Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/212

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204

CONSTITUTION OF THE U. STATES.

[BOOK III.

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." It does not appear, that any strong objection was urged, in the convention, against this proposition, although it was not adopted without some opposition.^[1] There seem to have been three courses presented for the consideration of the convention; either to leave the vacancies unfilled until the meeting of the state legislature; or to allow the state legislatures to provide at their pleasure, prospectively for the occurrence; or to confide a temporary appointment to some select state functionary or body. The latter was deemed the most satisfactory and convenient course. Confidence might justly be reposed in the state executive, as representing at once the interests and wishes of the state, and enjoying all the proper measures of knowledge and responsibility, to ensure a judicious appointment.^[2]

§ 726. Fifthly; the qualifications of senators. The constitution declares, that "No person shall be a sen-

↑ Journ. of Convention, 9th Aug. 237, 233.
↑ In the case of Mr. Lanman, a senator from Connecticut, a question occurred, whether the state executive could make an appointment in the recess of the state legislature in anticipation of the expiration of the term of office of an existing senator. It was decided by the senate, that he could not make such an appointment. The facts were, that Mr. Lanman's term of service, as senator, expired on the third of March, 1825. The president had convoked the senate to meet on the fourth of March. The governor of Connecticut in the recess of the legislature, (whose session would be in May,) on the ninth of the preceding February appointed Mr. Lanman, as senator, to sit in the senate after the third of March. The senate, by a vote of 23 to 18, decided, that the appointment could not be constitutionally made, until after the vacancy had actually occurred. See Gordon's Digest of the Laws of the United states, 1827j Appendix, Note 1, B.

[1] Journ. of Convention, 9th Aug. 237, 233.

[2] In the case of Mr. Lanman, a senator from Connecticut, a question occurred, whether the state executive could make an appointment in the recess of the state legislature in anticipation of the expiration of the term of office of an existing senator. It was decided by the senate, that he could not make such an appointment. The facts were, that Mr. Lanman's term of service, as senator, expired on the third of March, 1825. The president had convoked the senate to meet on the fourth of March. The governor of Connecticut in the recess of the legislature, (whose session would be in May,) on the ninth of the preceding February appointed Mr. Lanman, as senator, to sit in the senate after the third of March. The senate, by a vote of 23 to 18, decided, that the appointment could not be constitutionally made, until after the vacancy had actually occurred. See Gordon's Digest of the Laws of the United states, 1827j Appendix, Note 1, B.

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