The daily union., 1854-02-07


re appointment for The solean deliberations OF Stale
Legislature "a sending ambassador representa-.
i've here viii never consent 10 any such thing
II has, howevsr, been asked. Will you deprive the
State OF representative upon this floor when you have
u IN Your power 10 allow representative % continue
here and gentlemen say that according 10 the ntead
Ineot OF iae constitution, aud democratic equality. we
should never allow State TO be misrepresented when
zoe can prevent a. According my view o.! the ftruc-
ture OF his government that is more for the consdera-
llon oi eseh Stale Than for the determination OF this
BODY would respect more The rights ol the indeend-
United 5 iae Senate
Suppose this that State legislature. by resolu-
uon, had refused TO make election, and IN conformity
WIN II governor were TO refuse 10 make appoint
fnent-l aomn that | am now presuming a case which Is
very exlrayasani aud having something OF the char
acler OF revolution, but still il possblesuppose
iDen, that The people ~ The State uasnmousythis is a
strong pfoposlltoawere meet and send senator here,
~oald y uea ue coniended mat we could 80 lar consult
democasir eqaay as 10 admll such person consti.
talona sen9lor on this Hoor Sir, II such man came
here and hai been anonted with all the democracy that
1 is bottled ~ Tammany Hall, he should not take a
seat here ulth my consent. No, SIR; | have No
idea OF substituting the democraiic judgment oil the
federal depart nens Tor the constitutional rights OF
the STATES separately or as they exist 10 rec
orgnised compact. intend 10 maintain here. by my
vote, the principles which assert. contend that this
coniederacy OF republics, and that the Stale egisa-
lures the constituencies ot this body and whenever
you break down hal doctrine, and into anything
else you may make II OF those democraces 10 which
tue people viii up and dictate TO contrary 10 our
/
/ have supposed strong The honorable gentle
from Vermont. beeys. does not represent what Is
called democIa ic sat but II any gentleman Claiming
to be senator IRON New York We're 10 apply here under
the ccnnsauces which have stated, and had the favor,
able voice ol all The demucracyhards and soiis- Tam
mdoy and a-poufed out upon him, could not 20 con-
uary to the constitutions TO admit him 10 seat here, and
ne should have seat according 10 my Roon OF the
Constitution For this reason, all The Arguments which
used, that we must I'LL the seat because II 10 favora'
bic to views of equality. views OF the constitution, DO
not al all change my opinion. VIII not entertain the
doctrine iha! The Senate have deyoved upon dulles
10 Sale. IN maintaining equal representation, when
State has aed 10 discharge It's constitutional RESPONSE
bl!ities according 10 he mode prescribed for II.
| Alr P.esdeni, shall not say more have now gone
further on tins subject haa 'alended, and have sand
than OF my property allows me 70
do wished simply 10 put my views before the SENATE
rhey ma, decide uon the they please; and il
that decision shall De against that OF my Judgments II VIII
i give me no concern personally.
4 Mr.. BADGER. yield, sir, readily to the suggestion
thrown by my friend, the chairman OF the Judiciary
Committee, Mr bUILGR that we should suggest TO The
Senate doubts or dldlcaltes as we might have N
relation 10 the right OF the honorable gentleman Mr
PHELPsl 10 seal, and give him an opportunity TO mee
them in iuil reply. follow that example this morn
ing because believe thar il r.ght-due myseli due
TO The Ssasle, and due 10 The gentleman from Vermont
Mr. President, tar am able 10 do 1t, without
hearing The tuil and clear exposition OF this sutec
wnlch that gentleman will give. and 10 which hold my
self ready open my mind TO conviction, have come 10
the conclusion that upon as, construction OF ihe con
slituon, the honorable senator ~ not entitled to The
place which he now occupies upon Ibis floor. do no
think that e necessary Tor 10 follow the example
OF my Trend from South Carolina upon this question
and to 10 into The investigation OF any matter involving
Estate nights or The nature OF government Tor winch nj
seems % have remarkable procivi,y
MIR. BUTLER, Qa his seat) he does not care 50 muct
about them. lLaughier
i Mr. BADGER This is question of the conslruc
ton OF parncniar clause OF tue constitution. and W.
must arrive at the same result on a careal aud proper
examination OF its provisions, whether adopt or dis
card what Is commonly called the doctrine oil Saie
rights" will present, Mr.. President, in very orle
spaee, my view OF thls question.
The constitution provldes that ibe Senate OF the Uni
ted Slaes shall be composed 9 Two senators from eacf
State chosen By the leg thereof for six years ant
l vacancies happeu By resignation otherwise, durns
the recess Of The legislature oi any State the executive
thereof may make temporary appointments until be mex
meeting the legislature which shall then MI such va
eaucies
IL is elear sir that the constitution has vested The ap
poinnent OF senators The legislatures OF the seveTa
States is also clear that the provision which II make
for Temporary appointments IS provision for case 0
" and of necessity only. Therefore, in underak
10 expovnd the particular language which used IN ib
clause of The constituon must consider as key 10
resolving everything that may be considered doubtful o
uncertain 10 ITS phraseoogy, tbs proposition That h
20 disappointment is IN the egslaure that the powe
OF granting temporary commissions IS power conierfe
In oi necessity, and that therefore all The Language
to be so expounded TO termiGae the temporary ap
pointmen wth the termination OF the necessity. IL be
ing clear, then, that il there be doubt or uncertainty
the language used 10 be expouuded as TO termi
nate the temporary appointment with the necessity which
gave rise 10 IT, what is the language in The constitution
upon which the dihcuny, or the supposed dIthculty
aTse-l Two constructions offered. One ls that th
Limitation expressed by the word "unti" Is upon th'
power OF The executive 10 make appointments; the otbe
is, that Il is upon tue holding OF the person appointed
am satisfied that Il makes lle no difference as to h
result TO which must atnye, whether we give 10 !
either the one or the other exposition.
The honorable senator from Indiana, Mr.. PETTT,
confess in the very forcible and clear Argument whct
be ade here the other day, unsettled Tor the time all tn
previous opinions which bad entertained upon this sub
lsct; but have e-examned II with ANXIOUS desire e
arrive al the ruth, and | must say that have swunl
back 10 my original moorings That senator says lht
" the next meeting OF the legislature means the first
sembng OF the legislature at a session, In my opinion
SIR. the stuiiou has itself demonstrated that Il mean'
no such thng-lhat II uses the word meeting" as ex
acy ANONYMOUS with the word . sesslon'-lhat II EN-.
braces not the ACT OF coming together, or Assem-
bling bot the whole process and continued Transactions
OF the legislature until the adjournment close OF The
session. Let whether 1t - not so. The Language
oil the constitution IL, May make temporary appon
ments untl the next meeting OF the legislature, which
shall then h sach vacancy
i Mr. THOMPSON, OF Kentucky. will the senator
while upon that pomt have great confidence 10 BIT.
leg al Judgment allow To PROFOUND question 10 him
\ No BADHER. Certainly
i Mr. THOMPSON, OF Kentucky. ! ask The question
now, because II Is material 10 the opinion when may
form Of this case desire to ask he senator from Nonb
Carolina, II the phrase, until the next meeting OF the
Legislature" Is to be aaen sBd construed 10 mean du
ring the session y because, by legal aud parliamentary
Language OF a court session OF Parliament, al
the making OF the constitution deemed as only .
dayihe day OF their inception and DEGREES and lpdg
ments Of The courts and OF Parliament by Eug
llsh and colonial juspudence, IN force az enteId OF
passed The rst day OF the term OF session what
Idese TO ask the gentleman this; II VI tp,ni ses