But last, 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 vacancies in the Senate, by temporary
appointments; which not only invalidates the supposition, that the
clause before considered could have been intended to confer that power
upon the President of the United States, but proves that this
supposition, destitute as it is even of the merit of plausibility, must
have originated in an intention to deceive the people, too palpable to
be obscured by sophistry, too atrocious to be palliated by hypocrisy.
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