The daily union., 1854-02-05

the term OF Office Il Is aa act OF the governor OF The
Stale. Il does not imply duration at ALL u does not i'm
ply anything in relation 10 the period tor which that aP-
poniment snail hold TINS view o the construction OF
the clause relieves The from The mputaion OF
having used language which was inappropriate and una
tel gibe. III The object suppose " Was, 10 Ter
inmate the power oil the governor over the matter. Thea
the peculiar expression uniii the meeting oil the esisa
ture," the very have been adopted That was
the moment when the legislative body had convened,
had organize and clothed Itself with the capacity 10 ACT
that the instant when the control OF the executive OF
the Stale this matter should and ert-
ey 10 the language Of The honorable senator IRON
South Carolina, Mr. BUTLER
/ Blu, where the Iramers ot he constitution have refer
10 the duration OF office In analogous 10 this
one they very different phraseoogy they antci-
paed accidental vacancies not only the Legislative
branch OF the government but also in The executive de-
paftnent and they made similar provision IN that
that the President of the United States might make
Temporary appointments 10 office without the advice and
OF the Senate. There hey undertake 10 limit the
duration OF The Office And what did they say They
said that the office shall mold goodin case o appoint
ments TO vacancies arising during recess OF the Senate
until the eni OF The session OF Congress- carrying the
pontmen, 10 that period, order give the President
and the Senae opportunity to make appointment in
the regular mode required by the constitution Now why
was II that those learned and who framed
our constution--lnen who probably we'll in
structed 10 the Enssh language tnose OF US who
nov commenting upon their phraseology-why was IL
that those instance fixed the limitation AT the
of the action o the legislature and IN the
other instance at the end OF the session Because the
OBJECTS IN view were diheren and, OF course TIE cases
The power OF the executive at the very that
Legislative action could had, they used phrase
ology. When they were TO terminate Office provs-
ionaliy created they took the termination Of the
sion OF The Tex islaue, because expected that leg
isa,ve action would supefsede the executive appoints
! mpnt.
II Now, senators who have adopted this idea that this
limitation applies the oihce and not TO the appointing
power under the necessity OF involving themselves
IN the absadty OF supposng nal those venerable The
statesmen OF that day, whose light, trust, will con-
nuc shine while tns republic sands-tha those gem
tenen did not understand the difference between The
terms 'meeng OF the leg isalure and the 'close
the next session" That is the absurjy 10 which gen
emen involve themselves by their mode of construction.
Now let ask another question in this connexion.
Suppose 1t had been the purpose OF the trainers OF the
constitution TO limit the duiaton OF the eice in the case
Not executive senatorial appointments would II not
have occurred to them thai The next meeting OF the
legislature might not tfanspfe until long after The osi-
nal term had ended Would II not have occurred TO
them that 10 thus limiting the oce 10 The next meeting
OF the legislature, they were violating the whole system
OF classification OF senaoTslbal they irassceHdins
tbe constitutional limits OF Elk years Would ii not
have occurred to them iha in case, in a Safe
where the legislature met bat IN Two years,
ght he continued IA ONCE the ocum tensns
substitute tor the be appo nlrd by the legislature
for Years perhaps after the orgina> OF
expiFedf Gentlemen may say mat the expression "the
original tenn would coufre designate The extent ol
The executive conmsslOn--toa IS TO say, that II
cancy occurred, II vacancy ior that only IN
which occurred, and The executive appointment woud
have exhausted seli, aud fulfilled II. purpose, when
that oriaIia Term expired Now The trainers OF the
Il adopng the Construction they advocate must insrait
upon The constitution to be found in it, but
which grow out OF their own construction OF IT,
Il Now, IN my judgment, the only word which has any
reference at all TO the duration OF the oce Of toe ap
. poin,ee is The word Temporary As you sh)ud
coHslrue i IL IL temporary Appointment; and being
, temporary appointment, Vt endufes long the
necessity exists which called for a. and no longer. II
has been argued here tOst II the limitation In Question
does apply the office limitation "uDt The
next meeting of the leg slalurehsre ia then limi
iaon upon the Office. But. slr, the Limitation oi tbis
executive appointment Is derived itom The motive and
object OF the appointment itself Ia The hst place, II s
fill vaeaIcy-noi 10 NIL Il absolutely IN The coDsu-
tlonsl that word but to h IL tor the ny
professionally IL is confer upou the individual nom-
mated by the executive the fgt 10 exercise the powers
of the oice Tor the time being II u s 10 supply
cancy uecasloned by eeah resignation, that vacancy
Can extend further than TO the expiration OF The org.
na term, and that expraion, u nothing else does, will
OF terminate The executive appointment And u
is very clear that the exercise OF the legislative power
eecDg senator Tor that vacancy Will slpeTssde the
: ecuive appointment
Aud heie he1 leave to remark upon controversy II
may call u such, which has hsen maintained apon the
hJof with respect TO the meaning oi tue word vacancy
The controversy controversy merely as 10 the pro.
pfrety OF the language used, aad goes no arher II IS
mere play up0n words Tue Constitution provides Tue
mode IA which senator shall BE- elected II then pro.
vdes tor temporary provisional appointments, and then
provides thai The legislature oi the Stale, when hey shall
next meet, shall procead FIJI the vacancy watch bad
been temporarily ned ay executive appointment Now,
about the Substance OF this provision there can be no
doubt And really Il Il beyond my comprehension how
any controversy as 10 lDb 8lChblitiN OF
tie word vacancy" could ne deemed important; or bow,
the executive appointments temporary and PROVISIONAL
and the constitution requires the legislature 10 supersede
b. the exercise OF the primary power That exercise can
be made TO depend upon verbal ctiIiclsm upon the inn
port of the word vacancy. La there ~ va
caney because the iu has not been provided for by
executive arpoln ment The executive appointment does
no. l the remainder of the term tor that appointment Is
only provisional and tempotsry; The seat i filled Tor the
time hgiag but The term not hed. Whether the word
vacancy APPROPRIATE TO express this stale oi things,
applicable either 10 the term the seat, has ap-
peared 10 to be mere play upon wvds-l mere crit,
icIs uron The pfopuely OF language.
But II is insisted that the expression until the next
meeting of The Legislature Limitation upon the term
o othce Now, LEI adopt hal construction and trace
out is consequences. let suppose that the consliu-
uon did IN reality contain this phaseology" fhr txecu-
i've Of tile State may msks temporary appointments,
70 continue until the msssng oi the legislature :"
such b0en The common impression 70 IL lar.
gnsge remarked, when addfessed The Senate before
upon Ibis subject, nal well oil the very gene
raj Impression prevailing, not only within these doors but
elsewhete, that ,tbe clam which presented here was
one totally without foundation; aDd the very general COO
yicton that hy yng The very lace OF the con-
siiuJn by epdeavOtins TO rerpeius's an Office which
the constitution, iu so many words, provided snodd
tlnue for limited time only. have heard my ffiends
regret that the consii.aion should be wOrded 10
initiate against my clam. All can say 10 them il,
that they will mud that language there regret
much they may u is not there Indeed, such has
been The general alarm lest violations of the oon
sttuon should be involved III the settlement OF tue
question before that volunteers presented
themselves the garb OF newspaper correspondence
sustain the constitution, npoo the presumption, proiapy