St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1900-03-07


intend to provide for the neglect or re-
fusal OF those agents to discharge their
duty to the State. If its representation
is not full through the failure of either of
those agents to discharge its duty to the
State, the failure is not chargeable to the
| Constitution, but to the State for having
selected such agents as will not discharge
their duty to it.
The Interpretation of the Constitution
contended for elevates party spirit or al
legiance to the caucus nominee-and
makes it dominate patriotism, or allegi-
to the State and nation. l cannot be
lieve that Washington, and his associ-
ates in the Constitutional Convention,
had any such intention. Duty to the
state and nation was the dominating
spirit that ruled their action, and led
them to make conflicting views and in
terests of their separate states subservi-
ent to the supreme welfare of all the
states centered in the national govern.
ment which they were periodically
struggling to bring into existence. Not
for moment did they allow party spirit
to dominate their action, nor intend to
frame a national constitution which
would countenance the domination of
such spirit in the election and appoint
ment of senator's.
The Interpretation have given, l un.
derstand, has been the uniform, or nearly
uniform, Interpretation placed by the
Senate upon the constitutional power
OF the executive of a state to fill vacan.
cies in its senatorial delegation. In my
Judgment it is correct and should be ad-
hered to. do not understand that the
question of policy is to be considered in
constituting these provisions of the con.
stitution. The language is precise and
clear, and should receive its plain and uu-
doubted import. If the language were
OF doubtful import the question OF policy
might be considered. EVENT. policy were
to be considered it only strengthens the
Interpretation have placed upon these
provisions. During the present year the
legislature of four states, dominated by
party spirit, have failed to elect success
sors, and the states are unrepresented
except by one senator. In each of these
states have observed that the news
papers charged that bribery and unlaw.
tul influences were used by one or more
OF the candidates tor election. ! know
nothing and affirm nothing in regard to
these charges. Conviction OF bribery by
Section 4, Article II of the constitution,
disqualifes the convicted from holding
any civil office under the government.
Bribery of an elector is a disregard of,
and an attack upon, the fundamental
principles of our system of government.
Although not convicted, one fairly shown
to have been guilty, directly or indirectly,
of bribery or the use of unlawful means
to secure his election, should not be seat
ed as senator, whether strictly a civil
officer or not. But what has transpired
during the heated contest of an election,
and whether unlawful means were used,
can better be determined by the people OF
the state in which the session of the legis-
lature is held, than here at the capitol.
II such charges are so well supported as
to defeat an election, it is, in my judg-
ment, much better policy not to have the
state fully represented in this body, than
to have the vacancy filled by the execu-
tive of the state, who is frequently the
partisan of one of the candidates, and
may be the partisan of, and would ap-
point, that one charged with having
executive might not believe the charges.
He would not bein state of mind either
to examine into their truth, or to deter
mine whether they were we'll founded or
not. Again, giving the executive the
power to appoint whenever the legisla-
ture of the state fails to fill the vacancy
holds GUITAR inducement to the candidate
who feels sure of the support of the exc
cutive, even when he knows that he can
not be elected by the legislature-the real
representative of the people of the state
to do all he can to block an election by
the legislature, feeling certain that if no
election is made, he will secure the posi-
tion for time by appointment.
Other reasons might be urged against
the enlargement of the power of the exc
cutive to fill vacancies by appointment
which the legislature OF the state has an
opportunity to fill. If the legislature
will discharge it's duty to the state, there
will be no need OF such enlargement of
the power of the executive. II this body
adheres to its holdings that the executive
has no such power, there will exist, as l
think there should, strong inducement,
both for the legislature to discharge its
duty, and for the governor to call them
together in extra session to discharge it
when they adjourn without having filled
the vacancy. The theory of the consti-
tuition is that the legislature more fully
represents the people of the state than
does the executive. No detriment has
fallen upon the republic under the hold
ing that has hitherto prevailed. | am
quite sure there might if the senate
should hold that the executive has the
power contended for. Upon my under
standing of the constitution, / should
disregard the oath l have taken to sup
port it it / should vote to seat Mr.. Quay.