The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-09

shall MI such vacancy. Nhch one Is III Is ~ tnc
which has occurred in Consequence OF the original
Mr.. BUTLER | am very sorry that my friend from
Georgia was not IN The COMMITTEE al the time they sEreed
10 make their report can him. however, that II
he had been. the remarks which he has made to day
would have had very little influence my Judgment.
understand him distinctly 10 lay down the proposition
for do not intend 10 meet his rehnements-thst
caney filled by excessive appointment terminates on
the meeting OF the legislature. Do understand Alright
Mr.. BERRlEN. The senator is correct IN his under.
standing
MIR BUTLER. | want palpable propositions. The
proposition OF the senator om Georgia is, that the
ces is filled by the executive and that the executive APP
pontmenl terminates upon the meeting OF The Legislature
Now will putt very clear case. Mf WEBSTER was
elected for SIX years. He resigned his seat and took
place in the cabinet. Upon his resignation the power
deyoved the executive of Massachusettsto do what
Not TO fill the vacancy. There is no such language in
the constitution You cannot find il in the constitution
that he Is TO NIL the vacancy. There Two different
administrations to carry out the same power and the
power is administered in this way: The executive puts
in the seat not to fill H. not 10 ill The vacancy IN the
OF The word but he places hin there Tor an
assigned period to take the vacant seat until the egsa
shall exercise lis authority OF filling the residue OF the
Term Of Mr.. WEBSTER. There is the proposition l. IS
plain III choose to resort to law language, II Is
perfect estate. with the remainder over, Mr. WIN
THoP has had the perfect estate, with the remainder
over to Mr. RANTouL suppose
from Wisconsin Mr.. WALKER] demonstrated by the
legislature the termination OF the term OF the govern
ofs appointee. And whcndid it terminated Was il at
from Georgia has commended, must be permitted 10
say. with great deal Of refinement But il is against
precedent 1t is against the inendment OF the consitu
or, which presupposes that every State shall be repre-
scented this floor by two This the intend
And when the executive put person in that seat,
be put him there un the legislature should ill the
caDcy occasioned by the resignation OF Mr. WEBSTER.
The legislature has filled that vacancy by the appoint
ment Of MIR. RANToUL, and the executive only appoint
ed gentlemrn TO hold the post until the vacancy should
be filled That is the plain. commons meaning OF
the constitution, according TO my construction
Mr.. HALE. wish 10 suggest that We do not seem
to be coming very near the question II s taking up
great deal OF the time OF the Senate to the neglect of The
discussion which ought to have Ind some time ago
relation TO the resolution OF the senator from Maine.
Mr. BRADBuRY,l as TO removals from Office under the
last administration. lLaughterl With view TO get
ling at the question a some early day. move 10 lay the
resolution on the table
! MIR RHETr called for the yeas and nays
The yeas and nays were ordered
Mr. SEWARD. | ask the unanimous consent of the
Senate that have ared on with the honorable
from Kentucky, [Mr CLAY.l and therefore shall
not vote on thus question.
The vote was then taken, and resulted as follows:
YEAs-Messrs. Benton. Bradbury. Butler. Chase, Da.
Wis Of Mississippi Dickinson, Douglass Downs. Fe'ch,
Phelps, pfs,' Sturgeon, upha,n, and Wa,ss-2 MIA
Of Fooe, Greens, Mausam, Mason, Morton, Norris,
SWIM and seSIsse rans
So the motion was rejected
Mr.. UNDERWOOD. 1t is now half-pa two o'clock,
and cannot 90 with the private calender. The day
is wasted and rise to make few remarks this
luton, believing that we have discussed il so long,
would be well 10 settle the question definitely now.
have read the report Of the Committee the judiciary
and think ought to conform 10 them. Now, if you
look 10 the constitution, you will that senators
to be elected, according 10 the provisions OF thai
instrument, by the legislatures OF the States That is
the commencement II you look further into it, you will
lind that, when elected they 10 be divided into three
classes The term Of class TO expire al the end OF
If Irlu
ami OF the third class al the expiration OF six Tt
length OF the duration OF these classes in my opinion
not attended to that they should have done
suggested by the honorable chairman OF the Judi
\ cary Committee in his last remarks.
think if gentlemen OF the Senate will attend TO the
fact these TO continue for two, four, and
years by the constitution, will settle this question
most clearly When vacancy occurs by death. resgna
ton Otherwise 10 vacancy Tor the entire remain
der OF the OF two, four, six Toe remain
ing provisions OF the constitution respect the filling OF
that vacancy How is that 10 be dones III TO be done
ways II The vacancy occurs during the recess OF
the legislature OF the State, which by the constitution,
in the FIRST place. is 10 make the appointment il is 10 be
filled by temporary appointment made by tue governor
Now, the chairman OF the committee has asked most
appropriately, (and there has been answer given 10
III is that temporary appointment made by the governor
for the whole TWO. four. or SIX years Certainly not.
made Is il Tor any fixed period OF that time think
is not II depends upon contingency. according TO the
admission OF every member OF the Senate Some gentle
the ensuing leg stature OF the State after vacancy
occurs Does the constitution say so in terms II does
not Others say II is extended beyond The meeting oil the
gsature, up the time when the election takes place
by the legislature, and another appoinee is elected That
is my opinion
The question, then, is, which of these opinions s
correct, according to the constitution Now, the ey-
pt.ssoD of the constitution is, that the governor is TO
make temporary appointments until the next meeting OF
the legisa think II perfectly clear that the gentle
man from New Hampshire lNr. HALEl and the gentle.
man from Wisconsin Mr. WALaERl have de demonstrated
that the term until" qualities merely the time within
which the governor is TO exetcise that power. Before
the meeting OF the legislature the governor rs 10 exercise
the power OF making Temporary appointments Alter the
meeting OF the legislature nobody bui the legislature 10
| fill the vacancy.
Thus expression therefore, does not limit the duration
OF the appointment, but only Qualities the time within
which the power 10 be exercised by The governor He
is TO say his appolDee Go and take that seat and
bold it, and exercise the duties belonging TO IT," How
long /" up TO the time that individual shall come
with a commission from another authority" lie ~ the
ioeUm ftaeas OF the until other person
with a commission IRON higher authority, and says,
" Give way TO me am entitled to take H." That has
been The construction of the institution from the begin
nng-ihai is the report from the judiciary Committee 1t
does TO me that the language OF the constitution con-
these ideas Just as plan any language possibly
could II carries the object and intent of the trainers
of the government Ii authorizes the ioeum fsnens to
main the discharge Of the duties OF station until
some individual appointed By higher auhorily-the orr
comes with the commission and says, 81 claim the
place" That nils the vacancy; that ills the rest OF the
two, four or six years which by death resignation, or
Otherwise, remained To be filled. The constitution
press The governor shall not appoint individual 10
MI the whole term He is to make mere temporary ap