The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-04-05
The New Hampshire senator.casc.

to seat in the Senate from New Hamp:
shire, was taken up, and tue majority ana
minority reports OF the Committee on Prlvl-
legcs and Elections were read. The ma
jority report was signed by Senators Sall's--
bury, Hill Of Georgia, Bailey. Herman,
Houston. and Vance, and it submits that
Mr.. Bell is not entitled to the seat he
claims; that the Executive had 20 right to
make temporary appointment at the be-
ginning of term in the Senate which tne
Legislature had not undertaken to I'LL.
rhc committee could net lind III the
Constitution any authority for the appoint
ment by the Executive OF senator 10
begin new term. They held that
the Legislature alone had constitutional
power to elect 4 senator upon the cNplra-
ton of Wadleieh's term, and tue Excel
tive's power is only to ill vacancy IN
term that had been commenced. Nothing
in the history OF the Senate for the last. htty
years, the report says, is at variance with
these views -.
The minority report. signed By Messrs.
Hoar, ingalls,, and Cameron Of Wisconsin,
SETS forth that the purpose OF the Constitu-
ton is to provide against seat in the SEN
ate being empty; and with that view the
authority TO the Executive 10 appoint was
conferred; that this authority holds good
for the beginning o.: term as well as at its
end, or in the middle Of il. The minority
also hold that the precedents favor their
view. 81 ...,.....- -.
Mr.. Hoar addressed the Senate in support
of the minority report, and enlarged upon
the views contained therein. There was.
he said, mt least ten precedens in which the
Government had filled senatorial vacancies
precisely as this one had been filled. In the
case OF Lanman, who, in 1925. presented his
credentials Of appointment by the Cover
nor OF Connecticut, the conditions were al
most precisely similar. The Governor made
TIE appointment before the vacancy actually
occurred. In the settlement Of that case
there were cited three similar cases as pre-
cedents. There was, Mr.. Hoar contended,
an unbroken series OF precedcnts where
senatorial appointments had been made by
Governors where vacancies had occurred.
Mr.. Carpenter asked Mr.. Hoar whether
the Governor could fill vacancy which
might occur from the failure OF the Legisla-
ture to elect, although balioting day after
day until after the senator's term had eX-
pired.
Mr.. Hoar thought not, though this would
be an unusual case. Mr.. Hoar cited largely
from the opinions Of Chiei-Justicc fancy
IUu UlllCl w OH luSl
position.
Mr.. Hill cited the case OF California, and
asked Mr.. Edmunds IT, in bis opinion, the
Governor of that State would have The right
to issue writ of election before September,
the date fixed by law, TO till vacancies in the
House Of Representatives.
Mr. Edmunds said his impression was
that he could do so.
Mr.. Hill asked il Mr.. Edmunds believed
that the President could fill iudgeship in
the Supreme Court, or in circuit or dis
trct court, during recess Of Congress.
Mr.. Edmunds said he was certainly un-
der that impression. The Senator from IL
linoiS (Mr. Davis had been appointed to fill
vacancy on the Supreme Bench during
recess OF Congress. -.
MIR. EGmunds said he should not be able
to agree with all that Mr.. fancy had said.
He had taken q view which, il strictly adj
hered to, would give the President or Gov
errors of States too much power in making
appointments to till vacancies. The scna-
torial Office never expired. Each individual
senator had term OF office, but there were
but two senatorial Offices belonging to each
State. When a vacancy occurs, by death
or otherwise. the Constitution has provided
Il way in which it can be filled.
Mr.. Hill SAID the word "othcrwiSc" in
the language OF the Constitution, when
used in connection with the causes OF va
cancics in offices, had restricted meaning.
1t means similar.
AIR. Edmunds supposed the case Of man
who is supposed to have been killed by
shooting or otherwise. 1t turns out, how
ever, that he had been strangled, and would
the gentleman from Georgia acquit the mur-
Nderer on that account, because the acts were
not similar?
Mr.. Salisbury moved that further con-
sideration Of the bill be postponed until
Monday next. Agreed to.