The daily union., 1854-02-05

appear here at the executive session. and say 10 gen
iemen. me Legality and popriely OF my appointment by
the exrculive OF Vermont not doubted that appoint
meat IS not qiasonet Here is provision OF the con-
sluilon which says hold my seal here until the
next meeting OF The legislature OF my State Now, II
shis De ie true construction OF the constitutions how
could my ciam be resisted But will 60 further Sup
pose not Only Thai the constitutional OF my pede-
cessof had expired on the Of March last and suppose
that The legislature o Vermont which the October
preceding had elected his successor; and suppose that
on that occasion had said the successor of Mr. Up
ham, mus elected by Tue Legislature. Sir you are too late
II have an executive appointment, properly made,
quesionaby vaild and by the terms OF the cnns,itu1
thai appointment endures Hn,ii ne xt October. /" The
meeting OF the Legislature" Sir, you may go home.
would uave been SAID 10 such caim 10 such a pro-
tension! Why. sir, il might be argued. il h1a
been argued here to-day, that il the constitution hi
svrn . VA & maoa 70 NY once n,s ihsn hs y, we . wst5
Way, gentlemen who hold ihat dociFine and who have
amused here to-day with theories OF the constitution
thai the Stale legislatures the constituencies oil
TORS and this executive power is to be exercised only
a matter OF extreme necessity Those gentlemen must
place this executive power above the power OF the leg s.
laures Of the State What then, becomes OF their
oy' They tell us that the legislature is the constituency
Of the Senalehat The executive appointment, Is in
novauon upon the theory OF the constitution and ye,
they ADOPT in thus particular construction the con-
stiiution which woud inevitably place the executive
power in position paramount 10 the legislative power OF
The State aud ,ne secondary and provisional is made to
supstsede, override and annul the primary power OF
| the State.
I haze supposed case, bu, il not imaginary one
Ba' lew months have anspred since such case was
presented upon this floor. The honorable senator from
Kentucky Mr. DxoNl here under legislative ap-
poinlmen, from the State OF Kentucky He was met by
temporary appoinies OF the executive OF that State.
who here under such temporary appointment, and
attempt made upon thi, hoor 10 sci up that tenn
pofars appointment overriding and supersedng
toe action oil the Legislature OF Kentucky in electng
present senator, Mr., Dixon | shall have occasion to
remark further upon tnat precedent hereafter. Now,
gentiemen that the construction con,ended
Tor BY tnem instead OF Carrying out their theory Of The
it,rit ntlp uh,ua
power OF the legislature OF the State aogetheT lii
other words, do they not perceive that enables the
eculiye 10 supervise, as gentlemen have chosen to ex
press H. the action OF the Legislature! Ind yet must
submit that II IL entirely beyond my comprehension TO
understand how the doctrine contend for here can
have tendency to enable the executive Of State su-
peryise the action OF the legislature OF that State. had
though, that the the But if you are to
adopt this construction OF the constitution, and iasten
upon this Temporary appointment tue permanent limia-
,ion thai II shall endure uo,l the meeting of the
leg satu, inevitably enable the governor super.
the action Of The legislature of the Stale Now e,
refer again to the instance OF The kind have already
mentioned. Tue honorable senator from kentucky Mr.
DIX mi was elecled III February Subsequently 10 tha.
ume his distinguished predecessor Mr. CiaY] died The
governor of e S ate OF Kentucky appointed Mr. Meri-
srther TO MI tue vacancy caused by that death Now,
ii be true that the constitution attaches the limit that
9th @ that Il snail endure uHn the meeog of the
Legislature OF Ken,acky, why did IL follow ha, the
executive OF iue STATE py the exercise o that power IN
the appointment OF Nh Meriweher, not only spsyUiscd
but superseded and overfuied the action oil thai lega
/
Mr.. P,asdent, The construction ndye placed upon
The constitution Is l'y no original wiia me have
already said that the community nave been startled with
the idea that pTeiensous set up here by e.
ubheard oil before. Gentlemen OF the Quii have seen i
TO thing, something startling, alarm
ing-thal were about TO UNDERMINE The provisions OF
the constitution. Sir, my next purpose will be show
that this construction OF the consultation By no means
original wih me- Ii is a construction that has been
manainei upon bis loor and maintained suceesslslly
IL IA construction which. IN more instances than
has been sanctioned by decided vote OF this body
sustained not only By The opinions of individual
tors expressed here, but by the action This body Now
let advert 10 the debate that took place few years
since the OF senator iron Massachusetts, ( MIR
WnihropJ will remak here, that believe this is the
earliest tnsance IN which we a'e favored with The opin-
ions expressed by senators IN debae upon this point IL
was remarked by The honorable chairman OF the Com
mee the Judiciary, that IN the earlier have
no records The debates aud can gather the re
which Influenced the Ssnale only from The votes given.
The hrsi opportunity have OF consulting the advd-
ua OF senator's expressed IN debate here. is the
case to which iiaye siludec-that oil Mr. Winthrop,
senator from Massachusetts Ga that occasion no less
Than nine Distinguished gentlemen Of this cody expressed
upon the SUBJECT the precise views which | have en-
deavored 10 explain here,
I The case arose in ibis way: Mr. Winthrop was ap.
poinied by the governor OF Massachusetts to NIL va
cancy occasfonel by the resignation of Mr. Webster
The legislature OF has State met, bat not fortu-
tucceed Al IN the election of senator 10
hl the vacancy. In the tme the appoinee OF The
governor held his place And he saw III TO raise the
question before the Senae 10 whether be entitled
ture Of his State Thai discussion involved the question
whether The limitation 10 which have alluded applied 10
The duration ot the oCe, only 10 the appointing power
/ Upon that occasion there very tull discussion
Dihereat views entertained By gentlemen upon the
subject And, that the fret occasion upon which
this matter folly discussed, and record oil The dis.
cusson transmitted 10 us deem myself AZ liberty adj
ver TO the opinions then expressed, The honorable
I aur from New Hampshire, not a member OF this
body LMr. Hale.l presented precisely the views which
peseg uowhst the Limitation question had no bear
Ing upon the duration OF the office lie was followed by
The present senator from Wisconsin, Mr. WALKER \
who expressed Tue same views. The honorable senator
lt0m Iexss--nOt now present, MIR. RUsKlexpressed
the opinion. The honorable senator from Inu
itiaba lMf D1wnsl also held the sane views And
was Spou 10 say-bopsh say II with some dith
dence--iha, 80 far as then undsfstood and now un
defstand the we've expressed upon that occasion by
the honorable cpBlFman OF the Committee on the Ja.
dietary, he also coincided IN that ol0pa. The h0u-
orabs senator from Kentucky lair. UnderRoodl went
very fully into The matter The hodorablc senator
from Name Mr.. BRADDURYJ took the same view end
the honorable senator tetoge me Mr. Mts0sl ex
pressed no only hs general views hut also hs opinion
on he very pOini now before Toe honorable
tor from Connection ur Baldwin, expressed the sans
views Here are not less Than members Of this
body who upon that expressed the views
which an now endeayoring TO enforce here There is
no ddefencs between them In looking al that debate
ews en- etlaned at the present by The unorily OF
toe Committee oh the Judiciary, ahd those gentlemen
were, Mr. Davis ot Massachusetts, Mr.. Berfien oi
Georgia, and Mf. Rheit oi South Carolina Mr Davis
founded hrs optnlOn upon The Ltnban case. shall
nave perhaps 10 notice the Ianbam case here
aiief y ~ sueient TO say COW, that that the
question was, no how 10 Ar Lanham should hcId his