The daily union., 1854-02-12
CONGR ESsI0NAL.
spEECn OF noN. 5. A. BAyARD.
or DELAWARE,

MI. BAYARD said;
Mr. pREsIpgAr. Tse With great reluctance 10 oppose
The resolution Tsoed by the majority Of the committee
in his ease Duriag ie het period that have been
member OF the Senate there has been no occasion on
which lhe conclusions NJ which my Judgment has ar
lived have been more al war with my feelings Than IN
the case thai Is before With The opaions that
entertain of the very high standing the eminent abll
ties and the urhany Of Of The honorable gen
tlenaa who cians 70 retain seat as representative IN
ths hody from the Sale OF Vermont, lMr. PHELPs,l
ay feelings would lead cordially and eheef
iay to The resolution OF the majority OF lhr committee
Bu my convictions to the true constructions OF the led.
eai constitution stand III opposition TO my ieeings ana
baIieving. as do thai, op all questions OF this kind the
Senae acl in judicial, and mol IN legislative capacity
hold personal considerations as matters winch are 10 De
entirely dsca iei ii reference 10 any decision upon
ot the constitution.
The facts connected with the question before the SEN
ate are very simple The governor OF Vermont, IN con-
sequence OF the death OF former senator appointed the
aonorabe gentieuan from Vermont, Mr. PHELPS du-
ng the recess OF the Legislature, under the power dele
aaed 10 him by the constitution to supply the vacancy ID
The Senate occasioned BY that death. Subsequently 10
that the legislature OF Vesmoni has convened
4, lis regular session, oganzed and adjourned Inc
question 10 be decided s Whether the tenure OF the Of
ce under the temporary appointment made by the exec
uiye, will now permit the appoinlee TO Ieain his position
in the Senate az a member, The LEGISLATURE having de-
cined neglected to make any tecon Tor the purpose
of filing the vacancy.
All laws. whether organic or acts OF ordinary legisia
inn shooId be construed according TO The lnenlon OF
their trainers al The time OF making ihem and not by ou
vie OF present convenience uy, or what we sup
bose hal better have been The law II we were now 10
make IT. To ascertain this ihsenhon 'he safe ana me
onv ae or least the leading rule, OF construction OF
statutory enaensns constitutional provisions, is, that
where the words OF the statute IN themselves precise
aad nnamhgnous then to expound them IN their natural
sense and import because such the words them
selves best declare the intention OF lhe ldw-siver But
unfortunately, there many cases IN which the words
used by The law-e'ver are not so precise and definite as
10 be Tree IRON all ambiguity aud then we are euned
u call other aids Tor the purpose OF cnnSucon Inc
most material 10 look 10 The object and The general
intent OF the law order that The particular words OF
clause on which you have TO place construction may be
made to harmonic and be 10 accordance WIN hat obeci
aud general intent.
Ii would be presumption in 10 assert that the Ian
guage OF the constitution in the clause which Affects This
question: (which shall Ireseny read is entirely ee
from ambig uiiy the face oi tie interpretations
which have been gwen 10 II bS very many and able men
S, cannot think that, iakng the words in their
natural and import, they should lead the human
intellect 10 but one conclusion.
Three interpretations, however have been gwen TO the
clause OF the constitution involved in The 9ues ion under
consde ration The first that which contnrs The power
oi appointment and also the tenure oi the office OF the
executive apponiee unl the meeting OF the Iegis
ature--ihai is until il is organized And tss
to be most in accordance with the natural import OF
the language used The second is that the language Of
the constitution merely limits the power OF appoinm
in the executive on be next meeting OF the legisla.
ure permitting the daaion OF the office under that ap-
puirent be inictnIie and dependent osly upon the
action OF the Legislature and the Official communication
D ihai acIion be Stnae THIS would 10 he the
construction given by The majority OF lbe committee
But there s also hird Interpretation; which ilnls
the power OF executive appointment 10 the nsIt meet
ing o The leg stature, and also limits the duration
OF The Office, under that execuuve appointment. 10 The
close OF the legislative session. unless previously leTml-
mated by the action OF the legislature and the oilcai
communication of that action to The Senate. This pre-
sumo. ba sed upon well known legal hcilon and has
he suppoft OF one precedent, and continued practice
under N.
shall consider these different interpretations, first
with reference 10 the language OF the constitution IN
connexion with its object and general intent IN relation
10 the election oil senator's, and also the eonepofaneous
debates aod the progress OF events IN the convention
which framed that constitution | shall then, IN con-
nesion with the third Interpretation, advert TO The pre-.
ceiens which be found the decisions oil the Sen
n order TO whether they establish any pn-
cipls which should guide our decision IN The PRESENT
case.
aly position is, MIR President. that taking the words
O The constitution IN th.r natural sense aud import, but
one construction be placed upon them The LAM
gusge of the clause which relates 10 the question OF va
caneies is as follows:
The ,ea of the senator. OF the fret class shall be va
tafed exptsuon OF the second year Of tho fecond
expiration oi the ourth year and Of the third
class expiration Of the sixth year that onethird
ury be chosen every trcond year And q vacancies bap
prn, by resixnauo9 o. oheWise during the recess o Tue
temporary appo until The next meeting Of the egs
lature, which shall then hh such yscances.'
suppose ha, almost any OF ordinary education,
reading these words, would arrive at but concln
sion, his hrs mpressionnamey, that the power
ed IN the executive OF State IL a temporary power to
supply vacancies which happen i the o the legls.
atue, during (t may speak) the existence OF
the proper constituency OF the Senate aud that the OF.
hee conferred BY that appointment Is 10 last until the
meeting, or IN other wolds, The organization OF the
legislature This seems TO the PLAN and ordinary
meaning OF the words alone, without entering into any
nice grammatical construction, to whether you
ie the word "uniil' (disiegaTding some other wotds
IN the clause to the wofd SNAKE" any other partcu
lar word grammatical construction, or rather
The technicaIes OF grammar. (f may speak have
but lu,le weight with nae. The grammar may be bad.
and the meaning obvious. suppose the rule which d.
rects that words shall be taken IN their al and
lnyon, means the sense IN which they would under.
stood by any intelligent person who read them according
70 he ordinary meaning OF the words and the sense,
Ia and under circumstances, ought 10 be sac
Tihced 20 The mere grammar
Dne hing, sir, IL beyond queston-thst the constfuc
Voa watch give 10 this clause, arising IRON the words
themselves being not only limitation on the power
Ot appointment, bot also upon the tenure OF the Office OF
he sppoiniee, has the msrrof certainty II does what
lhe constitution does 10 inference TO the Office IN all
other Ii deh0es the period oil time within which
The party holding seat under executive appointment
tan remain 10 the Senate Reject my view, and construe
Tue language OF The Constitution containing no llm
hhon upon hs enpre OF office and you leave the mailer
entirely indefinite; and thus the Temporary appointment
may be extended indefinitely when, IN reference 10 the
original power o appointment by the legislature, there
an express Limitation ~ the language OF the constitution
shall tempt 10 show hereafter that II you take this
sp reference 20 the construction OF the constitution
You decide that under temporary appointment party
nay hold for the residue o the term you may, by the
ane line OF argument continue him IN Office even after
Ahew senatorial term has nnenceds
lhe Interpretation 10 the clause BY the majority
o The committee refers The words, until The next
lpyfs IN d