The daily union., 1852-12-08
In CONGRESS- OF THE U. STATES
rhirty-seoond Congress second session
MONDAY, DECEMBER 0, 1852.
IN CONTINUATION
SENATE.
CONTESTED ELECrIoN.

lucky 70 limit ms iorm oil commission 10 Mr. Meri'
wether Inc objection raised by The senator from Cali
fornia Mr. GwIsl is that there is no vacancy-bat
there IS already upon this floor senator from the State
OF Kentucky True, he is not bodily present here 10
make the objec,ion but there is his commission file.
But sir, on reference 10 that file it will be that its
tent IS limited % the first Monday Of September 1862,
II, ahd in this way the question comes up-he only
question before the Senate because If he had the
p"w.r to limit i, then Mr. Nleriwether is longer
claims seat [Mr Dxonl should be sworn in upon The
rrima tdtis evidence presented by him.
II is conended that the constitution limits the appoint
men made by the executive OF State to the
sion OF the legislature. Such. sir not my reading and
understanding OF this clause. II IS as follows
during the egslauie Of any State the execu.
tive lnereof may make temporary appointment unti The
next meeting of the legislature which shall then fill such
Now, sir, my construction is, that this word untip'
fixes the limitation 1t is The limitation of the power of
the governor, rather limitation upon the time
within which he may exercise the power to appoint, and
not upon the appointment or the term OF the appoint
ment, itself If, sir, any other construction is given to
il. then we have been yearly in the habit OF disregard
ing this constitutional provision.
/ Last winter The Hon. MIR. McRae was appointed by
the executive OF the State OF Mississippi TO fill the place
OF the Hon. Jefferson Davis, resigned. Ry the meaning
given to this clause OF the constitutions his appointment
only extended to the meeting of the legislature. His
appointment was made in January, 1852, and it
minated by the subsequent meeting of the legislature
But, sir. he admitted TO seat upon this oor and
he retained II until his successor before [Mr
ADAMs,l came on, which was about the middle OF the
month of March,
Then there is another case which shows that the con-
sulon could not have intended that the for which
senator is appointed should always extend 10 the meet
ing OF the legislature Suppose, sir that any other
senator upon this oor whose term OF office expires upon
the fourth OF March next should resign, and the legis
lauTe OF my State OF The State of the resigning
tor should not happeH 10 be in session, which would
tuay be the in the State of Mississippi the govern
or would then have the right TO appoint; would his ap
pointmen be good or valid until the next meeting OF the
legislature OF the State of Mississippi which is in jan
uay, 1854 Most assuredly not Ii would be good un-
Ill the fourth OF March, 1853 And yet by the OF
The constitution is intended TO be construed that ap
pon,meDt would overreach the term prescribed by ihe
constitution, and be good until January, 1854. And ii
10 resign my seat and be appointed again by the
ecuve, would be senator until the the first of jan
uary, S54-ihat is, until the time the legislature OF the
Stale OF Mississippi meets according 10 this construction,
because the legislature OF the State OF Mississippi does not
meet until January 1854; and if the governor make
an appointment lasting until that legislature does meet.
why, most assuedy, any appointment made by him TO
fill out the uhexpred ermwhicb, by the constitution,
is The fourth OF March nexi--extends TO the first OF
tion the true meaning nf the constitution this, and the
is precisely as II II read thus That The eArcuuye
thereof may. until the next meeting OF the legislature,
make temporary appointments"
As before remarked this word " until" which is here
The limitation, is limitation upon the power OF the gov
ernor. limitation of the term during which he may
make an appointment. and not limitation upon the ap-
pointment itself.
Then that be true, the governor had light 10 limit the
appointment the which elapse between The
ceaih OF Mr. Clay and the which Mr. Clay himself had
fixed by his resignation think, sir the power OF
TO agn advance, or TO send in his resignation TO The
ecutiye the legislature OF his State TO take effect Ia f
lfuro cannot now be doubted The present executive OF
The Stale OF Mississippi [Alr Foo,e, resigned bis seat
in this body month or six weeks in advance, and
actually held his seat here and participated IN the ber
atoms OF this body month or Elk weeks after he re-
sgned-hs resignation being 10 take effect In fu!mo
Aud numberess examples might be drawn from The
legislative history Of the States. The present consul
| at Havana, the distinguished Chief Justice Sbarkey,
IRON the State of Mississippi, resigned bis Office some
two months in advance TO take effect IN Jrtro and
he actually sat upon the bench and administered justice
after his resignation the hands OF the executive
1t is too late TO raise the question The senator has
right to limit his term, aud the legislature has right
TO elect IN advance oil that expiration as IN the OF
Mr. Dixon, who was appointed in consequence OF the
resignation Of Mr. Clay The States always elect in ad.
vance Of The term prescribed BY The constitution.
Hee are Two ways OF ending tHe ietu--one hy the ex
pration OF the lime fixed by the constitution, and ihe
other by the act OF the party 10 this Il an act
Of the paiy and The legislature beng IN session. had
right 10 anticipate. They knew kal the end OF the term
was coming-tha the senatorial career OF Mr.. Clay was
fixed by himself and that 4 just valid il fixed
by law and 10 anticipation OF IT. they elected just as they
do under ordinary circumstances, when the Limitation is
fixed BY law
Mr.. CHASE, agree with those senators who favor a
reference OF this question to commltee aud it seems TO
me that we shall do well NJ conne attention 10 the
question Of reference alone Daring the last session Of
Congress MIR. MeTiwether presented himself here
senator from the Stale OF Kentucky, with the credentials
denials before They limit his tetm, IL s true 10
the period fixed for his resignation 10 take effect by The
late and lamented senator from Kentucky, MIR. Clay.
They recie that vacancy occurred consequence Of
the death OF Mr.. Clay which vacancy is described as
extending until the brst Monday in the September fol.
lowing, and name David Merweher appointed TO
h that precise vacancy and no other. IL will be
menbeIed by all the Senate who were present at that
tme that conversation TO whether the power
30 TO limit this appointment existed. The constitution OF
the United States authorized the governor, by temporary
appointments 10 I'll until the next meeting Of
the legislature. And the question thus presented IN
conversation whether the governor OF Kentucky could so
limit the appointment these credentials proposed 10
limit IT, Now, the senator whose rights are determined
by this appointment and By the constitution Mir Mefi'
weherl not present Bat the Senate is aware OF
the circumstances under which he took his seat TAey
ecoect the conversation which took place at that time
They know perfectly well that the question thea passed
over was whether or not bis appointment terminated
oponthe fret Monday OF Septembsf last or extended un
u the next meeting OF the legislature. The senator from
Il illinois MIR DouoLAsl made that point, and was also
made by tie senator's from California Mr.. GwfSl and
from Indiana, Mr. BBrGHr but upon lne suggestion OF
the senator from South Carolina, lNir. BUTLgH II was
passed over, with The distinct understanding that when
The question should be again presented by the appear
ance oi the gentleman nov claiming the scat under The
appointment OF the legislature, II should be considered
and settled by the Senate.
Now, seems 10 me ha, u s clearly our duty to reier
this question which Is OF gseaf Importance, 60 "a
moi disregard the fact that AT the time when the senator
/ from Kentucky Mr.. Menweherl came here. claim 70
bis behalf was made that bis term extended pn The next
meeting Of the legislature and il we now adopt the
amendment OF the senator from North Carolina, IN r.
MAsGUM,l and permit the gentleman now claiming tMr