Page:Federalist, Dawson edition, 1863.djvu/615

Senate," and the duration of the appointments, "to the end of the next session" of that body, conspire to elucidate the sense of the provision, which, if it had been intended to comprehend Senators, would naturally have referred the temporary power of filling vacancies to the recess of the State Legislatures, who are to make the permanent appointments, and not to the recess of the National Senate, who are to have no concern in those appointments; and would have extended the duration in office of the temporary Senators to the next session of the Legislature of the State, in whose representation the vacancies had happened, instead of making it to expire at the end of the ensuing session of the National Senate. The circumstances of the body authorized to make the permanent appointments would, of course, have governed the modification of a power which related to the temporary appointments; and as the National Senate is the body, whose situation is alone contemplated in the Clause upon which the suggestion under examination has been founded, the vacancies to which it alludes can only be deemed to respect those officers in whose appointment that body has a concurrent agency with the President. But lastly, the first and second Clauses of the third Section of the first Article, not only obviate all possibility of doubt, but destroy the pretext of misconception. The former provides, that "the Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six years;" and the latter directs, that, "if vacancies in that body should happen 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, which shall then fill such vacancies." Here is an express power given, in clear and unambiguous terms, to the State Executives, to fill casual vacan-