Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1854-01-13

decease of Mr.. Upham: the Executive Of
the State is authorized " 10 make temporary
appointments until the next meeting of the
Legislature" Of the State, which shall then
oil such vacancy" ! he impression to which
alludc. a. expressed by the honorable Sen.
oior from North carolina. is that the hmiia-
ton implied IN the words "uni the next
meeting Of the Legislature" is limitation
OF the Office or appointment, which therefore
terminates the right OF the appointoe.
This impression. apprchend, is atogeth-
er erroneous. The limitation in my iudg-
meet. applies to the power Of the Executive,
and nothing Sc and viewing it, in this
light, as limitation upon the power of the
Executive, the language Of the lonstltu-
ton, "until the next meeting Of the Legisla-
ture," Is peculiarly appropriate.
II am right sir, in this construction Of
the Constitution, IN considering the limlta.
ton as applicable, not to the office created
by the appointment, but to the power which
makes it, II will be seen at once that the pre-
yalling impression upon this subject is alto
gether erroneous. And here, sir we have
this substantially: If one construction be
adopted, the office terminates, unquestiona-
bly,, at the moment when the Legislature of
the State Is organized, and n capacity to
act but this construction has been uniform
ly rcpudiatcd
VIII not 20 into q minute examination
of the prccedenis but may alludc TO
what, so far as | an acquainted with the
proceedings Of this body, IS the first pre-
cedent on the subject 1t was the case
OF MI Smth, OF Maryland, who held his
place here under an appointment Of the
Executive Of the State Of Maryland The
Legislature Of Maryland met whilst this
body was IN session. The question arose
whether the meeting Of that l. gi-laiure did
not terminate the Office of Mr. smith as a
member of this body. A resolution WIS in
roduced, aud carried by most decided
minority, that the member from Maryland
was entitled TO retain his seat IN tins body
during lsuch is the language of the rcso-
luton the session Of the Legislature
Wei. sir, this word during is susccpti-
bile of two lntcrprciaii1ns the one is To the
effect that the member was entitled TO his
seat although the Legislature Of mis- State
was ~ session; the other is, that he was on
titled 10 lls scat un'il the termination of that
session. II must be apparent 60 all that
The BITTER Interpretation could not, with any
propuciy, be given 20 the resolution. because
The member was liable to be displaced at
any moment by the action &C the Legisla-
lure of Maryland. The import of the rcso.
utlon therefore WINS tins that he was en-
titled 90 retain his seat, ue outstanding the F.
limitation to which have alluded in the
Constitution the Limitation until the next
meeting of the Legislature"
New, sir from this resolution, infer that .
NY own construction Of the Constitution m .
his particular, Is the correct one. | be. .
ieve that m every Instance 10 winch the
'nnect has been before the Senate, this .
precedent has been adhered 10. am not .
lware Of uny case in which o member has
been eNc.ndcd from a seat here M conse-
lueuce of the meeting of the Legislature Of
lis state.
Put sir. when mnkiug this assertion. j, is
roper that | should remark. TINT | know of
go case IN winch the question has become
before this body under circumstances pre-
sely like The present because | know of
Io casc where the question hls been raised
after the adjournment OF the Legislature
The prcc, dent, therefore, as far as they 20
end 10 sustain NY own construction Of the
constitution; bui lhe question OF the fleet
IF the Adjournment of the Legislature is one
with respect 10 which there is. believe. no
precedent either way. may be permitted
% say. howeyer--alhouah am not dispos.
ID now 10 60 into q formal argument ON the
there is nothing in the Com
'uiuuon which tends to terminate the ap-
lomment at the adjournment ofthe Legisla-
ure. II the limitation applies at alb, it ap-
Plies 10 the meeting of IT, and must applv TO