The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-18
n CONGRESS- OF THE q. STATES,
rhirtY- Vhird Congress First ssssion
DEPERREo DEBATE
THURSDAY, MARCH l6, 1854.
IN cokTINuATIoa.
SENATE.
VERMONT sEsAroRsH,p.


The Senate having under consideration the report OF The
Committee the Judiciary, respecting the right Of the
Hon S. s PnELPs to seat 10 the Senate OF the United
States tas.f
Mr. GEYER said As member of the Committee on The
Judiciary AMI of tho majority responsible for the report
under consideration, regard it part of my duty state
the which influenced my vote in committee do
not intend 10 discuss at large the questions involved
even present an extended argument in support of my
opinions but desire present considerations which
seem me to have been enrely overlooked by genewen
who have spoken the other side in this discussion.
There is but section of the constitution that makes
any PROVISION for the appointment Of senators their
Office and when that analysed it will he that il
the letter is adhered to, There several unprovded
Provision fra, made for the representation Of the States
the Senate and the appointment Of senators for the full
m Tor the classification Of senators, and then os
IMPLYING vacancies. Thus far difficulty has arsen in
erence 10 the FIRST clauses but very early period
iqueston made upon the latter clause which provides
@ aPpoln'msnts 70 suppy vacancies, whether the word
term OF the temporary appointment 1t deliberately
solved by the Senate that the appointment extended beyond
The first meeting Of the legislature Since then there have
been great number of in which that decision has
been affirmed in practice; and although has been said
hat the under consideration is entirely il ia
only of its prs; the principle involved has been
long since decided and that decision uniformly recog-
Missed in practice as the true Interpretation OF the cons,i
ton.
Since the commencement of the present session Of Con-
gess heard asserted, for the first time that The tempo
ary appointment limited by the words sunti the
Mating the legislature while it admitted that it extends
beyond the Of the session. according TO the
Aaion and practice of the Senate. This position is at
mnpted be maintained by substituting the word session
for The word meeting in the clause in question, to
embrace the entire period between the meeting and the final
adjournment of the legislature This Interpretation, or,
nher change of the phraseoogy of the clause in ques-
hon s in my Judgment nadmissble II rejects the im
the power of the executive altogether extends
through the entire session of the legislature, else
that The words in question limit both the appointment
and the power Of the executive but the word meeting''
the commencement of the session in reference to-the
power and the end ofhe session in reference the appoint
ment
According my understanding Of the clause ia question:
the only qualification or limitation of the appointment is the
adjective temporary" Tho executive may until the next
nng (he of The SESSION. make temporary
appointments which Vi temn continue until the vacancy
af'ed by the legislature the original term expires.
Blu, let us look at the whole section which provides for
the appointment and classification Of senator's:
"he Senate of the United States shall be opposed of
senator's from each State, chosen by the Legislature
hereof for six years. and each senator shall have
This clause provides for the original appointment of
and their successors for the full term after the classi
anon according to tho next clause which provides for the
classification Of the first arpointed and does not
arms include senators from the States thereafter admitted
INTO the Union The senators TO be divided equally
smay be into three classes, ard
"The seats Of the senators of the fret class shall be
the expiration Of the second year of the second class
the expiration OF the fourth year. and of the third class
he expiration Of the sixth year"
When State s admitted into the Union, you class
Ter by lot, but virtue Of any authority ex-
sy delegated, but to carry the intent of the trainers
The constitutions that the senators should at oil times be
divided as equally may be into three classes and the
ms oil onehrd vacated at the expiration of every second
hhsa been repeatedly said by senators that the primary
HoSsr Of appointment is vested in the Legislature and il is
rue mat they have not only the primary but the sole power
mdag an appointments for the full term, but their
hoy supply vacancy ~ conferred by the clause
authorizes the executive to make temporary appoint
n@ and according to the interpretations pnt upon that
iase BY the senator from North Carolina lMr. BADGER
coniss no power the legislature supply vacancy
waPppening during the sesfion of that body.
It's in these words;
And If vacancies happen by resignation or otherwise
nng The rcoss of the legislature any Sate the execu-
" ihereot may make temporary appointments until the
'eueies.n
oeouse, II adhere The Of The clause the legs
e can hi vacancy only when happens in the
shen occurs during their scion yet such APP
uhens have been often made and disputed, not
Of any specific grant or recognition, by The const-
o Of the authority Of the legislature TO make thcm.
vePoUd Is derived by implication 10 carry the appu-
meet Of the trainers Of the constitution that al
should be filled so that, far practicable each ste,e
un oe fully represented at all times The executive is
lohzea 70 make temporary appointments only in cases
a vacancy happens In the recess Of the legislature
M can exercise y only during such recess Whenever
signature Is IN session, thtir poeer h the vacancy
aehe by the letter n the clause in question II han.
I'm me recess, and, by necessary implication, IL ii
urred during sessian
zoe honorable senator from Connecticut Mr.. Toucrrl
gwen US the true reading of the constitution na is by
cNng ihsi II u had been the intention only TO limit the
o. The executive the precise rhrsseology Of tina, part
he cause "a question would have BEEN {" The executive
Wm lhe oext needing Of the legislature make mpo-
pomtmsns and because the celebration Of tho snrpe
kshue clause under dcrstion is some what differ
thereore not quite clesv, he supposes that il
eo 70 limit the appointment Getting OF the Iegs.
tbe PLAIN ans Ser TO this argument IT, that the use
adjective temporary qusltfen and limits tho an
snd therefore no other limitation could have been
oea Inc tarm " zach senator il fixed bv the con,,,
~ ant o course, whtn vacancy occurs the tenure of
PPointmtnt hlng such vacancy i also fixed The
'AB appointment ~ Of uncertain tenure, "a fs dete-
hen the vacancy - filed by the legislature which
x@Naay time during session, ind cannot under any
sahes, extend beyond The end Of the original Torn,
w NE next meeting Of the legislature shall not tske
Pib year or two thereafter. 81.
sad that understand il 20 he the general purpose
lumeht OF the constitution that each State should be
; NPtsened m the Senate There sre however n
v,S ees,s 10 which vacancy may exist NOT expressly
49, ~ ~ tho constitution Therr may happen j
- VtlHg TIC sitting Of the Legislature but unk now,
ahd they deum without making az appoint
,F s al case, u the rule suggested Ivy the honorable
o'n connecticut - the proper onr, we might per
ss,.i,s1 ~ appointment by the executive, because
Ie Nap not an opportunity This he sup
,s, ~ ven The principle Of the decision in the case
IihI wv hrkansaa--not from Iowa. which, by mis-
Bat The p,, w. referred to by tho senator.
,rnor = ~ e,Pe ufon which the appointment by The
49,, he Arkansas case was recognised al valid i I
ufon AZ, ~ ne senator from Connecticut The ssn-
ogrts - Las we're appointed for six years subject
M ,.. rbueu 70 class 20 serve FOR n shorer ne
ha n,,sa % ono Of hem Mr. sevierl was cut short
'seess or ko t a IsFu 80 limited, expired during
D.r,,l-WW ne legislature Tbps an ,noxnd.,od ~ -
- uflg 1. saH, ~ 4 <.f