The daily union., 1854-02-12

ing OF me egsaiure The meaning and import OF these
words arc beyond dispute The Legislature was 10 sup.
lply vacancies which happened whilst they were in ses
sion, and The executive 10 supply them III happening
70 recess. until the next meeting OF the legislature The
elect OF an executive appointment and the duration of
Once under H. clearly expressed by the words The
appo oment supplied vacancies until the next meeting OF
ihe iestsiature and no longer The Limitation OF time
wihh when The executive power could be exercised is
not expressed in WORDS but its exercise is confined by ne
csssay implication 10 the period in which the legislature
Was not In session-:hat s had no organized existence
IL is true, hs word recess" not in the clause as
Fen slood but was afterwards introduced by the
mil'ee Of revision; but the effect OF its introduction is
merely 70 substitute aa express limitation upon the
cise OF the power by the executive in lieu OF limitation
necessarily implied from the former words
The committee also substituted The words temporary
appointments" in lieu OF the words vacancies may be
supped bal the meaning and intent Of the clause is not
changed
The objec, and sfee, OF Temporary appointment by
The executive IS 10 supply vacancy which may happen
for the time being Ii 6ls the seat with senator en-
oyng the same rights and fully representing his State
whilst his tenure OF Office continues, in the
as legislative appointment; but the duration OF his
ONCE IS temporary; whereas the legislative appointment
either elects him originally Tor six years or gin case Of
vacancy ts the vacancy for the residue of the term
Compare the clause, as first adopted with that reported
by The revising committee. and you will find other
alteration IN their structure which doubt
the identity of their provisions
H. then, the words of the clause, altered in revs
ion, can be SO read without violence TO their natural
sense and import 10 accord in construction with the
language OF The clause adopted by the convention,
(and this can scarcely be denied) affords sufficient
reason 10 give them that construction ii would
Iqoife violent presumption 10 infer that committee
having authority only TO revise style transcribed that
authority by altering, substance, provision deliberate
ly adopted by the convention
have previously stated that the object OF the
ion IN making provision 10 supply vacancies was not
so much TO prevent temporary vacancies (as affecting the
representation from Stae) guard against prolonged
vacancies which might enange the organization OF the
Senate attempted TO sustain this view BY inference
from the analogous provision in reference to the House
OF Representatives. where the vacancy must be of
and may be OF Two months duraon; and is, in some
cases. more injurious to the particular State than
cancy IN this body.
will now turn TO the debates on this clause in the
convention as reported by Mr. Madison TO strengthen
that inference
The report OF the debate on the clause in question
will be found al page 395 of the debates in the
venton:
"M Wilson objected vacancies In the Senate being
supplied by the executives of the States It was unneces
moves the appointment far from he people, the
uves most States being elected by the eglslatuses
i've by the Legislative department. wrong so Il was sui
more SO that the executive should elect into the legislative
'Mf Randolph thought necessary in order 10 presen,
tnconseuent chasms the Senate In States the
legislatures but year As the Senae wall have
more power aud consist of naer number than the other
executives Ugh, be safely trusted he thought the ap.
polniment Tor SO short time.
supply vac ancies. When e legislative meeting happens
10 be near the power viii no, be ener,ed As there viii
be outiwo members from State, vacancies may be OF
great moment.
"Mr Williamson. Senators resign, or not accept.
This provision Is Therefore absolutely necessary
These are the arguments which were then used in ref.
erence 10 this point, they found 10 the noles OF
) Mr. Madison. They show concusvey that my infer
ence IS coTecthai the convention looked not 10 the
prevention OF temporary but meant 10 guard against pro-
longed, vacancies.
The nation OF Mr. Wilson was TO strike out the whole
provision TO vacancies, the ground that il was
wrong In principle that The executive should elect into the
legislative department The answer was, that IL was ne
cess.ry TO weventineons.nhat chasms IN tas Senate a'
the Senate smaller body than the House. and the
State legislatures met but Year. and also that the
executive might be safely trusted with the appointment
for Uta tune II was further urged tina, the executive
power would not be exercised II the vacancy occurred
3 shortly before legislative meeting,
submit therefore, 10 the Senate, that the true con-
sruction OF the constitution taking into consideration IT'S
language the debates IN the federal convention, and the
steps taken in the framing OF this clause, indicate beyond
question that the intent not to give the executive OF
State any authority or power over this subject which
should extend TO filling vacant seat in this body beyond
temporary period arising out OF casualties but that the
intention to limit The duration OF the term OF such
an appontee unl the existence and not until the action.
OF the primary consiituency-.he legislature. II am
right IN this view, the whole argument OF the majority OF
The committee is answered. as far principle s stated
speak not Of the argument from mere grammatical con-
slrucon always dangerous and which should never be
permitted TO override the natural import o the words
but as regards the real principle upon which The report Is
based. That principle Is, that was the inenon OF the
coneuton TO have Two senator's from each stale in
mission, at all hazards, aud al all times say the inen-
ton was 10 prevent prolonged vacancies, but not to pre-
cipe, deliberately settled by the the legis
atures OF the States the only safe repositories OF
power as constituencies oil the Senate. | hold that the
construction gwen by ae msorlty OF the committee is
entire departure from this intention, and opens the door,
as shall endeayor hereafter to show very briefly, to evils
which probably they may not have anticipated.
ls there, Mr. President, such real evil in temporary
vacancy Is not greatly exaggerated and how does
II endangef the interests OF any Slater The debates OF
The federal convention show that the object OF the
sulion provide that all body like the Senate
should not be unable organize Tor want OF quorum.
No doubts that II majority Of the leg satures of
the States OF this Union should refuse appoint
tors. the functions Of tbe federal government would
cessarily be suspended. II admitted by Chief Justice
Marshall, in OF his decisions reported in Wheaton,
that the States suspend the exercise OF the functions
OF this government, II majority OF them refuse to APP
point senators Such was the Intention ot the consutu-
tion. II contemplated however, that the const
uescy appointed for the purpose OF choosing senator's
would wilfuy, or from negligence, leave unpefiofmed
the duty devolged upon them. u never intended mat
their action should be supervised By the executive OF
State, 10 whom delegated no original Jurisdiction what
ever the subject.
Bur, Mr. President, there is a third Interpretation
which has been given TO this clause Of the constitution,
and il is one which suppose has hitherto been acted
upon by the Senate.
The honorable senator from Indiana assumes that the
pecedens sustain the report OF the majority OF the com
mltee In The extent which they 90, IN my judgment
they unqnesonably against u but when you come
examine closely you find tha, the pfecedents much
fewer than has been supposed. The proposition which
stated as The third Interpretation OF the clause, this
that with view TO prevent vacancies, and deeming IL
ia accordance with the lntenton oi the constitution Thy