The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-18
WASHINGTON, TUESDAY, APRIL 10, 1854

not accept at all not until after the Adjournment OF The
legislature Ia fact he may be dead at the time Of the cleo
on and that fact unknown TO the legislature them al the
Time of adjournment but, according 10 report the tempo
rary appointment continues until there is acceptance
Il appeared very clear that the strength Of the afgu-
ment in Mr. Wmihrop's decidedly against those
who contended that the appointment was limited to the meet
ing Of the legislature and IN favor OF the position maintained
by the from South Carolina and Vgnia that the
limitation applied only 10 the power Of the executive and
not 70 the tenure of the appoinmentwhich think rs the
true Interpretation of the clause in question IT. as 1t has
often been decided the Temporary appointment extends
beyond the first day Of the session. there is limit but IN
the nature of the appointment unless we substitute SEES
son for meeting," attach 10 the latter sgnleaton
that does not belong to It,
The appointment Is qualified only by the adjective TEN
porary bur The power to fill the vacancy Is vested ey the
clause in the legislature, which power may be exer-
csed the instant of their meeting, at any time
thereafter and this suppose to be the meaning OF me
wor,Is which shall then fill such vacancies"
trust, Mr. President that have made myself under
stood; and il have, said enough TO justify my
III the report Of tho COMMITTEES and TO defend
the opinions have expressed the question under cosid
| GRAFTON.
MIR. STUART Mr. President, supposng that, whenever
this question is taken shall upon il one way or the
oher differing do in respects from the views that
have been submitted by senators both sides shall ask
the attention Of the Senate for few minutes, not while
argue the question, but simply while assign the grounds
upon which my vote will rest.
For the purpose then, of illustrating my views submit
that what s termed the primary power to appoint senators
vested in the legislatures of the respective States. The
convention that framed the constitution, having vested
this primary power deemed necessary to provide for the
happening OF vacancies when there was no legislature IN SEES
sion. To provide for such contingency, therefore, If
vacancy occurring IN any from any cause when
there legislature session. find that provision IN
the constitution which reference has been frequently
made the course of this debate the purpose
tanning how such vacancy be filled II provides that
temporary appointments be made by the executive OF
State Now let ask senatorssuppose that provision
stopped just at that pont To make myself clearly under
stood will refer to the very language AND II vacancies
happen by reason OF resignation or otherwise during the
of the legislature Of any State the executive thereof
make temporary appointments" say, suppose The
provision had stopped there Two questions then would
have First, how long he make these appoint
ments' For what length of timc That question is an
swered by the words unt the next meeting of the egisa
tue" And clear that appear, that it seems 70
nothing short of perverson of the English anguaget to
that the words un the meeting of the legis
qualify anything except the power of the executive
10 appoint repeat, the mere interiogaory-how long is
he to make these temporary appointments lis answered by
the words until the next meeting of the Legislature lie
may make just many as it shall be necessary to make
Ifhe appoint individual who Declines he may appoint
another If his eppoinee dies resigns he may appoint
another and SO on successively-how long Until the
next meeting of the legislature"
Mr.. FOOT. If both senator's resign, he may appoint
| plurality.
Mr. STUART Then, the second question which arises
is in relation TO the tenure of the appointment after the ex
ecutve has made and submit again. that if the language
And If vacancies happen by resignation or otherwise
during the Of the legislature of any State the execu
tive thereof may make temporary appointments until the
meeting Of the legis ature the only provision IN
the constitution, there would be limit upon the tenure of
that appointment except the whole original term which the
vacancy is intended TO supply But the very next words
which follow, my Judgment do limit 1t w hich shall
then fill such vacancies" But what does the word which,
refer The Legislature of course. The constitution, them
having ended in the previous language, the power TO APP
point by this language, terminates the limitation OF the
Office And howl By providing distinctly how and when
another appointment shall be made; not temporary APP
poinment the first designated which is made by the
executive, but appointment which shall f the vacancy
that s by making appointment for the whole unexped
/ term.
Now the question asked supposiog the legislature does
net, what them Wen, here think may, with great
propety, have stopped for We had considered nothing
excerpt what the trainers Of the constitution evidently had
in and what the trainers of all laws have in view when
they enact statute must believe that they proceeded
upon the presumption that the power to be conferred viii be
used and this could have arisen, any other
similar case If the evident intention Of The trainers OF the
constitution had been carried out by the legislature oil Fer
4 mont
Now, Mr. President / submit-and do it with certainly
great Difference the source from whence the opinion
contestant the chief difficulty which has arisen on this
question has been from supposng that the trainers OF the
constitution intended that the constitution sc IN Its own
effect should keep each occupied in this body There
such power thcn there such power now But
they did intend frame that instrument that every State
should have opportunity fully and completely TO have
itself represented Ia this body and having that opportunity,
il the State docs fit to exercise It's right, the only
the ohng that the Sne chooses not TO be
represented And the question asked suppose the essa
ture al its session shall dcc 10 elect can tuccedng
legislature exercise their authority to that endi Here think
might safely the the gentleman from Vr-
gnia, [Mr. MAsoN wherein he says that certain views
which he put forth upon another occasion were not within
the limits Of the case and what courts call otiter
dopni and neither he the Senate bound by them.
But Will suggestion and within the miia-
ton the from Virginia has laid down. too that
shall feel myself perfectly At liberty, # the ever should
arise, TO review my opinions expressed The sugges
ton this that without this provision Of the constitution
all the ntendmtnt Of that instrument IN PRIOR portion
Of Il would be- that the legislature whenever 40 session,
could h vacancies sny then exist And 10 strengthen
my superstition that respect let call the aen1on OF
the Sena this portion Of the consultation II vacancies
happen by resignation otherwise during the Of the
legislature Of any Sate"-evdenty by ntendment saying
that they happen while The legsatue IN session. thee
Ia still power in the legislature under the constitution TO ill
those vacancies without this provision SO that
the suggestion that II the legislature OF Vermont shall
hereafter gu this vacancy their power do will be found,
in the clause We are now considering the preee
ding clause which eoners upon the legislatures Of the
sptcve Stneo the power 10 appoint senator's Therefore
the question e IN this cass, and the only how long
does this Office by appointment continued have before
said that the language Of the constitution, my mind
clear; that the limitation contained in the words until the
meeting Of the legislature refers TO the appointing
power held by the executive and to nothing else but that
the words who shall then fill such ances,n give
The power TO the legislature then in session. and give
4 the power during the entire session,
Now let me Illustrate this for moment, and done
with thw case except far my vote goes. Ii
happen by resignation otherwise during the of
the egs Of any State the executive thereof may make
temporary appointments until the meeting Of the egis-
lsturo"that is, until the legssure shall meet" which,
said legislature having met shall then M such vacancies
Now the inndment Of the constitution evidently is that
they shall exercise that legislative discretion which they
have upon any other subject and may, amy time during