Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-03-22
WEDNESDAY. MARCH %, 1893
A Question TO BE Settled.

From the foundation OF the government
until now the United States Senate has at
times been called upon 10 discuss and de-
eide the question what that clause OF the
Federal Constitution means which pro-
vides as TO the United States Senate as
Follows:
III vacancies happen by resignation or other
Tlee during tho recess OF tho Legislature OF any
State the Executive hereof may make tempo
rary appointments until the next meeting OF the
Legislature, which shsll then fill such va
~cancies"
The FIRST point settled by the conssitu-
tional provision Just quoted Is that the
Governor of a State cannot appoint q
United States senator whilst the Legisla-
tuTe is in session.
A point might be made ss 20 the closing
words Of the clause we have quoted
namely. whether the language means that
the Governors power 10 appoint shall con-
time until the next meeting OF the Legs
Sature. or that the appointments made by
him shall last until the next meeting OF
The Legislature? If the Governors APP
pointmen: can last only till the meeting of
the Legislature. then 1t would seem that
the seat Of every United Estates senator
appointed by q Governor becomes vacant
the moment the Legislature of his State
meets in lawful session.
As well az we can recall the positions as
eumed in theSeuate in the discussion of
this subject the most difficult question was
ns TO what the Constitution means when
il saws that IF vacancies hGppai by resig-
nation or otherwise during the recess OF
the Legislature" DC. de-. What does the
word happen" here mean? For many
scars IT was held 10y the Senate that a va
tancy f|oreseen and not provided against
did not happen" in the sense in which
that word il employed in the Constitution.
but since the close Of the war between the
States that body has decided IN at least
one case that the language Of the COnstI-
tuition means that If vacancies " happen 10
exist" caused by resignation or otherwise,
the Governor may make temporary APP
continents until the next meeting Of the
legislature. BEN. HILL took this ground.
Day before Yesterday the Committee on
Elections hold u meeting and voted upon
the question Of admitting into the Senate
The three senators claiming seats under
appolntments made by the Governors of
the new States. The senators who voted
f. scat them are. We think, better constl-
tutional lawyers than those who voted
against seating them. Those voting
"aye" were Messrs. TUErIE and PuCH,
Democrats. and Messrs. CHANDLER, HOAR,
and HIGGINs, Republicans. All these are
able lawyers. except. perhaps, Mr.. CHASD-
LIZ, who. however, voted IN the 8fiirma-
tive IN order 10 get the matter before the
Senate. but reserved the right to vote
"nO" III that body. Those voting no "
were Mes,rs. VANCE. palmer. and GRAY,
Democrats, and Mr.. MITCHELL. RepuOll-
can. We think that only one of these lat
Ter senators stands "a high as "a lawyer as
do several of those voting III the aifirma-
tive. And so we have reached the cOnclu-
sion that the three gentlemen holding gu
bernatorial appointments will be seated.
Now is tho time to decide the questions
involved IN these executive appointments.
There seems TO be no party consideration
70 mislead any senator into casting d
wrong vote. Moreover, the Senate may
20 to the bottom of the matter, seeingtha'
the House of Representatives is not N
session. and there is no limit to the time
which the former body may devote to this
interesting discussion.