Samuel S. Phelps (W-VT) had been appointed by the governor during a recess of the state legislature, and the legislature later convened and adjourned a session without electing a senator to replace fill the vacancy. The Senate ruled that Phelps had lost his entitlement to sit when the legislature adjourned. See Currie, David P. (May 10, 2005). The Constitution in Congress. University of Chicago Press. ISBN9780226129006.