The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-06-18
rbe New Hampshire Senator.

ton city. -
The New Hampshire Senator.
In cases arising In former years. the
united states Senate time and sgaiu refused
| 10 allow any sppoIntse Of Governor to be
seated il The vacancy did not happen during
the recess Of the Legislature, or II the Lee
eislature had had chsnce to elect, and had
failed to DO 80. The language OF the fede-
raj Constitution Is a. follows:
"If vacancies happen, by resignation or
lotherwise, during the recess OF the Legls'a.
lture OF any State, the Executive thereof
NAV make temporary appointments until
the next meeting Of the Legislature, which
shall then oil such vacancies"
That language had been repeatedly de-
cided by the Senate to mean that the Gov
ernor could not appoint to fill vacancy
that did not "happen during the recess OF
the Legislature" those being indeed the
very words Of the Constitution itself. II
win be seen that the language OF the Con-
stitution covers the point twice-frst, In
providing that the vacancy TO be filled by
Governor must happen during recess OF
the Legislature. and, secondly, IN proyid-
| ing that IL such vacancy shall have hap
pened in recess the Legislature shall at It's
next meeting an Ii. In the present New
Hampshire case, the Legislature has had
chance to choose q senator but mol
to Oil vacancy; for the fact IS
the vacancy to be filed is prospective. IL
will not actually occur until March, 1888.
Is such vacancy vacancy happening du-
ring a recess OF The Legislature The SEN
ate, we say, so decided in the case Of Mr..
BELL; but under peculiar circumstances.
Mr.. WADLEIGa's term was to expire on the
fth OF March, 1870. The Legislature,
which was the first under the constitutional
amendment providing for biennial sessions
| was to meet June l, 1873, though II had
been elected in November, 1878. That Le'
gislature was the one "chosen" last
before Mr.. WADLEIGH's term expired !;
and under a strict construction OF the
Federal statnte was the one authorized by
law to choose bis successor.
The old Legislature, not the one last
+" chosen,v but the one which last assem-
bled before Mr.. WADLEIGH's term expired,
had construed the Federal statute In the
same way, and it, too, had therefore failed
10 elect Mr.. WADLElGn's successor. ON
the 4th of March, 1870, therefore, yaean-
cy occurred, and no Legislature was in SEES.
sion. The Governor appointed MIR. BELL
TO fill IL. Was this vacancy which, within
the meaning Of the Federal Constitution,
" happened" during the recess OF the Le-
gislature? Many Of the ablest lawyers in
the Senate, following precedents which had
been set years before, argued that va
cancy caused by the expiration OF
the regular term of senator was not
such a vacancy as the Constitution de-
scribed, the vacancies to which that instru.
ment alluded being only such as were not
foreseen-accidenta ones. Ben. HILL,
however, undertook to prove, as was said
at the time, and convinced the Senate, that
TO "happen" did not mean TO happen by
chance; that the Constitution ought to be
construed as il it read, =" II vacancies hap
pen TO he during the recess of the Legisla-
ture," &c. At any rate, Mr.. BELL was
seated.
The present Legislature, accepting that as
a safe precedent, has declined to elect a
United States senator, and turned over the
matter to the Legislature to be elected In
1882. This course is ia strict conformity 10
the letter OF the law, whatever may be
said as to its spirit. Not much harm
can result; because Mr.. ROLLINs's
term will not expire till tue end
OF the session, on the 4th OF March,
1883, and there may be no extra session Of
the Senate that year. III, now, the Governor
should appoint successor to Mr.. ROLLINS,
will he be seated? Hardly. The Senate
will probably decide:as so many preceding
Senates have decided, and let Mr.. HILLS
argument 60 for nothing. Considering that
the next Senate is likely to be as closely d.
vided between The two parties as the pre-
sent one is, the Republicans OF New Hamp.
shire either have 20 fear OF an extra session
In 1888, or else they prefer the risl: Of a
Democratic Senate in 1888 to the danger OF
rejecting ROLLINS in 1881.