The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-13
BURROWS OPPOSES QUAY
Argument Against Admitting the
Pennsylvania TO the Senate.
History of the Case Reviewed and
Prccedents for Adverse Action
atOr Cited = The Danger in Re
versinG n Long Established Policy.

Mr. Burrows Of Michigan delivered a
long speech in the Senate yesterday in
support of the majority report of the Com
mittee on Privileges and Elections, de-
clariug that Matthew s. Quay is not en-
titled to a seat in the Senate on appoint
ment of the Governor of Pennsylvania.
Mr.. Burrows began his remarks with a
statement of his regret that he was forced
TO differ with so many of his associates
on the question, and as proof that he was
acting consistently in taking the ground
that he has on this case, he referred to
Mr.. Corbett of Oregon, under what he re-
garded as precisely similar conditions.
He then recited the history of the Quay
case in detail, and after quoting the APP
pointment clause of the Constitution, the
meaning of which he considered the main
point of discussion, he said:
One Question Involved.
The sole question presented for the
consideration Of the Senate is whether
this vacancy occurring on the 4th of
March, 1899, in the manner stated, and
when the Legislature was in session, was
such vacancy, within the meaning of the
Constitution. as the Governor of the State
could supply by temporary appointment. If
it was. then the right of Mr.. Quay to a
seat in this body by virtue of the Gov
ernor's commission is unquestioned and
unquestionable. If it was not, then such
appointment was wholly without authority
OF law, and the commission issued in puT
suance thereof was utterly null and void. y
Referring to the remarks made by Mr..
Wolcott few days ago in which he zap
pealed to the friends of Mr.. Quay to come
to his assistance, Mr.. Burrows said: Il
have understood and supposed that he
qualifications for a United States Senator
were prescribed by the Constitution Of Tie
United States, requiring that oae should
have attained the age Of thirty years. been
nine years a citizen of the United States.
and an inhabitant of the State ifom viii q
chosen
1T has not been my understanding that
in addition to these qualifications he
should possess the friendship of the indi-
vidual members of the Senate, or that If
he possessed these constitutional qualifi-
cations that the personal likes or dislikes
of the individual members of the Senate
could in any way be invoked in determin-
ing the right TO seat in this body. We
are admonished that Mr.. Quay has here
tofore been a member of the United States
Senate, but it has not been my under
standing that, in addition to age, citizen
ship, and inhabitancy of the State, it was
also essential that one should have been a
member of a previous Senate. / do not
find il laid down in the Constitution, as
one of the qualifications for admission TO
this body, that a man should not only be
of proper age, citizenship. and a resident
of the State, but should also have voted
for or against the Force-bil some time
in the course of his Senatorial career
Mr. Burrows described the conflicting
views that have been held by the two
sides as TO the meaning of various words in
the appointment clause, and said: so
far as this case is concerned. it is mat
ter OF utter indifference what construction
is TO be put upon these words if the Senate
is to have the slightest regard for its own
precedents as it is the established rule of
the Senate, founded upon an unbroken line
of decisions-from the foundation of the
Government until this hour-that the Gov
ernor OF State has no authority TO make
temporary appointment to a vacancy in this
body which occurred when the Legislature
was in session" . POD H"0' 'h't.s- -4-
Mr.. Burrows then gave detailed History,
step by step of the development of he
appointment clause" from its inception TO
its final completion and embodiment in the
Constitution and declared that the fJllON-
ing express conditions must p e.
exist before the executive Of the State can
exercise the power of temporary appoint
ment:
First, vacancy must happen; second.
1t must happen during a recess; and third,
it must happen by resignation or other
wise.
"Only when these three things concur
and co-exist," he said, can the executive
of State exercise the power of temporary
appointment"
Preccdcnts and Decisions.
Mr.. Burrows quoted numerous prece-
dents and decisions bearing on the case,
and said
I'm the light. of the plain terms of the
Constitution and the pronounced opinions
of some of the most learned hnen ever
holding seats in this body. it seems to me
the contention on behalf of Mr.. Quay
must fail utterly at the very outset, be
cause the Vacancy to which he is commits
stoned did not happen or take place dur
ing the recess of the Legislature, but
when the Legislature was in session and
could fill. and is not, therefore, such a va
cancy as the executive is permitted under
the Constitution to supply"
Referring 10 the statement made by Mr..
Spooner, in his speech on the case, that
the Legislature OF a State may be so de-
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