the greater and better man. That vote I repeated, and
in that vote I should have persisted, had I not been driven from it
by imperious necessity. The prospect ceased of the vote being
effectual, and the alternative only remained of taking one man for
President, or having no President at all. I chose, as I then
thought, the lesser evil.

From the scene in this House, the gentleman carried us to one in the
Senate. I should blush, sir, for the honor of the country, could I
suppose that the law, designed to be repealed, owed its support in
that body to the motives which have been indicated. The charge
designed to be conveyed, not only deeply implicates the integrity of
individuals of the Senate, but of the person who was then the chief
magistrate. The gentleman, going beyond all precedent, has mentioned
the names of members of that body, to whom commissions issued for
offices not created by the bill before them, but which that bill, by
the promotions it afforded, was likely to render vacant. He has
considered the scandal of the transaction as aggravated by the
issuing of commissions for offices not actually vacant, upon the
bare presumption that they would become vacant by the incumbents
accepting commissions for higher offices which were issued in their
favor. The gentleman has particularly dwelt upon the indecent
appearance of the business, from two commissions being held by
different persons at the same time for the same office.

I beg that it will be understood that I mean to give no opinion as
to the regularity of granting a commission for a judicial office,
upon the probability of a vacancy before it is actually vacant; but
I shall be allowed to say that so much doubt attends the point, that
an innocent mistake might be made on the subject. I believe, sir,
it has been the practice to consider the acceptance of an office as
relating to the date of the commission. The officer is allowed his
salary from that date, upon the principle that the commission is a
grant of the office, and the title commences with the date of the
grant. This principle is certainly liable to abuse, but where there
was a suspicion of abuse I presume the government would depart from
it. Admitting the office to pass by the commission, and the
acceptance to relate to its date, it then does not appear very
incorrect, in the case of a commission for the office of a circuit
judge, granted to a district judge, as the acceptance of the
com