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

Mr. UNDERWOOD My friends difficulty is this.
according 10 his spumsnt that there is no vacancy,
and ie legislature cannot elect al ALL uRless there be
EpcaDcy created BY The arrival OF the meeting OF The
xisalnre and the termination OF the Office OF this IN
dvdual thai call ioesm tnens 10 order 10 obtain the
privilege OF making legislative election, according 10
his argument, q vacancy must be created BY getting tie
individual that call ioeum sas"s out OF The way
and, BY getting him out OF The way, then he says The
Now il SO happens that the constitution relieves us OF
alt that difficulty The constitution just Steps IN and says
that he shall out Of the way az soon a. the legislature
puts another in his place. That is my construction
OF the constitution that point. The constitution con
templates that he shall remain there until another man rs
provided I'LL his place, and then he must step aside and
let him The constitution says that the legislature
shall fill the vacancy and say that il makes II va
cancy by that expression. The vacancy has occurred,
in this from the resignation OF Mr. EBsTER IL
occurs from the Time OF The resgnaton and II was va
cancy for the residue OF term OF SIX years Now, ac-
corlDg TO the constitution, the governor never had
night TO put Mr.. WINTHROP in Tor those SIX years What
then, was the Limitation upon the appointment OF the
governorl IL was limitation, as we contend on the
other SIDE to be terminated by an election by the leks-
alure Tina, terminates the appointment OF The gov,
ernor Gentlemen say that the constitution terminated
the first day OF the session Now any constiiu-
uonal expression can be shown which terminates the
service OF the governors apponlee on The rs day OF the
session, give up But there is no such expression
The expression is that the governor may make an ap:
pointnent before The meeting OF the Legislature But IN
expressing that dea the constitution does not say that
the powers Of this appotee 10 when the power
OF the governor TO make the appointment ceases by
no means Why, the governor may make an appoint
ment and go out OF office That does no, terminate the
duties of the appoin,ee He is placed there, according
to my construction OF the constitution, TO continue until
he is superseded by legislative election. Now, IN or
der 10 reiule that position you must show that accord
ing the language OF the constitution his duties are ter
minated upon the arrival OF the time when the Legislature
meets defy any gentleman to find any such language
| in the constitution. aaa
But nv friend IMr BERRIrsl comments upon the ex.
preston iocum tenens gave 10 illustrate my meaning
did not intend TO say that the apponee OF The governor
was holding his seal as substitute Tor another Indivia
dual because all know that there can be no such SUB
sulion in senatorial Office, or any other Legislative
office gave it as an llustraiion-not to prove that hs
was mere deputy, substitute for u senator OF the
| United States Everybody knows that there can be nc
such depuiation or Substitution rs that. But, sir my
legal friend behind me knows well do that there
may be an officer Dc tueio, without any legal authority
and yet the acts of that officer may be perfectly legitimate
His duties be executed as II he was an othcer de s
Now, this officer officer de tucl0 but an Officer
de jure He is holding the commission OF the governor
aud according 10 the construction many oil US OF the Sen
put upon constitution he is to hold bis office nniI
he is superseded by legislative election
Sir the whole question IS IN perfect nut shell IS
whether you prove by the constitution that the duties
of this officer terminated upon the meeting OF The
legislature whether they may continue until The Sen
is officially informed that he has been superseded BY
Mr. BADGER. Mr.. President, as this is very i'm
ponan, question: involving the construction OF article
Of the constitution which IS NOT familiar to u.s. and as
has been very much discussed to-day and as Their
are probably many other gentlemen who may wish to ex
press their views upon tin order 10 give those wht
wish to speak fair chance 10 be heard tomorrow,
move that the Senate do now adjourn
Mr.. JONES. ask for the yeas and nays on that mo
| ton.
The yeas and nays ordered and were taken will
the following result: a.
| YEaS-Messrs b ,dger, Baldwin, Bell, Berrien, Bnter
Chase DAVIS of Massachusetts, Davis Of Messspp, D,w
son, Dickinson, Ewn Foote Greene, Hale, Hamlin Man
4 gum, Miller, Morris, Phelps Rnet Rusk, Spruance, TuI
| uey, Upham, Wales, and Yalce-26
! NAYS-Nessrs. Benton Borand, Bradbury, Clarke
j Dodge of Wisconsin, Dodge OF Iowa. Douaa-s Down.
FrIch Housou jones' King, Mason Morton, Pearce. Pau
Sinilh, Underwood and WaKcr-l9
i So the motion agreed 10,
And the Senate adiourned.