The daily union., 1854-02-07

4
lei us strxe out the word hen" and insert the words
whch ~ refers, as The most unobeconabe method OF
eertahing le lIue meaning OF The phrase. IL will then
read May make temporary appoinmen nts until the next
meeting oil The legislature, which shall The next
ing NIL such vacancies. Whatever The words .snexl
meeting mean where they iret used, they pre-
elseiy he same thing where they used substitute
ioi Tue wod then !; whatever they IN The hFsl
place they mean IN The second place Let U.S. then, inquire
what they mean as used IN the second place.
Dia Tue constitution mean that The legislature at their
hfst coming together should proceed h the vacancy
surely mol Sneh construction would make the trainers
oil ths sacred Instrument upon which value ourselves
SO much, mol oay not remarkable for intelligence bn,
extremely wanting even N ordinary capacity in drawing
/ up great and solemn public instrn nent
The legislature shall al its first meeting fill the
vacancy Does not that very demonstrate that by
hst meeting the trainers OF the constitution meant FIRST
session thai they did not the first OF coming
together. which would be al he they in the
Chamber or so sooa they organized aud with
out al adJuufn8ients IT. then, the did
Ina, the legislature to make the appointment at the
h moment, The first day OF their neeing pray you
TO inorm me what Limitation you have upon the power
OF the executive durinx the whole session from the be-
ginning 10 the end Ii the constitution did not conhne
them 10 an election the first day, il did not the
ond hird fourth NTH day of Their session Therefore,
according 10 my understanding, the constitution Itself
shows that by The words "frst meeting" the first coming
together OF the members in session not intended,
bu' the session Itself According 10 ny view, Mr. Presi
den the whole OF the language entirely consistent
with lhls exposition.
"The executive thereof may make temporary appoint
mens. Mark, if you please. that The constitution does
not say that the executive may h The vacancy II does
not say that the executive may fill the seat The coastl-
luton considers continuing vacancy ia the term Bat
tue acting senator. who TO hold and discharge
the duties until the vacancy shall be hed n the consl
tuonai method, here MAY make temporary appoint
mans nnl the next meeting OF the Legislature, which
shall then MI such vacancies" Ii that this
inerpre alton OF the clause of the constitution is clear
II we LOOK The will the intention OF the trainers OF
The constitution. II was, that in the Of necessity
which grew out OF accidental iemlnalon by esgna-
non or otherwise, OF the connexioH between member
and his seat or place IN this body-the Legislature not
being IN SessIonn that or necessity the executive
may nave the power TO do what Not. in The oi
the constitution, TO flli the Vacancy; for the man who
ms the vacancy holds as his predecessor held That s
Ior The term oi making temporary appointments, until The
appointing body shall together and have opr
tunity 10 MI The vacancy
/ Now, MIR President, this view oil the subject is in
acl accordance WIN everything that been determined
by Tue Senate. DO not undertake 10 speculate whether,
as my trend lion kentucky says the trainers OF the
snllon were influenced by any reference TO hs icon
which prevails OF iaw--the fiction that
ed paliamen, OF Grea, Britain aud in the colonial
legislature, that ali proceedings referred 10 should take
effect from the hrr day OF the session. dd not suppose
that there was snch reference. But they have deler
mined the in which they used The word, and |
think Is accordance with The have put
upon The resolutions OF the Senatehe resolution IN the
Case OF Dir. Smltn, OF Maryland, by which the Senate
decided 'ha he entitled hold bis seat during the
session OF the Legislature unless there should be cleo
lion hlIng the VACANCY and they should notify the Sen
ate thai they had done
Why did they use the phrase "duriDg the session ?"
IL because the Senate put upon the words .thrst
meeting hs Interpretation that have ven 10 ,hem-,he
ntst session Nov, II meeting means session, This par
tcuar point is concluded forever. Whatever is meant
by the term hft meetng, II is clear that the legislature
can do what the requires the first
ing for tue constitution empo and requires IT, They
can do II, then, II Is clear, al any time during the
What then, IS 10 determine the temporary appointment
al the meeting oil the legislature. and the filing OF the
vacancy; and II The legislature adjourns without filling
the vacancy, the whole necessity upon which the
pofaIy appointment was allowed being gone, The
hurhy OF the party 10 hold seat under the temporary
authority granted for such necessity is OF ended
4 We not, Mr. President as apprehend, speculate
ngenlousy about he particular application OF certain
phrases termed technical IN the constitution IL has been
long settled as rule OF Interpretation TO that instrument
by The highest tribunal in the country, by Mr. Madison.
aud by other gentlemen associated with him--ssch as
MessTs. Hamilton and Jay-in The letters IN which they
commented this instrument TO The people OF the United
States Tor their adopuoa-ihai lis interpretation should
be popular, except when words strictly technical are
borrowed from the laws Then, SIR, when we look at
H. plain that the Legislature has the power OF
appointment vacancy may arse when The legislature
Cannot hl II. For that necessity The constitution pro.
yides aud TO provide, only until The legislature
meets, and has The power to NIL until the general ap
poi ting power is in condition act. IL ia true,
nave sad that the authority must be extended during
The whole session, Tor The very obvious reason that II
cannot that they TO elect al their FIRST coming to-
lgeber II in the session, and If they may TAX q
one day 10 consider The mattef they may take The
whole.
But my friend from Kentucky Mr. THoMrsoNl has
sugge sled Instances to me, whlcn, thnk,
will be sufficiently answered by this statement Those
vacancies which the executive OF the State Is authorized
to fill are never vaeanies that happen by eff Ak OF time
they oreseen vacancies; but they are vacancies
that happen by resignation or Otherwise. From an ex.
cessve desire to give thus clause OF the constitution such
construction would keep the Senate always fnil,
abored hard year or two when we had questions
this kind before TO find out come method OF sup
psring, my mind, the construction that vacancy
happening by elx o tme aud not hiled beforehand by
the lex slature might be brought within this limit OF the
power conferred upoa the executives but, SIR, have
been Obliged 10 abaadon IT.
/ In the phrase "by resignation or otherwise" we must
lexpound word "otherwise" TO apply to vacancies
happening by similar events; that is by unforeseen
events5y death by resignation, by The appointment
70 Office which dl-q1alies the recipient from holding
seat here and which be applied to the expra
toa Of the term OF senator. which leaves The seat
cant upon this foot My opinion therefore, that the
lgovrruof of State has power to I'LL vacancy IN this
body Nhch is brought about by the expiration or tux OF
the of which the senator elected; IN other words
al the termination OF his term IN the Senate must be
vacancy happening during the recess. by resg
nson 0f 5y other casually That, SIR, understand 10
express aud solemn decision o the Senate IN an
mans case OF ls2l which oveuuled two OF the
ealiier decisions that made pehaps without full
reconsideration. So, Mr. President as consider this
whole power. aud the duration OF The appointments de-
pendent upon H. conferred tor special necessity and
as terminating with that necessity the power to appoint
and OF the persons holding under the exercise OF that
power so il follows that IL the legislature convenes
when there ia vacancy this body which has not been
filled hy the executive OF the State, he have pow
er TO oil il alter the expiration OF that term The
sty existed only unti tbe meeting OF the legislature
The power not exerted during be necessity, Or,
exerted during the existence OF the necessity
wh the expiration OF that necessy and, necessary