The daily union., 1854-02-05

a, years, ended make the occupant OF a
- eer,ain extent independent OF the fluctuations ADD
capflees OF popular senment II was feature inIended
10 bs Impressed upon the constitution 10 give this body
as portion OF the national lsgisiaon. degree OF nde
pendence that should not be jos,ed in lis action by every
/ WIN oil public sentiment or popular caprice.
! Bul when come TO apply the objection 10 the sena
Tor hoting his seat under The executive appointment
find thai The otjecuon es with much less force than
when applied 10 one holding his office for iul term.
The who holds by Legislative election holds
il independent o his legislature Tor six years, while the
appou OF the goyrnor is liable to be displaced by the
legislature on its first meeting, as admitted oa all hands
Sr there be danger that the public sentiment OF The
State may be mssepessnled. The executive appoinee Is
certainly readily accountable and more easily dis
placed than regularly eleced senator. The ohJecon
therefore, in my Judgment, does no, atect the question
Bal wlas does lhe consultation say The constitution
provides thai in OF accidental vacancy the
ecutye oay uaake temporary appoint nents np the nex
neeiag Of the legislature Upon his pnIaacology The
ed ia this phraseoogy II we are 10 meet the Argument
based upon the motto er IA spsa e we are necessarily
driven 70 something like cntical examination OF The
precise phraseology and the grammatical coostucon oil
I tie language under consideration. ss
What is meant by maktsg an appointment Nothing
nor than lha the executive OF the State may
sguae the person who is 70 u The office. That Is the
whole idea The executive oi the State may make appoint
El2nts is the language Wha, is meant byIt2 Nothing
more than desg atng the individual who is 10 fill the
place. who exercise the powers anu discharge the
duties of the Office What Is there IN this idea Of making
designation or appointment that involves IN the re-
degree the powers 10 be exercised the duration
OF that commission thea conferred Sir, the of
the State does creale The oihce The senator this
door holding his seat by execuve appon,men, not the
deputy OF the He Hills the Office created by the
constitution; his powers and duties dehned by the
constitutions and the moment he receives that executive
appointment he independent OF that executive is
/ the man who blacks his boos The idea that this office
Terminates with The power that concerted IL, which has
been advanced by genenen IN debate, would lead
Us 10 this very great absurdity; that senator
floor acting under executive apsolnmen, s be consid
cred Of the OF The State,
10 20 OF office with hlm The idea ,s borrowed from
"A. thsu u,,t,
virtue power conferred by his principal 10 represent,
INN, and aci Tor and in his behalf That is not The
dion OF member oi ths body. am no more repre-
sentative of The governor who appointed than am
OF any other citizen OF the State. The power Of the gov
enoI therefore, does mol sustain the oice II does not
confer the rights II does impose the duties; it
mere designaona ministerial act performed in obedi-
ence The conslituuon-wbicb, when performed, ends,
aud ends unless similar occasion should call ios
the exercise again of The power OF The executive
n WHAT ia there in this ac, Of making appointment
that Involves duration What ia there that, we law
yers ssy, be laid with eoninusndo3 1t is single,
ndvisiDie act, and an ac oil winch duration Is not 10 be
pIed,cated al all from the nature OF The hiDg This IL
4 what is meant by he expire zion of The constitution
winch authorizes he governor oil Sale TO make ap-
: pontnent
, We come now to the Limitation in the constitution
"uIi tie next meeting OF the legislature" VIA, does
hs neaa and 10 what does il apply! Does il apply to
the appointing power Does Apply 10 me duration OF
tae seuaona Office. which have already remarked is
add defined by The constitution isei Or does II
appls 10 hoh l0 my JudgmeI', as nave already mad
occasion express 10 The Sense, the limitation applies
to tbe ACT 10 be There is nothing involved in tte
phrsseology make The appointment which implies du-
l. rslon.
But the language of the constitution is expressed in
the ,lural-hat the governor may make appointments.
What il the meaning Of lhsi Does anybody Imagine
thar the governor Is 10 make two or more eoempora-
appointments, 10 put the great seal 10 commission
with halt dozen commissioners TO occupy seat this
door No. sir Soch an idea s Entertained by nobody.
What. thea, does the constitution when IL pro-
vids- that the executive may make appointments Why.
obyoa-ly that the governor may make appointments.
tfrna tp nt thu o,aar
cure as the 10 South Carolina not long since
upoa the decessc OF Mr. Calhoun. Mr.. Elmore o.
pointed and took hs seat anJ died in few weeks when
Mr.. Banwell was appointed TO succeed him. This la
stance occurring the State OF South CaFoua presents
perhaps the best CON neniafy upon The object OF the
trainers of the constitution IN adopting THIS language
Viewng this clause IN this light. s meaning Is-,hs in
case such vacancies occurring the executive OF the
state may. from time 20 time make successfully tempo
Isry appointments 10 pfoyde Tor conauons representa-
iios d the State.
Here then, we have. contemplated By the eonsitu-
ton succession OF a,pontnensa series OF successive
appointments The power - conerfrd upon the exeeu.
1--we of the State make these successive appointments
from time To time And then follows the limitation = un-
nj the next meeting of the legislature" What does IL
mean but 10 suspend this power Of making these appoint.
the meeting oil the egsa'ufei Is not this the
obvious meaning ibe executive OF the State may make
thesp appoint nens vacancies rom time time,
and ihis power thus conferred may coauBae TO be
c-ed un the meeting OF the legislature, which = pflma
ry inrusled with the appointing powers Is there any
other construction that can be pui upon Than that th
limitation applies TO the power Of he governor and moth
lag elsel Cicse the language State hr question ~
il has been stated heretofore Does the word " unIip
qualify the word "apponlmens," does 1t qualify the
word " make /" fLsl is the critical form ~ which II
, presents it-eli,
Bat let for the sake Of argument consider the term
unp having reference 70 the word appointment" "
PU, out ol sight executive power and lake The pro-
vision OF The constitution have represented H. II will
then reai In oi vacancies occurring, by death or
olherwise Temporary appointments be made until the
next meeting OF the rgisisute Does not the limitation
evidently import that these spoinnenis shall no longer
be mads-ihst the shall end-thst the power 10
make them from tine 10 time shall be exercised
power is conferred to make temporary appointments.
and from time time, (1ecsase two eonenpoaneous
appointments answering the sane purpose were ever
/" appointmenta" Does not toe limitation obviously
attach 10 the further o the powet' Apply the
Limitation 10 ne word appointments" what is he
pou OF that wordi There nothing IN Il which denotes
ihe teaure o Office and nothing which denotes durs
ttion 70 be sure, the collocator OF words" appoint
ments unu"-yety naturally leads the mind 10 C0nnsc.
The Two words together because ,bey are w axtaposou
But does the governor any such ohcel No,
the oce - created by the oonsluon s powers and
/. duties there defined lie j. authorized TO make an ap-
ponlmen TO desgnalc the person TO OIL it The word
appointment therefore, this connerion does not import
the with Commission or office. IL has totally dt'
iereni meaning lnsesi OF desEDsng the ottee with s
incidents o power aud dsratlon, desgnaes nothing
than ministerial or executive act, deDonna-
ting thai appointment How, then, The lnita.
ton II referred 10 the wort appointments, bear upon
matter not involved in the import OF The iern} Tbs ~
my OF the phraseology u the coDsti uon Bui does
any doubt that this lmailon INalIon upon The