The San Francisco call., 1899-05-28
APPOINTMENT OF SENATORS.

T is undeniable that in every State in the Union
| efforts are being quietly made to commit Federal
Senators, on the score OF friendship, to the re-
versa OF uniform precedents and the violation OF clear
and distinct constitutional law, by seating Matt
QUAY under the appointment OF the Governor of
Pennsylvania after he had failed of election by the
Joint committee of the Legislature OF that State
1t is hard for intelligent and patriotic citizens to
conceive that their great national council filled with
the representatives of autonomous American States,
occupying legislative position analogous to the ju-
dicial distinction OF the Supreme Court of the United
States in the plan of its construction and in its his
torical dignity powerful and grand beyond compari-
son. should be suspected OF intention to sac
rhce its honor for personal considerations Such a
calamity is not to be lightly anticipated But there
are many indications that it is believed to be pos
sble Should it actually occur, it will be accepted
throughout the world as positive evidence that the
Federal Senate is "a millionaire club and as con
clusively proving the necessity OF placing the power
OF selection directly in the hands OF the people.
Every Senator swears to maintain the constitution
OF his country, and if there degrees OF solenity
in the assumption OF Obligations his oath binds him
with pre-eminent sanctty. And the cases in
which Federal Senators can be appointed the CON
stitution is free of any trace OF ambiguity and as
reucid as crystal By article II, section g. it pro-
ture" "by resignation or otherwise a vacancy oc-
ours it may be filled by the temporary appointment
Of the Governor of the State until the next meeting
Of the Legislature which shall then fill such va
cancy"
This language speaks for itself. 1t needs no ex-
pository treatment 1t cannot be evaded or doubted
by any OF ordinary intelligence, nor its binding
force upon the conscience of a Senator pledged to
obey it avoided by any quibbe or by any sophistry
In the records OF hundred and twelve years so far
advised no disobedience to its mandate is
to be found. When Senator George Reede of Della
resigned in 1903, and in January 1914, the Leg
isature of that State adjourned without eectng his
successor, the gubernatoria appointee, Kensy
Johns was rejected because there had been an op-
portunity to elect When Lanman of Connecticut
reached the end OF his term March g. 1926 and was
appointed the next day to succeed himself he was
refused his seat because was held that when repu-
lar term expired, there was no vacancy within the
meaning OF the constitution, though the Legs-
lature in In the Corbet case there was a
Federal Senator to be elected and when session OF
the Legislature OF Oregon began joint convention
could not be held because the Senate only was or
ganzed and the Assembly failed even to choose tenn
porary officers. In this instance if ever there was an
opportunity to claim exceptional situation which
justified the appointment by the Governor But as
III the Delaware precedent there had been chance to
elect thrown through legislative perversity and
Corbett was denied admission by vote of so to 10.
The most remarkable fact about this last evidence
of consistency and OF obedience to constitutional law
by the upper house OF Congress is that Matt QUAY
himself IS to be ranged with the majority HI was
then Senator from Pennsylvania. Senator Morgan
OF Alabama who, like Senator Perkins of California
considered that the special facts OF the Corbett ap-