The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-30

rsa he ~4s n0s "a aanisxs Of LyYerc1ltSss s
glseA sxAmps sAieh must be very much Asis 70
What DC hsA denomlnAGed hypercrHscl4m Ia me hfs'
place he leiss majority by TIC CONSTRUCTION
Which they Pal upon he clause, made olt me oIa ea
y mead precAeiy the thing az Gnss Here ~ =
forced CONSTRUCTION How does the honorable senator make
QUIZ BY changing the phraseoogy, and expressing me
same thing N different language and different form ana
when DC comes 70 pal IL IN The folsnY s ~ord ena
~ ais ordinary sAsnlhcaon, the proper word hey,
The amount Of The criticism ia this that the honorable sena
tor by changing the phraseoogy aogsthsr in one place
imposing an express limitation upon me Po~er q ne gov
eor, and 10 the other resornng 70 an Implied limitation
has found that different modes Of expression can be
adopted and that in Instance the ~Ord end would be
Out d place, and IN the other Tie word until would be
Of place the argument show thar The
mliiee have confounded The meaning Of the words need
nos sslow this poinf further
The senator says that the word unit" the coEsrao-
Llon which they give. unnecessary 20 linn the power
Why sol The senator fcm Delaware says The power Of
the executive limited thar ID the
OF The Stale legislature Be IL limited as 10 the
which be exercised, but there limitation
Is TO Lime. unless Is found the expression until the
next meeting OF the legislature IL ~ Halted 10 tie OBJ
iecs, hnt the when shall be exercised The
word until, therefore, and the expression which follows
~ absolutely necessary order 70 prevent conflict Of
power between The executive and legislative departments Of
| the State governments.
The from Delaware says further that upon the
construction Of the constitution the word Temporary
necessary. Now, any gentleman 3il take up the con
sltution and strike the word temporary from this
clause, he VIII discover why introduced.
Leaving that word the clause reads f vacancies hap
legislature Of any State the executive thereof may make
| appointments Whist appointments Appointments
for full terms bot the word ..iemporary'
to designate the nature a the appointment and 10
once with the provision which follows that the Slate
1 legislature should proceed TO I'll the vacancy.
Bat AIR, very learned argument has been appended 10
this discussion which consists In criticism upon te term
vacancy" have had occasion remark before that all
this controversy TO The proprey Of language
The perfectly understood The executive makes
temporary appois menis the legislature, when they
required supersede the executive apponlee by
manent appointment Now, by what Of logic is it TO
be sedc that the legislature super
vsory power and dspiace Temporary appointment
be made out that there vacancy for them to net
upon: Why SIR, IN the very nature OF Temporary nP-
pcntmenf, IL does not stand the way OF Legislative
election Where then, the necessity Of nquirng whether
the vacancy is properly applied TO the moi
for il does moi affect the substance Of the mstter
| vel aware that there debate on this subject
when the Of Winthrop uneer discussion.
rccoec perfectly well TINT gentleman debated the point
considerable length ore SAID Is he seal vacant No
Well then you give up the argument because, the seat
vacant how any I'll III If The seai is occupied
temporarily, not vacant; bur II there power 10
The incumbent and pat somebody else in there 10
power to make vacancy But how will gentlemen ger
along with this argument when they 10 revert the
unform language of the Senate upon The subject The
honorable chairman told the Of Mr.. Winthrop,
that Mr. Wnlhrops was NOT un the legsla-
elected and The Senate notified only Of The
election but Of the acceptance of elected When
here and the place filed then the light
Of the sitting member terminated. Now, does anybody
suppose that state of things that the scat be vacant
before the legislative election be made No, The
report IN that SAID truly that You must reverse the
whole practice Of the Senate If you find necessary have
vacancy the here before The Legislative power
It U.s. therefore, sqna55le as 10 the application Of the
Another difficulty with this argumen, this when the
constitution SAYS shall be the duty of the Legislature
always been understood If the legssfure Of Vermont
should elect person his seat and his credentials
here those cedents would read This way Thsf he was
elected FL the vacancy occasioned by the death Of the
nhN ~ur he
says, referring 70 the original vacancies, the legislature
shat FL The meeting Then the vacancy conien-
plated vacancy created by the death Of Mr. Uphsm and
not by the expiration Of my Whist then, becomes Of
this argument How II sppiy to me The vacancy
which tire legislature Of Vermont s TO E the vacancy
ocr1sioned by the death Of Mr. phs and not the
cy the expiration Of my Thea this srgUmen,
| inconsistent That is eli have 10 say OF II.
Wei, AR, the honorable senator from Delaware goes
further and be insists that the majority Of the COMMITTEES are
mistaken IN the suppositon ha the object Of these
appointments keep up the representation of the
States - he Senate lie tins point on the ground
that the governor authorized appoint original
Whist may have Influenced The federal con-
venon know But suppose they did omit 10 provide
for the case; suppose that onissus lawyers
cal IL VIII the honorable senator from Delaware tel me II
the object Of this provision not keep the repre-
ssntafon of the Sstes what II Heavens for
Can the honorable tel me- II his power Of making
temporary appointments conferred upon The
fr the purpose Of preventng break and failure Of RIP
resentziion, for whst purpose cODferreds
The honorable seGior from North Carolina tells thai
the power OF executive Of neceEsiy. Be il
50. The power a appointment would have been
conferred unless there necessity for W hat was
the necessity The necessity consisted the necessity Of
having Representation here The necessity have
the zfe represented ard that necessity lasts Until the egs
laure ske the election contemplated by the constitution.
Supsose be II Necessity. does the
sty thus now l. less important 70 the State
Of Vermont she should be represented than the
first Monday in December lssis II had been present
the first Monday December. shouid have been entitled
10 my here without question: for the legislative body Of
the State then 20 session Il any less important
the ooaaty hrt thert should be quorum here from cay
10 day. the State should be represented, than
would BE- 4 my humble constituency sr session q
Monpeier regulating he internal affairs Of their State
BODY How The iegiEsturr supply The pace unless by
tecioHi And upna what principle does the Necessity
FOR rsprcsenaen here when the legislative body has
adi0urnCd without proyioing for TIE vacanryi Ts SIR
the case Let pot upon the h0norabs senator's nrE0-
meet lie SAYS The provision The result o. Necessity, and
vel he insists that that fy % EXIST sinpy
benuse tho legislature IF the State id % fner duty
/ providing for a.
Mr President apologies very good taste and
perhaps have Endugrd in apology than may be
aered necessary but have been oonpeed 70 pursue tbs,
suiec through II APPOINTMENTS and
uops present views Arguments whch have beer
cot ~ INTO frnzrnenis have BEEN driven the awkward
rcoessy Of rcpeatne after lapse Of two thres
weeks what said before But, err, ask the Senate tc
consider the question question which in Is present
aspeca beore the Scp.te for the frat They
settled rules Of construction They have held
that these appointments genera rule,
tnue until superseded ard continue through The nexr
Of State Legislature. They have decided
many words that they continued Afterwards, have
they deded The before the Sensis
IN tbat particular, and other, new one fhs