The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-18

en rom that made by The senator from Indiana
lwho made this report from the Committee on
the Judiciary, and who opened this argument He insists
that me constitution intends that the States shall be repre-
sen'ed There IN my Judgment is the error The const
luton intends merely that the States shall have the opportu
nifty 10 he represented If when that opportunity pre-
sented they shall not and have their representa-
yes chosen come here the constitution contains power
to compel them TO do otherwise If they choose not 20 be
represented then they have made their CHOICE and the Sem
ate has only to determine that they be bound by their
choice. #.t
Mr.. WALKER When the case Of Mr. Winthrop was
under consideration took OCCASION with Others to submit
some observations 10 the Senate and then fc myself TO
10 cohcurhs IN opinion with the majority OF the oe'a,s
Upon review of the opinions then expressed some gene
men have come to the conclusion thai they wrong, and
they now reaet their opinions Of that time So far how
ever, from that being the with myself feel only the
confirmed in the opinions then expressed and
rmed believe by the very strong arguments which have
heard upon the case now under consideration,
II would seem that the construction contended for by
some honorable gentlemen, that the word un IN this ior-
ton of tho constitution limits the tenure Of he flee, is
almost totally abandoned II ia true the honorable ator
from Connecticut, MIR ToucEY, who addressed the Senate
few moncnts snce still to adhere 10 that consruc
ton butt think that he will time other be obliged
TO review his argument upon this subjects or II he adhcres
10 has opinions IN regard to the results to which his views
lead him. he viii have assign other than those he
now assigns He says that make the constitution limit
merely the power Of the executive to appoint or to limit
the time within which the appointment must be made by the
executive, different colocnton of the language of this
clause be used He says that give that Specification
to the language Of this clause must be read thus va
cancics happen by resignation otherwise during the
of the legislature of any State the executive thereof
maryland here the change" the executive thereof
may, until the meeting of the legislature make tempo
rary appointments" Very well construct the sentence
in that way, and for my life the difference in its
Specification. And indeed in thinking upon this subject
that the very arrangement or collocation which
posed make order to show what really the
Ing OF the constitutions for that only makes more plain what
the constitution really now stands You do not
by that arrangement Of the words of this clause change the
grammatical Of in the least you do change
all by putting the words until The meeting of the le
gisature" before the word make !" the grammatical sgni
cation of the provision changed the least respect
And if the from Connecticut would consider that
would constitute limitation upon the time within which
the executive must make his appointment he arranged the
words of the constitution he has suggested then he mus
suppose that constitutes just such limitation as it now
stands.
If be, them limitation upon the appointing power
if it limits simply the time within which the executive Of
the State may make these temporary appointments then let
me ask where they get the limitation upon the
urcof the Office for it is conceded by many here that the
word "unl'' limits the time of making the appointment
and that only And language could have been used
emphatic than that which has been quoted here
having been used by the senator from Virginia Mr. MAsoN
in the discussion upon the Of Mr.. Winthrop. You
there have limitation upon the Of the Office. Them
what the question should be askedwhy cannot the gov
appoint after the meeting Of the iegislature' The
would be very simple and easy the cons,tu
ton gives him power TO make the appointment at that
time Then comes the question: where do you find the linn
tson upon the tenure of the Officer Why, you say from
the constitution Then ask you show it to Then
after conceding that the word untir' does not limit the
tenure of the Office you have at last TO fall back and say
that the word ssun' does limit that tenure Then you
find nothing in the constitution limit the Of the
executive appointment except that which clearly nerra
bic from tho consttuonvz election by the legislature
and that election eonlended be the
ing of the legisis,urs.
And here WILL for moment, review the argument of
the honorable senator from Michigan, Mr. STUART, and
will do it inerrogavcly Suppose the legislature does
exercise the power 10 fill the vacancy at "he next meeting
Of the egisrture" what them The senator says they
can do afterwards Do you derive yeur authority from
Of 10 ,.ftp
that the governor nay make temporary appointments 10 fill
vacancies happening during the Of the legislature
unt the next meeting Of the legislature, which shall then
fl such vacancies" Ard you say that the word 'then"
does mean "aherwards.n And We, the senator from
Michigan says that the legislature does not then Gil such
vacancies it can do so afterwards. Now, tina, is wha,
shy; that the word hen' dees sat ha, time but
aferwardsn Now SUPPOSE should say to one of
the messengers of the Senate here several places
which wish you to 60 for me- wish you to 20 to the
senger would likely say "Wherc do you wish 20
thenm Would il be reasonable for me to say to him,
"Why, told you wanted you to the Treasury De
pament then p Why, would say, al you 20 first
to the Treasury Department and then after you have been
there, want you go the War Department do not
the word then indicating the particular time when
want him 60 the Treasury Department but use il
in tho meaning of the word eerwards that Isl after you
lave gone the Treasury Department want you 90
the War Department say them the constitution expressly
declares this "And il vacancies happen by resignation or
otherwise during the recess Of the legislature Of any State
the executive thereof may make temporary appointments
uNui the meeting OF me winch hhau hcn
I'll soch yacaneiesn But II the legislature does not FIJI the
vacancies "then-st that me-at the meeting Of the
legislaturess say the power fill such vacancies
gone. Now conceive that il is not gone. But, in that
Of the word "then"tat is, at that tneand under
the common-law construction in similar the power
elect i gore We all know what the law "a in regard
corporations when the power Of eoctng officers IS given
particular day by the charter by the letters patent
frm the sovereign II that day passes without election
then they elect afterwards but the corporation
dissolved will do, therefore to say that the word
"then'' IN the constitution at that me;n but il
that when the governor has exercised HE power OF
appointment, up the period Of the meeting OF the legss-
ture then the legislature shall have the power FIJI the
cancies. That IL the clear Specification Of the term.
Now If we cannot find limitation in express terms in
the constitution upon the Of the governors appoint
men have necessarily infer what constitutes mia
ton upon H. think the constitution with equal plainness
limits the tenure of the oce-not by fixing any particular
timebut IA is limited by the happening of certain
Now what 10 that EVENT. II the filing of the vacancy
which the Legislature has the power do by election.
When that occurs then the temporary character Of The
appointment becomes determined and until then There
nothing in the constitution that limits the OF the
office by fixing any particular time II IL limited only by
the happening OF spoken ofin the constitution,
which event ~ the filling Of the vacancy by the legislature
not the filing Of II then,n that very moment up TO
which the governor might exercise his power ofmang up
ponlments-bu afterwards, after that time Now in this
case has that mentioned in the constitution hap
pened Has the legislature of Vermont brought about that
which ~ to determine the Of the executive a
pointment Has the contingency happened which TO de-
teine the right Of tho from Vermont MIR PrKLrs
10 occupy seat hcref No air. Then If You frd
in the constitution limitation this appointment, except
far ~ IL ia to be limited by the happening Of the