The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-01


who adopted that INSTRUMENT il sufficient provision
with regard this body TO give to the e-
gsa,ure Of the State hepower Of acting upon The subject
The second class Of precedons the decisions Of the Sen
upon where the vacancies happen, upon an
unforeseen contingency during The recess OF the legislature
la this class of cases. including that OF Arkansas y Is hea
that the executive may make temporary appointments unu
the next meeting of the legislature
The third class of pecedents is that 70 which auson
has already been made and which gives rise 70 inc question
whether the a9poinee of the executive hold seat here
beyond the first day Of the meeting of The legislature, and
during its session, until Its ADJOURNMENT there be no inter
mediate appointment asserted, Mr. President nowith.
standing the doubt which has been cast over the propy
this class OF precedens hat TO be vndeated IL IS Inc
only just construction, in my Judgment that can be put
upon the constitution. think that the DECISIONS IN tins
class of preeedens, are entirely rghi and will give my
reasons for IT,
The words the meeting of the Legislature" suscep
uble of distinct meanings One is the first coming
together Of the Legislature very when they
meet This very and limited construction OF that
term. The other Isl that the meeting of the legislature
compehends the whole period of the meeting Of the egisla
ure They meet from day to day, and the aggregate of
those meetings. from day day until the final adjournment
of the legislature is lhe meeting Of the Legislature" For
instance say that the legislature such law at
its meeting 10 January IN May Not al the moment
when they meet but during the session of January OF
May In that sense, meeting" precisely equivalent to
the word session. IL embraces the whole of the
and if say at the meeting of The legislature OF
Maryland " such thing WAS DONE no would suppose
that meant the first moment when they came together
The done by them during the of the egis
aurethat the aggregate of the meetings from day 70
day. II is precisely with regard to our sessions We
have daily sessions and the aggregate of those sessions Is
designated by the general ermhe session of the legIsa
do refer any technical rule of law by which
is but day. although is in the spirit of that rules but
it is understood by everybody is the popular meaning
of the term.
SO is with regard the word until" etc.," unto"
from, and after" All Of these words which
either exclusive inclusive according the meaning of
the parties who make contract, who law. If
there is power to grant eases for three lives or for
wenyone years. for any other period OF Time and the
dine
the day OF the date IN order to give validity so If
enter into contract to put very familiar to keep
horse until the first of January when the is to call
for it, not to turn that horse loose the moment that
the midnight prec sdng that day has arrived but my
biods keep him the day and through the first
day of january although the language of the contract
until the first day of January introduce this familiar
illustration because it clearly eynces the meaning of the
term, especially am dealing with instrument which
derives its force from the of the people the several
States of this Union The inquiry what did they mean,
and what did the trainers Of the constitution by the
provision, The executive thereof may make temporary
appointments until the meeting of the legislature
which shall then fill such vacanciesH' To my mind it is
perfectly clear that the word until" there comprehends the
whole meeting of the legislatureunu they dourn with
out day. until the legislature elect member to fill
the vacancy. This rendered perfectly conclusive by the
expression which has been adverted by the honorable
senator from North Carolina Mr.. BADGER The execu-
tive thereof may make temporary appointments until the
meeting Of the Legislature, which shall then fill such
vacancy The word then" precisely commensurate
with the words next meeting of the legislature And if
the intention of the trainers of the constitution that
the vacancy should be filled during the whole session. then
they meant precisely the thing when they said that
the temporary appointment should continue until the
meeting of the legislature.
say, therefore, according the best view that have
been able take of this subject that that class of
dents entirely rght and that the person appointed by
the governor of the State holds his here during the
whole Of the legislature which follows, unless
the time the vacancy filled. At The moment when
filed and official notice of it given, then the tempo
rary appointment IS to terminate, and not before.
The other construction forced and unnatural consruc-
ton. Ii is what call " reconcile meaning" meaning
that would not be open to popular Inspection and meaning
which the first OF this clause would detect The
popular construction would be that the appointment
temporary appointment until the meeting of the legs-
lature that does refer TO the power Ii requires,
may be permitted say, the ingenuity and the ability which
have been displayed in remarkable degree this debate
discover and enforce the construction which has been
urged in behalf of the honorable from Vermont,
Mr. PHELPS. say that the trainers of the constitution,
my judgment, would not have put that construction upon
II, and the people, in adopting IT, would have been equally
remote from such construction On the other hand, the
construction which has generally been put upon It, and
which had supposed the only is the open palpa
bic, and obvious constructions which would strike the
mind Of every upon the first perusa Of the words And
when you add that II u precisely IN conformity with the
theory of the constitution that we, the members Of this
body represent the sovereignty OF the State and that the
legislature of the State represents the local organ the State
sovereignty and that the appointment to be made by the
legislature OF the State all except and that
where the legislature, because of the vacancy upon
ngency that could not be oreseen, had power 10 I'LL it,
1t seems 10 the result is inevitable. constrained,
therefore, my accordance with the report OF
the minority of the committee, with whom had been able
be present at the meeting when the subject disposed
OF, should have most oheerfuly concurred.
fro Continued
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