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

 204 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. 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.

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