The daily union., 1854-02-12

TIUVi-lUn UlIy
ernot shall iss1e wrs OF eleeuon oil vacancies
mug ~ mat House, without any intermediate provision
tnr supplying snort vacancies; and every knows
that. on the avffage than thirty days will be
suined before The vacancy be filled and during that
lme mere VIII be fill The seat OF repre-
sentative who may have died resigned. Hence, IN
ier mat looking TO that clause, The object must have
been 70 prevent prolonged vacancies and not TO provide
agans any supposed evil that could arise TO State
ife the want OF u representation fer short period
MY view Will be rendered more clear BY reference TO
'he oebaiss IN lhe federal convention Il was not then
CONSIDERED as oil such great importance senators seem
10 ai'ach % now that State should always have lis
inl representation here The convention looked 10 the
ooay and The provision in regard TO vacancies made
long subsequently, to The settlement OF the questions as
to e numbef OF ihe senators from each State, the equal
representation o The Sates. and the proper
4 tor the elre ion of senators.
/ agaa'sH The object was to prevent vacancy al all
hs-ads and always 10 have Two senators from each
Si&e IN eonnsaian, why was j, the provision 30
made that when, OF vacancies, the proper constt
ueney was IN situation 10 act, whether IL did ac or not
no trust should be conferred the subsidiary power
III the executive authority not to be subordinate why
Is Vt that provision is not made that whenever vacancy
occurred The executive authority might appoint until the
legislature shond oil the vacancy That would have
been very obvious and definite provision and If such
had been the intent of the conventions beyond all Ques-
ton they would have expressed it in such Language,
where precision was easily aainabe and requisite
IL impossible 10 reconcile the existence ot the power
which the committee would in tact confer upon The
executive, by proonging the tenure OF the office, with
the plain provisions OF the constitution; ior they dela
gaze to the executive OF Stale authority the
subject when the primary constituency is IN situation
10 actihat Is, when the legislature exists organ
| lzed body.
! will now bring the notice Of The Senate the
of proceedings in the convention which adopted the
constitution, order show that the construction which
give TO the clause which bears upon this question is
sustained by those proceedings and also by the very
short notes which have OF the debates which oc-
cured IN reference 10 the clause.
la the framing of the federal constitution, the Senate
that lis principal provisions debated by
the convention IN committee OF the whole, and IN con-
vealon Tor long time before il assumed the shape OF
constuon and that the result OF their labors the
adoption by the convention OF tweny-three resolutions
which, the 23i and Goth days of July. l7S7, were
referred 10 committee OF detail, (as IL was called
consisting OF five members, IN order 10 dTaught cen
sution from them Ii inspect those resolutions we
shall find that the view which take is sustained and
that no provision In reference 10 vacancies was coem
plated at the time OF The adoption OF those resolutions
No debate had then occurred upon any provision for
vacancies and il evidently considered unim.
pofant matter compared with the other provisions made
| for the organization OF this body. The resolutions will
be found al page POT OF the journal OF the federal con-
ventlon. The fourth resolution OF The series relates to
the Senate. IL is IN these words;
''Rs,oipsd, That the members OF The second branch
ths ind vtdua Legislatures bs Of the OF thirty years
at least; to mold their offices Tor six years }"
This establishes my proposition that the State egsla
lures the proper constituencies oil The Senate. The
resolution continues:
oneh 10 go out bennialIy; and to receive com
tor the devotion OF Ihsir ume TO The public
| vice." &C.
The constituency the tenure OF the Office and the elias
shcalion OF senators, were II will be determined bS
that resolution before the provision reported IN h,
shape of a constitutional clause
| This resolution agreed TO the 25th OF June
subsequently, after discussion, another resolution ht
/ llth, p 2ll) was adopted, 10 these words:
"Rssaipcd Thatin the .econd branch Of the Legislature
OF the Unted States each State stall have equal vote
| The principle OF equality OF vote in the Senate wa,
thus seuled the 10Th OF July and afterwards on th,
/ 23d OF July, II was resolved;
That the represent alton ia the second branch OF the
Legislature Of tue Unlted States consist Of Two memben
from each SAFE, who shall vote per capita"
These several provisions all adhered TO in the con
| suption, as finally sdopted-p. a. 2l3.
These all the resolutions relating 10 The Senate
which adopted by the convention and referred TO th
committee OF detail Tor The purpose OF reporting con
sluton The committee OF detail reported the form o
constitution the sixth Of August, and page at o
the journal of the convention II will be that 10
codance with the resolutions referred 10 them, the
mttee reported this as the FIRST section OF the fifth article
"Tbs senate OF the United States shall be chosen by th
legislatures OF the several States Each legislature shai
choose msmben. Vacancies may be supplied By til,
untii tho next meeting Of the legislature. Eset
member shall have vote"
The committee OF detail then first reported provision
in relation to vacancies That provision had not beer
made the subject OF previous debate the conve non
and no Of Il is TO be found In the debates OF
4 journals pnor 10 that period.
The provision reported by the committee Of detail was
that vacancies may be supplied by the executive until
The next meeting of the leg stature" apprehend there
caanot be doubt that The intention manifested in the
words OF that provision comedies with my construction
OF the present constitution, that the tenure OF otce un.
der executive appointment ~ limited TO the meet
ng o the legislature, and supplies the vacancy until that
meeng but no longer To that extent the words in the
pla0 reported by the committee OF detail precise and
uEambiguous. The only occasion which that clause
reported BY the committee, before the convention
tor debate and action, The oh OF August, 1857
may refer the proceedings aud debates that day TO
sos that the apprehension ol difficulty material in.
convenience arising from short casual vacancies in the
representation OF State did not then exist that the
provision was intended 10 guard against prolonged va.
csncies, which might prevent the organization OF The
Senate. A motion made by Mr.. Wilson, OF Penn
sylvania strike out the clause altogether but not
sustained ID considered necessary that there should
be provision upon The subject OF The State
legislatures met but annually. motion was then made
to give to the legislature power to provide prospeetivey
for the contingency of casual vacancy and that also
was rejected, though by close!voe. Mr Madison then
iattotuced clause winch adopted by the VEN
ton, and which, substantially for every purpose contains
precisely the provisions the clause the cons
tuition nov under discussion uhough worded in some.
what different snguage) II you take the words of both
according TO their natural meaning and import
The motion OF Mr.. Madison was 10 amend the third
clause IN the hrs section Of the fifth article reported
by The committee Of detail so tha, il should read IN This
way, lJooroaf OF Congress, y. 237 j
"yacanoies happenng by rcfusas TO accept rssigna-
tons, Otherwise may be supplied by the legislature OF
happen, by the executive thereof until meet
ing Of the legislature"
The clause IN this language adopted by the con-
vention unanimously and It's meaning 80 far regards
the tenure OF Office under executive appointment, will
scarcely be questioned