The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-01

III TO postpone the subject they apprehend have right
70 do IL they permit the subject 70 by silently and
allow II 10 lie untl subsequent session, they have
right do. II they postpone the subject, by formal
resolution 10 future session. the Legislature has right so
do and IN neither Of these has the executive any
power 10 revise their action The only power 10 revise their
action is in the bonds Of the people.
will put the strongest that exist Suppose that
the legislature OF State should undertake TO subyen this
government and should refuse from heneeiorwad to APP
point senators represent that State in this body There is
remedy for il here This body cannot apply remedy
The people only apply remedy by eleeng egisla-
lure lhat will discharge what is ordinarily called the
tuona duty of the Legislature There poys whaley
enforce this duty upon the members
OF the legislative body oath 10 support the constitution OF
the United States and that reseryng Congress the
prescribing the time and the manner, with imla-
ton, Of choosing But that the executive of the
State has any right any power Of reversing the action of
the legislature II the legislature postpone the election until
future day, utterly deny Whether they purposely
and silently permit il pass a future session. whether
they do II in the form OF resolution makes no dierence
their action upon this subject is entirely decisive.
If had been the intention of the trainers of the cons-
tuition to provide that the executive might appoint If the
legislature fails to elect, order supply of repre-
senlaon arising from the omission Of the legislature to do
It's duty or from the posponement OF the subject by the
Legislature, would have been expressed PLAIN words IN
the constitution. Whenever there vacancy not filled
by the Legislature the may make temporary APP
poinments would have been sufficient But there is moth
ing OF the kind On the contrary the general provision to
which have advered applies TO all whatever, with
exception and that exception pected vacancy
which may happen when the legislature IL not IN session
though the Legislature always IN exstencea vacancy
which arises upon contingency that cannot be foreseen
and provided for by heegsatue. In this there must
be vacancy in the representation until the meeting Of the
legislature, unless the power is devolved upon the
tve and therefore constitutes exception TO the general
provision which have already alluded. Now sir, with
regard to this exception the constitution provided;
Sand if vacancies happen, by resignation otherwise,
during the of the legislature of any State the
tive thereof may make temporary appointments until the
next meeting of the legislature, which shall then h such
| vacancies"
sf vacancies happen that is not merely if they occur;
but if upon unforeseen contingency, they happen, the
power of appointment is granted TO the executive II
vacancy by the lapse of the term there power
devoved upon the executive to make temporary appoint
men The preceding legislature knows, If they know the
constitution, or the law that the vacancy viii occur; and
hence has been decided that the governor has power
make appointment where the term has expired unless
the vacancy happens upon contingency In the case Of
the expiration Of the term when the legislature does not
make appointment, 1t equally important, IN all
other cases. that there should be vacancy in the repre-
senaton here But power granted to the executive to
make temporary appointment. And Why Because the
legislature has had opportunity to act the subject
and has either sieuy expressly postponed its action
upon it until the next session In that case the executive
act, and that according the settled course of
presidents which have been made since the decision of Lam
mans case.
'Ifvacances happen, by resignation otherwise during
the Of the legislature of any State" If the legislature
session. and vacancy happens by DEATH resignation
otherwise and if the Legislature permits the subject to
postpones the
that the executive has power TO fill that vacancy by
making temporary appointment Why not' Because
the Legislature has had opportunity upon the sub
ec and the exception does extend any Of that
kind. Here again, is the which urged in
behalf Of the senator from Vermont that there is public
necessity that there should be vacancy Yet not
public necessity in the eyes of trainers of the constitution
They having unlimited confidence in the Legislature if the
legislature has had opportunity the subject
did not think necessary devolve any power upon the
1 executive
"The executive thereof may make temporary appoint
ments until the ntrt MEETING Of me legislature, which shall
then h such vacancies Now suppose that the executive
has omitted TO make temporary appointments until the next
meeting Of the legislature and that the Legislature also omts
10 act upon pospones it. There is the
why the executive should have the powerto fill the vacancy
or TO make temporary appointment as before But every
body admits that the executive make the appoint
mem, And why Because in that the legislature has
had opportunity upon the subject, and therefore
there ia power devoving upon the executive.
Or again suppose that the person appointed by The ex-
eeuve should occupy the seat and at the next session OF
the legislature there should be election made and that he
should ihen during the session after the session. resign
or die There no power given 10 the executive TO make
temporary appointment by which the State could be repre-
scented here. That is vacancy which must remain, unless
the legislature should together for the purpose of
king appointment and yet the which
seems TO be relied upon in the present
In the which the State OF Arkansas where,
by the casting OF lots here after the adjournment Of the e
gsa,ure OF Arkansas the term of Of the senators elect
ed expired before the meeting OF the legislature al
though was original appointment yet this body held
that there was there devovng upon the executive
/ TO make appointment. Ii n term Ii to
commence term But could foresee the vacancy
The legislature al the next preceding session could have
foreseen that there would be vacancy. That vacancy
happened upon contingency, and that contingency the
lot cast here the Senate and therefore the had
power 10 appoint.
Indeed MIR. President there according he
settled course of decisions in this bodyaocordng all Of
the presidents except those which overrued than
third of century ago-where the Legislature has had
opportunity m the vacancy and has not done it, when
been held that that vacancy could be filed by the
tive And the that the trainers OF the constitution
trusted implicitly the legislature discharge the duty
TO exercise the powecal which you wilof appointing
senators to represent the State sovereignty The legislature
is the organ of the State sovereignty and therefore
tor here represents the State sovereignty and the whole
power is devoyed upon the legislature OF the State where
the legislature have opportunity upon the sub
jet The Legislature assembling would termi-
nate the appointment
Now sir this being the general provision and this being
the only exception, say that the exception limited TO that
precise and that there principle incorporated into
the constitution by which, wheu the Legislature has had
opportunity 10 act upon this subject the action Of the egs
aturc, It's nonaction, be supervised corrected
| remedied by the executive Of the State.
Let 60 step further Itisproyided that the
ecutive thereof may make temporary appointments until the
next meeting OF the legislature ohioh shall then FL such
oaneyn The power OF the legislature ill the
does from thai expression for that power had al
expression there This inserted
the constitution for the purpose only OF excluding concur
Il is inserted for the purpose Of clearly
that the executive appointment shall extend beyond that
meeting of the legislature; that II shall then terminate; that
the legislature shall then I'LL the by