The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1854-03-29


tho 2 ace of principal, and to hold du-
ring the absence or the want of rrin.
cipal and while holding it, is invested
with the attributes of principal, and
therein differing from mere locunt
tcHeHS.
1t is said 10y the dissenting members
of your committee. that Senator, un.
der an Executive appointment, may or
may not represent the political views Of
his State that he may be the mere per-
sonal favorte Of the Governor. How
ever this may be, ii furnishes no argu-
inent against our construction. inasmuch
as that construction docs not at all in.
tcrfcre with the right and authority of
the Legislature to supcrsede or TO reaf-
firm that appointment. If they do not
superscdc it. the fair Inference is. so far
as any may be drawn. that the Executive
appointcc represents the political scnti.
ment Of the Legislature and Of the State
and at any rate that they are unable to
elect another any more acceptable to
them
Looking, then, at the language Of this
provision of the Constitution, and hay
ing regard to is obvious purpose in con-
noction with the rights and interests of
the States | have at least satisfied my
own judgment that this is the most rca>
soaabic the most iust, and the most nat
ural construction that can be put upon
it. will add, moreover, that this pro.
visional clause. pertaining as it docs to
the right Of representation i'll the States,
its object Icing to secure to them a full
representation in the Senate Of the Uni
ted States against incidental contingcn.
cies, like remedial statutes, should be
construed lberally; so construed, as far
rs its language will admit. as most cf.
foctually to accomplish the beneficial end
in view II its language were of doubt
fal import it should be construed most
favorably to the States
y full and equal representation in this
body, at all times, is one of the most
important rights, as well as one of the
highest privileges, guaranteed to the
States by tho Constitution So careful
were its trainers to guard this right
gainst Infringement, that in the fifth ar.
tcle defining the mode Of making amend.
mcnts to the Constitution, they add this
proviso; That no State, without its
consent. shall be deprived of its equal
suffrage in the Senate
| trust that in no case. and in no man.
ncr will this right and privilege be a,
bridged by artificial or forced corstruc.
ton We are not asking you to create
Senator" for us but we ask you to
allow us to be represented by Senator
created by the proper authority under
your Constitution, whose appointment
has not been superseded, and whose term
of service has not run out by the imita-
tion of the Office
The decision Ct this question affects
not the present case alone but all other
cases of similar kind which may here
after arise and they are likely to occur
With more frequency with the increasing
number Of States, and the consequent in
creasing number Of Senators, aud, per-
haps, may add, with the increasing
number Of political organizations This
is not n question for Vermont alone but
for every State in the Union. The pres
ent is a most favorable timo for the i'm
partial judgment of the Senate upon it.
The duplicate proponderance of political
strength upon the opposite side of the
Chamber, and corresponding fccbleness
Of numbers upon this side, repel all np,
prehension. which might perhaps DO eli
tertained in more equal division of par
lies, that political prciudices or predilec-
lions can enter, in the smallest degree.
into its consideration and decision.
Mr. President have felt it due to the
relations in which | stand, and especial
ly due the State in whose behalf | am
authorized to speak and to act here, to
express the views | entertain upon the
question lofore the Senate The case
having been brought before us, it calls
for the action of the Senate claim.
N behalf of my State, that my colleague
IS entitled to retain his scat upon this
aoor as 4 Senator from Vermont lie
was duly appointed, The vacated term
to which he was appointed has not ex.
pired. His appointment has not been
superseded BY legislative election. 1t
was not terminated by the meeting Of
The Legislature, you have long and often
decided 1t was not terminated by the
Of the Legislature, By any
words or by any theory you can torture
from the Constitution. 1t has not. in
short, been touched by the action, much
less by the non-action of the Legislature
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