The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-24

| despoiled by executive assumption; that
| the Senate should not be kept full by revo-
| lutionary means and unlawful procedure
| and that the temporary expedient should
| not survive the emergency for which il
was provided.
Penrose Speaks for Quay.
Mr.. Penrose the next speaker. submitted
long argument in support Of Mr.. Quay S
claim to a seat. beginning with a review
Of the constitutional arguments that have
heretofore been presented. He maintained
that the progress of Interpretation of the
appointment clause" Of the Constitution
had been continually in the direction of
the ground he had taken as to the validity
Of executive appointments. Taking up this
clause he discussed it in detail, word by
word after which he treated every other
clause or sentence in the Constitution hav-
ing the least bearing on the subject in a
similar manner. Summing up the mean
ings thus derived he said,
The Constitution OF the United States
clearly intended to create a Senate, and
to have Senate implies that the member
ship Of that Senate shall be represented in
full, in every principle Of justice to the
people and protection to the smaller
States To provide for the creation of that
Senate il was distinctly declared that the
Senator's should be chosen by the Legisla-
lures, and in order to meet every possible
emergency it was also provided that in
case Of vacancies the Governor should ap
point Each authority is equal in its re-
spectiye sphere; one is neither inferior
nor superior TO the other.
The object Of the Constitution was that
the States should be represented, and for
that purpose. and in order to avoid every
tion, or perhaps an absence OF representa-
tion, the Constitution created two methods
Of constituting Senators, namely. by cleo
tion for a full term or the remainder of a
term and by temporary appointment. The
former was vested in the Legislature Of
the State and the latter in the Governor.
The powers Of each are separately and dis
tinctly given, they are independent powers.
The Governor has nothing to do with
elections; the Legislature has nothing tc
do with temporary appointment. The Leg
islature is to elect and the Governor is
to fill temporarily vacancies, however oc-
curing. and by these two means the self
evident purpose Of the Constitution in ere
ating the Senate is to be accomplished
that the Senate should be kept filed Any
other Interpretation is not to carry out,
but to defeat the constitutional intent"
The Question of Prccedcnts.
On the question Of precedents. to which
so much reference had been made. Mr..
Penrose said that many of them had been
admittedly decided upon party lines and
must be considered as partisan decisions.
He maintained that there was no reason
why the decisions reached in the Corbett
and the Mantle cases should cause Sen
ators to bind their votes in the pending
case by the doctrine of stare decsis or by
any principle Of consistency.
In conclusion Mr.. Penrose said.
The proposition that the Constitution /
provides for the election of Senators for a
term or for the remainder Of a term and /
for the temporary appointment of Senators I
in case of vacancies until the Legislature /
meets and elects is simple and direct. On /
the other hand, any proposition which in !
wolves any limitations arbitrarily set up, |
based upon refinement and technicality,
upon the right Of the executive to appoint. !
involves the question in confusion and OBJ
scurity. More than this, It has been the |
why so many of these cases
are valueless as precedents. because they
have been open 10 the charge of having
been decided upon partisan or factional
lines.
The moment we attempt to define and
% restrict and to limit the executive pow
sr Of temporary appointment to hll vacau-
lies we open the door for discrimination
md distinction in each particular case.
These cases Of executive appointment viii
never be settled in this Senate until they
ire settled upon the plain, common-sense
principle Of recognizing the right Of the
State to be represented. the paramount
purpose Of the Constitution to keep the
senate full, and the power OF the Legisla-
ure and the Governor. in their respective
pheres. to contribute to that end Until
hat is done these cases will always be in
olved in partisan and personal considera-
ions H ...s.. --....-
They will be acted upon from very
much the same party and personal mo-
ives as exist in the decision OF a contest
d election case in the House OF Repre-
entatiyes. or formerly In the English Par
lament, before the abuses became so great
hat the high prerOgative Of judging Of
be qualifications Of its own members was
aiken away from Parliament and referred
o the courts. That the plain and simple
now contended for will be the
ltimate decision and practice Of this Sen
tie l have no doubt whatever"
At the conclusion OF Mr.. Penrose's speech /
he Senate adjourned until II o'clock this
lorning, the vote on the Quay case being
xed for 4 O'Clock this afternoon.