St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1900-03-07
SENATOR ROSS ON QUAY.
He Opposes His Admission 10 the Sen.
ate ON Constitutional GSrOunda.

ate ON Constitutional Grounds.
Senator Ross delivered another power
full speech Saturday in the Senate. His
speech on the constitutional relation of
the United States to it's territories, deliv-
cred earlier in the session, gave him a
reputation as profound constitutional
lawyer. Therefore his speech Saturday
on the constitutional aspect of the Quay
case was listened to with marked atten-
ton.
During his address he was frequently
interrupted by Senator Penrose, of Penn
sylvania, and Senator Hoar, of Massa-
chusetts. After many annoying Interrupt
tions Senator Pettus, of Alabama broke
in and said, "Mr. President. great law
yer is talking to US, and l do hope he will
be allowed to talk" Senator Penrose
then apologized to Senator Ross, who
was allowed to finish his speech without
further Interruptions.
| Judge Ross took the round that, after
the legislature of Pennsylvania had tried
and failed to elect a successor to Mr..
Quay, the governor of the state had no
constitutional right to appoint to fill
the vacancy.
He said in part, The question must be
determined by the provisions of the Con-
stitution. By that instrument the Sem
ate is provided for, and the manner of
electing and appointing senators pre-.
scribed. Section of article OF the con-
stitution reads: 1.-THE Senate of the Uni
ted States shall be composed of two Sem
ators from each state, chosen by the legis-
lature thereof, for six years" This is the
general provision regarding the election
of Senator's. The Senators represent the
states in the national government. By
this general provision the legislature of
each state, as the representative body of
its people, is empowered to elect its SEN
ators. From this general provision it is
the manifest intention of the sovereign
people who framed and adopted the con.
stitution, that the Senatorial representa-
ton of the state in the national govern
ment shall be chosen by the legislature
of each state whenever the legislature
has an opportunity to make such cleo
ton. The people presume that its repre-
sentative, the legislative body of the
state. will discharge its duty in this re-
spect, whenever it shall be in session and
in condition to act. But the people
conceived that a vacancy might arise
when the legislature of the state might
,.AAk he,
filling of such, and only such, vacancy
they provided for. Further in the Sec
ton comforting this power upon the legis.
lature of the state to choose the Senator's
of the stale is this provision: land il va
cancies happen, by resignation or other
wise, during the recess of the legislature
of any state, the executive thereof may
make temporary appointments, until the
next meeting of the legislature, which
shall then fill the vacancies" This is the
entire provision comforting power upon
the executive of the state to make ap-
| pointments to fill vacancies in the sena-
torial representation OF the state.
| Each clause and part is expressed in
language clear and easily understood,
which carefully guards and limits the
particular power of appointment therein
conferred upon the executive. 1t does
not empower him to fill all vacancies.
He cannot fill vacancy happening while
the legislature is in session nor while it
remains in session. 1t must be vacancy
happening during the recess oflegisla-
ture." Happen" means to occur or to
come to pass, generally unexpected. The
clause during there oftheleg slature"
fixes the time when the happening must
occur. No power is conferred upon the
executive to fill any other vacancy. The
appointment of Mr.. Quay does not fall
within this provision of the constitution
which confers power upon the executive
of the state to make such appointments.
Mr.. Ross then attacked the contention
ofthose who would seat MIR. Quay that
the word "happen" in the clause land if
vacancies happen during the recess OF the
Legislature" should be given the mean
ing of happen to exist" because, as they
urge it was the intention OF the trainers
of the Constitution that States repre-
sentation in the Senate should be always
full, and he continued: First, it is not
contended that the executive is author
lied to fill a vacancy while the Legisla-
ture of the State is in session and has an
opportunity to fill it. 1t is not claimed
that the executive may appoint while the
legislature is endeavoring to fill the va
cancy, although its action is ineffective.
For, if the executive should gil it by ap-
pointment and the legislature then in
session should afterwards elect some
other than the executive appointee,
conflict would Immediately be precipit-
ated. This clearly was never intended
1t was never intended that the
power OF the legislature to elect. and the
power of the executive to appoint, to fill
the same vacancy, should exist, or be ex-
ercised, concurrenty. Then, secondly,
the power given to the executive to APP
point is not mandatory, but permissive.
1t is not that he shall but that he may
appoint 1t was stated when this pro-
vision was under consideration in the |
constitutional convention that this
power was made permissive because the
vacancy might occur during recess of
the legislature, but so shortly before it |
would convene that the executive might !
deem it unwise to exercise the power. !
Hence it is clear that the trainers of the |
Constitution did not intend that each |
State should always be fully represented |
in the Senate, and it is unnecessary to |
change happen" word dwell known,
precise meaning, to exist" in order to |
carry into effect the intention of the |
trainers OF the Constitution. Again, if |
they intended that happen" should
mean exist" why did not they use
exist? They were intelligent men, and |