CHAPTER XXII.

CASE OF MR. LANMAN--TEMPORARY SENATORIAL APPOINTMENT FROM

CONNECTICUT.

Mr. Lanman had served a regular term as senator from Connecticut.

His term of service expired on the 3d of March of this year, and

the General Assembly of the State having failed to make an election

of senator in his place, he received a temporary appointment from

the governor. On presenting himself to take the oath of office, on

the 4th day of March, being the first day of the special senatorial

session convoked by the retiring President (Mr. Monroe), according

to usage, for the inauguration of his successor; his appointment

was objected to, as not having been made in a case in which a

governor of a State could fill a vacancy by making a temporary

appointment. Mr. Tazewell was the principal speaker against the

validity of the appointment, arguing against it both on the words

of the constitution, and the reason for the provision. The words

of the constitution are: "If vacancies happen (in the Senate) by

resignation or otherwise, during the recess of the legislature of

any State, the executive thereof may make temporary appointments,

until the next meeting of the legislature." "Happen" was held by

Mr. Tazewell to be the governing word in this provision, and it

always implied a contingency, and an unexpected one. It could not

apply to a foreseen event, bound to occur at a fixed period. Here

the vacancy was foreseen; there was no contingency in it. It was

regular and certain. It was the right of the legislature to fill

it, and if they failed, no matter from what cause, there was no

right in the governor to supply their omission. The reason of the

phraseology was evident. The Assembly was the appointing body. It

was the regular authority to elect senators. It was a body of more

or less members, but always representing the whole body of the

State, and every county in the State, and on that account vested

by the constitution with the power of choosing senators. The terms

choose and elect are the words applied to the legislative election

of senators. The term appoint is the word applied to a gubernatorial

appointment. The election was the regular mode of the constitution,

and was not to be superseded by an appointment in any case in which

the legislature could act, whether they acted or not. Some debate

took place, and precedents were called for. On motion of Mr. Eaton,

a committee was appointed to search for them and found several.

The committee consisted of Mr. Eaton, of Tennessee; Mr. Edwards,

of Connecticut; and Mr. Tazewell, of Virginia. They reported the

cases of William Cooke, of Tennessee, appointed by the governor of

the State, in April, 1797, to fill the vacancy occasioned by the

expiration of his own term, the 3d of March preceding; of Uriah

Tracy, of Connecticut, appointed by the governor of the State, in

February, 1801, to fill the vacancy to occur upon the expiration

of his own term, on the 3d of March following; of Joseph Anderson,

of Tennessee, appointed by the governor of the State, in February,

1809, to fill the vacancy which the expiration of his own term would

make on the 4th of March following; of John Williams, of Tennessee,

appointed by the governor of the State, in January, 1817, to fill

the vacancy to occur from the expiration of his term, on the ensuing

3d of March; and in all these cases the persons so appointed had

been admitted to their seats, and all of them, except in the case

of Mr. Tracy, without any question being raised; and in his case by

a vote of 13 to 10. These precedents were not satisfactory to the

Senate; and after considering Mr. Lanman's case, from the 4th to the

7th of March, the motion to admit him to a seat was rejected by a

vote of 23 to 18. The senators voting in favor of the motion were

Messrs. Bell, Bouligny, Chase, Clayton, DeWolf, Edwards, Harrison

(General), Hendricks, Johnston of Louisiana, Kane, Knight, Lloyd of

Massachusetts, McIlvaine, Mills, Noble, Rowan, Seymour, Thomas--10.

Those voting against it were Messrs. Barton, Benton, Berrien,

Branch, Chandler, Dickerson, Eaton, Findlay, Gaillard, Hayne, Holmes

of Maine, Holmes of Mississippi, Jackson (General), King of Alabama,

Lloyd of Maryland, Marks, Macon, Ruggles, Smith of Maryland,

Tazewell, Van Buren, Vandyke, Williams, of Mississippi--23; and

with this decision, the subsequent practice of the Senate has

conformed, leaving States in part or in whole unrepresented, when

the legislature failed to fill a regular vacancy.

Thirty Years' View (Vol. 1 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 22 / 166 章