The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-09
In SENATE OF THE U. STATES.
THURSDAY, MARCH s, l549.
SMITHSONIAN INSTITUTION.

SMITHSONIAN INSTITUTION.
On motion by Mr.. DAVIS, of Mississippi, the Senate
proceeded to the consideration OF the following resou
ton, submitted by him yesterday;
Rolped, That in the opinion Of the Senate, when vacan
oes IN the Board OF Regents Of the Smithsonian In
sution by expiration of the term of any senator hs
TO MI such vacancy by law vested in the President
OF the Senate.
Mr. BENTON | believe that resolution proposes to
declare the meaning of OF Congessto declare the
meaning of OF Congress by a resolve of this body
believe that is It's efect-to declare the meaning of an
act Of clause OF an act OF Congress, by mere re-
solve of the Senate | believe that the only way in
which we can declare the construction of a law is by
acting upon the they occur according TO our un
destandng of the act Though such resolutions have Of
them deeming them abstract in their character believe
also, sir that this is legislative resolution, having the
effect of a law and such we can take notice OF il
in my opinion in executive session believe il has
been for long time concede that OF the two faculties
that of enacting statute, and that OF constituting 1.-THE
larger power the power of constructions for it often
times happens that act is construed entirely different
from what the makers intended and being the last act
is the conclusive it binds to that construction.
look upon the resolution, then, both as declaring the
meaning OF act of Congress- and as being Legislative
action; and in both points OF view, think it is unpa
lamenary for to act upon that resolution. For both
of these reasons am opposed to
Mr. DAVIS OF Mississippi. | cannot look upon this
resolution legislative IN It's character; It's efficacy being
only declare the construction of act, far the
action OF the Senate is declare the meaning
of point in the law IN the execution OF which the House
is not all connected. 1t IS purely matter with the
Senate and think not subject TO the objection which
the senator from Missouri has raised II is thing Of
constant occurrence to declare what the meaning and
construction of law, and | am therefore hardly pre-.
pared for that objection at this particular stage The
cessy exists and EXISTS n the Senate alone. OF under
take no part in it, for 1t provides simply for the appoint
men of regent for the Senate the only question being
whether that appointment shall DC made by the body
ton seems to me proper TO see' now that action re-
CURED
MIR. MASON understand that this resolution has
come before under an initiative taken by the presiding
officer A resolution adopted by the board of re.
gents of the Smithsonian Institute that the Secretary
should notify the President of the Senate that vacancy
exists in the board OF regents arising from the expiration
of the term of senator who had been appointed regent
left il with the President of the Senate to decide wheth.
whether it was in the Senate whose presiding officer he
was Upon looking at the law there can be no question
whatever that the appointing power is either in the Pre
dent of the Senate the Senate itself This being taken
as undoubted, apprehend that the suggestion Of the
honorable senator from Missouri, which would be very
we'll taken if the Senate called upon to expound
law does not apply to its decision upon its Of
action. have examined the subject with some care,
and have to the conclusion that the appointing
power, where the vacancy exists by the expiration Of
The term of regest who was senator, resides in the
President of the Senate, and in him aone aad that hs
is 10 exercise that power without the OF The
Senate The substance OF the law is, that the board Of
regents body of twelve gentlemen, shall be chosen fol-
lows three OF them must be taken from the Senate three
from the House of Representatives, and the remaining
from the citizens at large The law vested in the PIes
dent of the Senate without any action upon the part Of the
Senate whatever, the power to appoint the three senator's
from that body and vested In the Speaker OF the House
OF Representatives,, and in him alone. the power OF a
were be selected from that bo1y. AS for the remain
ing six, who TO be taken from the citizens at large
il required that they should be appointed BY joint eso
luton of the two houses. So stands the law The only
doubt that proceeds from that provision of the
law which intended to provide for the filling OF vacan
cies when they occur, in either OF these three classes
rAfha Ihn
that when vacancies occurOr, to the language
the law, when vacancies happenby death, resignation,
Otherwise, if the vacancy exists among those taken
from the senator's or 1t the vacancy exists among thos
taken from the House OF Representatives, then the \
vacancy is to be filled in the same manner as va
cances are filled in committees and ii the vacancy
occurs among those who chosen from the citizens
at large, it shall be filled by joint resolution. Now
think the terms OF the law are clear, that when
the appointment is made it is to be made by the Press
dent of the Senate the vacancy occurring among those
chosen from the senator's and when among those chosen
from the representatives by the Speaker of the House
Representatives, No power is reserved to the House
Representatives to appoint members OF that body norB
any power reserved 10 the Senate 10 appoint members
from that body but the power to I'LL vacancies is lodged
in the presiding officers OF the two houses Such berg
the construction OF the law, which entertain, am pre-
pared to vote for the resolution which has been offered
which is merely to declare this to be the opinion OF lhe
Senate.
Now as to the suggestion of the senator from Nilsson
ri that it is incompetent for the Senate to consue law
by separate resolution, presume that although this
construction OF the law, yet as It is a constructor
which only affect the Senate and can in no way be
connected with the action OF the other House, we may
entertain it. The question s-and it is simple ques
tion-wheher the appointing power resides IN me pt
siding officer or in the body at large. presume ID
competent for the Senate to pass upon the exposition ola
law which concerns themselves alone and shall 'nets
fore vote for the resolution A.
Mr.. BENTON. | know nothing at all about ue
merits OF the question. have not given 1t any attention
The ground taken by the senator from Virginia that s
right for the President OF the Senate to make the appo
ments. Very WE'LL let him do it; and then, II anyhow
thinks it is not right he bring up the subJect aa
the question of construction then be decided LelNM
decided by the act, and not by aresoye, deciding lo
Sir resolution at this time, being abstract BINDS hooo
construction OF the law 1t cannot show whal ls eo
sruction will be. Why, sir the construction OF law
practical question: to be decided when the law nS
been acted upon either by the act or when the qu'n
comes up upon the construction thus given to IT. TO-
hold it, then, to be incompetent Mr.. President, o
us either to declare the meaning OF this statute py m
luton, laid upon table for action, not only because
the meaning of statutes cannot be declared IN tna a
ner, but also because in executive session. a
are entirely destitute OF all Legislative iuncuo t
we do not perform the slightest act OF Legislative V
acter. So far from declaring the meaning OF az low
which is equivalent TO legislative action, during mi or
ecutive session. capnot even give notice OF on'
anything at all of such character. . sL
Such my views of this resolution, 40 NJ. "s
that it be laid upon the table, but deemng IL 10 DC lv
in two particulars both OF them innovations, anu , ,bs
to be injurious presidents, | ask that we may nav li
yeas and nays upon it, tina, my name may DC 'e'''''
against it.
The yeas and nays ordered. 9Th.
Mr. MASON. would suggest to the senator 10 .s ",s ao
draw his call for the yeas and nays Tor think we Ss
dispose of the subject in another way, The ON! d
to get the sense of the Senate upon the consracuv