,
= the called EScculive session Of the pres
cut Senate which Immediately followed
Since that time thc regular annual scs
sion. Of the Vermont Legislature la
been held. having convened agreeably t.
the requirement Of the State constitution
on the second Thursday Of October last
and adjourned on the seventh day of th'
succeeding month of December, withou
having made an election of Senator t.
Eli tie vacancy which had happened b,
the deccaso of Mr. Upham
These are the facts of the case, an,
they present this question directly to tn
Senate aud for the fist time; What i
the effect of tie failure of the intcrven
ing session OF the Leg stature to fill tina
vacancy by an election of a Senator, up
on the suhsstng Executive appoint
uentl My answer is embraced in thi
general proposition, which covers th,
whole grounG that an Executive appoint
ed holds to the end Of the constitutions
term, unless superseded by Legislative
election. The correctness of this prop
osition it is my purpose to endeGyor Il
establish.
The constitutional provisions whicl
relate to the Senate OF the CuiteC
States are contained in the third section
Of the first article Of that instrument
and 50 much as is material TO the point
now under consideration, is in thes,
words:
The Senate Of the United States shall b,
composed of two Senators from each State
chosen by the Legislature thereof for six
years, aud each Senator shall have one vote.
This is the first clause Of the section
The next clause, after providing for the
classification of Senators, concludes in
these words, aud which have been re
peatodly cited
| "lfvacancies happen, by resignation OF
otherwise, during the recess ofthc Legislature
ofany State, the Executive thcrcofmay max,
| temporary appointments until The next meet
| ing Of the Legislature, which shall then Ill
such vacancies
1t will be observed, that by the first
clause Of this section, the solo and OK
elusive authority to elect Senators, III
the first instance, or, in other words, to
make an original election, is conferred IL
pom the Legislature. No authority is
conferred upon the Executive, in any
contingency, to make the original APP
pointment of Senator In the event,
therefore, of tho failure Of a State Leg
sature to make an original election at
the proper time, vacancy must ensue,
as there Is no secondary or provisional
authority vested in the Executive or
other other agent to make appointments
of Senators to succeed the expiration of
a constitutional term. There have been
at the present session three instances of
vacancies in this body in consequence of
the failure of the State Legislature to
Gil them at Tho appointed time, by orig
inal election. These were from Maine,