Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1854-03-31
Speech of Senator Foot
CN the Case of Mr.. Phclps,

vacancy causcd by the death of Mr.. Jpham,
could not rntitlc him to a scat there fnr this
s,y,i,, v,ru,,. .,,o, t,. ,,. . I.a;,,d
"" '"' o"'
Suites senator just Whcn shc ought To- nave
two The 'htcfcSt Of the question to our
pcdlle makes MS iiyc entire thr specch of Hon.
: r,,t IN r,,,r AZ A. pL,1,s, .t. m,
ucc'Sioh uocS hot seem to nave turned ON any
sectional or party view, but from clear diff
ference of 0,ini0n on the Mneuneoi in the con-
s,;,r,;,,, 80. u,,i.,r a,,,t o.,,L
" VI 10 l,'"'''"o' VIZ '''',, =,
siuc VOTES were gwen ny senators from all
sections and ol all parties
Mr.. President. at this stare Of the debate,
and esnnrinIlv ,ftar tbr III. .nanrb ,r tbn
honorable senator from Indiana, Mr. Petit |
who opened this discuss,on. and after the
very able and elaborate snccrh nf my col.
league in yindication of his right to scat
here, and in full RESPONSE to all the pDints
which have thus far been. urgcl araiust his
right. it will hardly bc expected of me that |
should attempt more .br, n SORT of General
summary dr tccdpitulation of the argument,
or some portions of it. upon the affirmative
side of the proposition before ne Anticipa-
ting that this question would come before
the Senate, took occasion in the early part
of the session; to examine the subject with
some degree Of care. looked through all
the precedonts, and read the debates upon the
SEVERAL cases 90 far as thcv have been re-
ported and published. The result of that cy-
animation was IA confirmed conviction that NV
colleague was entitled to n seat that my
State was entitled to his services here as one
of her Senators. expressed that opinion to
many of my associates of the senate. Occu-
pying the position do rcpresontina the State
most directly Interested in the result of thi.
question | deem Il not ont ont ur ,lacc. al
though it NAV be unayailinr. to- EXPRESS to
the Senate the general views entertain uron
the question hs fore us and whirl have led to
the conclusion at which NV own Judgment
h Is arrived
need not saw that tbe ouostion raised in
tbs case, aside from its General hearing and
Importance. is one of immediate and snccial
interest to the State rcrresent An adverse
decision leaves the State without its full and
equal suffrage in th, Senate Of tI, United
States. mt least durinr its nrnsnnt sossin,, =.
A regular session nr tho Inyisl,turo or Vcr-
mont does not n,-oin convene until thc second
Thursday nf Ortnh,.r ucvt Tb, ouo.,;n,, !,
one of construction nor nn issun II fact IFS
decision is entirely drncnJent mon fhn con.
struction Of a constitutional nrniision - : m.
~ At tslssfG ~ Al
ease observation-disclosures .bnut which t6cre cnr
be no controversy. us thcv are ali oc rubli,
record and rubiic notoriety. Of which tho
Senate will tak ke notice. and act mon udiri,L.
" witbout nrnof obyudc
The circumstances of tbc casc. and out NJ
which the oncstion arises ,ro hr;cHv thosn
The Hon. William Inbam n Senator. from
Vermont died in thc NINTH nf .J,nurv nj th,
last session of CONGRESS-. and durino the ro
cess OF the Legislature OF that State, leaving
vacant the residue OF his constitutional term
which runs to the fourth day OF March. \
u. lSoo' Congress being then in session
tnc Governor OF the state, IN the exercise ol
ms constitutional power and duty, Immediate
made temporary appointment OF Il
senator To the seat which mad been thus prov
ldentlally vacated Ihat appointment wa'
conferred upon the eminent citizen whose
right to the seat Is now IN question; who
was thereupon sworn and admitted to II seat
upon this floor, which he occupied during the
remainder OF that session, and during the
called Executive session Of the present Senate
which immediately followed. Since that time
the regular annual session OF the Vermont
Legislature has been held, having convened
agrecahly to the requirement ot the STATE
constitution on the second Thursday Of Octo
'Ni i"''' "'.lo"iil'' oii thc SSNcith 'hiN VI
the succeeding month OF December, without
having made an election of Senator to fill the
vacancy which had happened by the deceas,
OF Mr.. Upham.
These are the facts of the case, and they
present this question directly to the Senate
and for the first time. What is the effect o
the failure Of the intervening session of the
| Legislature to fill the vacancy by an election
OF Senator, upon the subsisting Executiv,
appointment My answer is embraced il
this general proposition, which covers tn,
whole ground, that an Executive appointe,
holds to the end of the constitutional term
unless superseded by legislative election
| The correctness of this proposition il is IN,
purpose to endcavor 10 establish.
The constitutional nrovis;nns which rol,+,
| 20 tho San.to or tho I-r;,,d S,a,aoro oa,,
" 'ne senate Vi 'nc hiteu Stateh are con
'lS'ned III the .hlro sec.i9h OF thc nrst article
VI ina' instrument. anu SO mucn as Is mate