The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-18

poinlments until the next meeting OF the legislature,
&c-that is, that The power 10 make appointments
unues until the Legislature meeis and then the power ter
inmates The "untl" does not quality the appointment,
but the appointing power and such has been the unani-
nous practice OF the Senate. Was there ever case
known where a senator, holding a seat here under an
appointment from the governor OF the State vacated his
seat just The legislature OF his State assembled
No, SIR, there has never been such case. remember
that occurred here, during the last Congress
think was-he OF the honorable MIR. Winthrop OF
Massachusetts, holding seat here by appointment
from the governor OF that State. That question was
brought By Mr. Winthrop to the consideration OF the
now then suggested by me, and the honorable
tor from Wisconsin, Mr. WALKERl did me the honor TO
pronounce the opinion, not knowing that II had
previously fallen from so humble source myself
And think the honorable senator irom South Carolina
MIR BuTLER1 gave his views upon that que slion, which
are reported at length 10 our papers And as am IN
formed by the honorable senator from Mississippi, Mr.
BRooKE the same was the case with the honorable Mr.
MeRae, who was here holding temporary appointment
from the governor Of Mississippi This "ant was then
construed by the SENATE qualifying not the time for
which The appointment was made but the power OF the
governor to appoints and the senators thus appointed held
their seats until the Legislatures chose exercise their
power OF eecung 10 fill the vacancies thus filled by ap
poinments by the governor.
There is also another clause in the constitution which
throws light upon this subject Of appointment Speak,
ing OF the President, II says: The President shall
have power 10 I'LL all vacancies that may happen during
the recess OF the Senate by granting commissions which
shall expire at the end OF their next session The lma-
lion there IS upon the commission, showing that the
trainers oil the constitution understood the difference be-
tween The power TO make appointments and the tenure
Of the commissions thus given and when i was neoas-
sary they thus Disseminated Now, in this case they say
governor may make temporary appointments until the
next meeting Of the legislature, but they tailed TO place
any limit upon the duration OF the appointments thus
made But in this other clause which have just read
they limit not only the power OF the President to make
appointments, but The lime through which the appoint
ment shall run. Il seems 70 me. then, that upon this
question the practice of the Senate and the language Of
the constitution aIs clearly imperative that the unti
does net qualify the fine Tor the appointments to rum
but SIMPLY the power Of the governor TO make the ap
If that be so. what them There was vacancy
CURED on the 29th day Of June the day that Mr. Clay
expired What does the governor OF Kentucky dos
Does he undertake to that his power make an
appointment runs beyond the time already liked by the
legislature for the elected by them to 60 into office
No, sir; but in the commission he gives TO Mr. Meri-
weher, who comes here and takes his seat under it, he
limits i BY words 10 the very term of vacancy which
then exs,ed provided Nh Clay had the power 10 resign
bis seat as he did II this question was ever 10 have
been raised, there was the place, when Mr. Merweher
came here with that commission; il gentlemen meant TO
raise that question, that the time to do So Ii the
governor OF Kentucky had simply said to him hereby
authorize you TO fill the vacancy occesoaed by the death
OF lar CayAnd lnen stopped there, then 1t would have
hee for the Senate to have decided the matter But he
did not stop there but qualified the commission be then
issued he had had the pows. 10 appoint. he did not
10 appoint beyond the first Monday in the Sep
TENDER following WE'LL sir, up 10 that time there was
vacancy, . clear and admitted vacancy
NOW, the senator from CoDnecticut MIR. IouCEYj puts
number OF cases which only exist in imagination.
This is of the cases that he puts Suppose that
man is elected for SIX years member Of this body, and
be resigns the last year OF his Term. gives il up and the
legislature then sitting appoints 10 serve that last
year OF the Term Tie then resigns and gives up the fifth
year OF the term fourth year. the third and the second
years and the legislature makes elections TO serve out
tual condition OF thisgs by which surrounded
that there is legislature in the United States that
nues in existence for more than two years, ! be-
q yet m 1py lpytS! n n
any State undertaking 10 make elections for Offices TO
commence after the period when Their political exist
ence would have terminated have never heard that
any such attempt has been made think The list OF
precedents before entirely destitute OF anything
OF that sort il is Of instances OF dead coming here
TO resign the offices they held while living Laughter
Neither even, ha. ever yet occurred no Legislature has
made that attempt, and trust that will
make IT. Therefore, that is case existing only in
imagination, and can by possibility exist IN reality
II has been well suggested TO by my friend from Ken
tncky who sits upon my right, Mr. UspERweop.l
thai the thing is too absurd even TO be thought OF be
cause il such could be the that a Legislature
could elect senator whose term OF service commenced
alter their political existence should terminate, then
one legislature might elect senators Tor bundled years
TO come-mghi elect in perpetuity No. sir; no such
thing eyer was done, and such thing ever will be
done; no such attempt ever made, and no such at
tempt will be made II is therefore evil which
exists only in Imagination and fancy, and disturb
the deliberations OF the Senate upon this question
Now. SIR, this seems to me 10 be the whole OF this
cases II seems to me that II can be illustrated by other
iedSI III cannon IN mnu. nut 10 not
intend 10 speak for anybody else. have given up all
idea OF undertaking convince anybody and shall not
undertake II. confess had light shed upon my mind
yesterday by the remarks OF the honorable from
Connecticut, IMr. TGupEY but do not aspire to any
thing OF The sort in regard 10 anybody else simply
wish 10 set forth here IN my place the which in
huence me | want TO express with all the decision
which can feel, and with all the Difference which en-
isHsin for other gentlemen my 6im conviction that bs
no possibility, b. none OF ihs ingenuity Of sophsy even
can doubt be thrown the right OF MIR Dixon 10 a
seat here in this Seuate Having said that thus decided
~ and himly do not undertake 10 say that II may be
80 IN The minds OF other gentlemen here, because see
and know that il - So see men vastly better able to
form an opinion than who entertain very different
oplaion from what do. Bot speak only OF myself
only speak OF the light In which The subject presents IT,
sell 10 my miDd-of the manner in which strikes me-
do not entertain Doubt cannot entertain doubt Of
his right TO seat here believe his title is Just as good
az mine is-us as good as that OF any senator here
80 far as any other CONSIDERATIONS may be Supposed 10
weigh with me upon this matter, except the simple de-
sire 10 do justice, the honorable gentleman Mr. Dronl-
the honorable SENATOR should say, for think he is
pardon for saying that between him
and his predecessor, Mr.. Meriwether, am as ndif.
ierent as man can we'll be do not know that, look
ing al all Their relations personal and political, would
turn my hand one way the other in order TO decide
this question. They both belong TO healthy political
orgaaga,oass tIssuxhier Hr Meriwe,her belongs 10
one rather swollen, which does not Indicate entire health
and Mr., Dixon TO rather ank, and tina does not in
dicate entire health either. [Lsughier.l They are both
ahke 10 me 80 lar "a political concerned
and The slight acquaintance that have had with either
OIL them has been all that gentleman has a right 10
expect from another. do not know that ever was in
~ my HE, placed IN situation in which felt such n-
dlhesaIse az Ter as that is concerned am in this
matter -
boi an DESTROYS that the Senate shall decide this