The daily union., 1854-02-12

Dy appointment OF 1atof, pS
ciay informed thereof"
We must suppose the distinguished senator who intro.
duced that resolution 10 have been utterly ignorant OF
the meaning OF language IA supposition enttey nadns-
sbIe) when he made OF such words unless he
10 confne the oil the occ 10 TIE then session OF
the Legislature as iis greatest duration II the Senate
did not intend determine what the tenure OF office
under executive appoinlmen-f they did not intend
10 decide that limited its utmost duration To the
adjournment oi the legislature al the session next
ing the spPoD'ment-ihai an executive apponiee could
not hold alter the session closed-why were
the words during the session OF The Legislature" IN
serted Ia the resolution Their import neither be de-
MED eyaded for il against all rules OF construction
10 treat them as mere suIplusage.
The precedent, then--the only precedent-is directly
opposed 10 the construction now proposed 10 be given 10
the clause OF ths constitution in question by the majority
Of the committee The practice under that precedent
has never gone beyond H. and this is the first instance in
which the Senate has been red to allow previous
executive appointment 20 be extended to provide for
the action OF the legislature subsequent
II you have the debates which occurred at the lime
you have nothing but the decree judgment OF the
court you nust OF course look to the language OF that
decree in order TO obtain the intention OF the body The
language OF the decree here in pan precise and un
ambiguous terms as can be used defines the tenure OF the
o6ce as lasting during the next session OF tue legisla
ture unless they ia the intsri make an election to h
the vacancy, and that fact IL officially communicated TO
the Senate. That is the decision of the Senate in the
very terms OF its order
II sus,ains the third interpretation, which have pre-
viousy stated; and though | have thought, and still
think. that tortures the words until the next meeting
Of the legislature, To read them, freely admit that
none OF the evils which apprehend from the adoption OF
the resolution reported by the committee can follow IRON
such \ construction.
The resolution and repot, OF the committee have this
exenihat unless the legislature fill the vacancy at the
session next ensuing its occurrence, the senator pre-
vi0usy appointed By the executive can hold over until
they do appoint the tenn expires. Now, there is no
Limitation OF tenure at all unless my construction OF
The constitution, that adopted in the case oil Nr.
smith. Is adhered 10. The same Argument which eX
tends the right the part of the executive appontee, 10
bold until the Legislature elect may oveeap the
Il
ten years. senator may as well hold over under an
executive appointment, beyond the expiration OF the
term beyond the adjournment OF the Legislature al its
next ensuing session. The clause OF the constitution
contains srwrs limitation OF tenure unless il be the
next meeting OF the Legislature" The appointment is
temporary but II that does not restrain II to The period at
which the proper constituency have the power 10 act,
a would not disturb the classification of the Senate
ii the app0Dtee held beyond The expiration OF the
term. can perceive implication conning the duration
of his appointment 10 that limit, to which the aTgument
OF Inconvenience from vacancy would not be as salts
factory can be TO his holding over after the
adjournment OF the legislature His appointments tenn
porary and If the principle OF the committees as stated 10
their report and the only principle which can extract
from H. be SOUND that The trainers OF the constitution,
IN providing two modes by which senators may be ap
pointed had in view the obvious propriey, not
sity Of having senators each State all times in
commission, and ready for public servicehen that "pro
priety and necessity require as imperalvely that the
duration of Office should in order "to have two
tors always in commission" be extended 10 provide
against partial representation of State. where the
Legislature fail to elect in due Time for the full term, as
where they fail to fill the vacancy in broken term.
The trainers OF the constitution no more contemplated
provision supplying by executive action the neglect of
duty on the part oi The legislature IN the latter case than
in the former.
Admit the principle OF the committees report, and the
yesu, will be. that long the legislature be kept
sufficiently dsorganzed BY factions otherwise the
s,or under executive appointment may hold Such
q result cannot happen now in this country.
Such causes have no connexion with the present case.
But who tell when you abandon the proper con-
struction OF The constitution and the evident intent OF
gx~rr ri raft~
pointmenss the executive that in subsequent, days the
power OF the executive may not combine with the inu
encs Of fsctous mnores for the purpose Of continuing
senator in this body under executive appointment, FAR
beyond the term OF the person originally elected
In the delegation Of authority 10 The primary power
the constitution expressly limits the TO years
In lbe delegation OF authority 10 fill vacancy 10 the
same primary power, there is Limitation, by necessary
implication, to the residue OF the term But IL, IN the
temporay appointments until the next meeting OF The
Legislature" do not operate 10 limit the tenure until that
next meeting, tie temporary apponlee may hold over.
under the principle OF construction approved BY the ma
ory Of the committee, sdinntum, if the Legislature do
not agree TO elect
As regards the precedent OF Mr. Smith, il covers,
suppose. the now before you. Not in any report
not in any debates which appear before us-but in
the terms OF the judgment OF The Senate itself il excludes
the right TO hold this seat That precedent has been acted
on from 1909 to this time am not disposed 10 say
that whenever such case arises as comes precisely
within it's terms, shall not accede 10 that settled prac
ties OF the Senate. Blu, do no, attach the wegh to
senatorial precedens that some gentlemen do Even in
judicial bodies constantly overrued doubted,
and denied, OF necessity, om The variety that exists in
the texture OF human intellect and the different eonclu
Mons st which il arrives almost any subject what
ever and in political body constituted az is the
Senate, but too often political passions, desire oil po-
htical ascendency, personal favor to the individual,
indifference, neglect, indsposition TO examine The
meaning OF the constitution, when the particular
case does not enlist the passions the feelings,
make precedenis of !ess weight than they ought
10 be- In court OF justice admit, however that there
il great weight in uniform practice OF long continuance
and the extent which that practice has gone, wheh
or in court here, should be generally disposed TO
yield TO il. unless II nnquestionabe violation OF
the constitution Practice however, cannot be urged in
support of any beyond lis extent and more espe
callY when the precedent upon which IL is founded is OF
quesonsbe authority, and by its as in the present
case, negatives the principle which il s cited TO sustain
ltisa remarkable fact in relation to Mr. Smiths case
that be took his seat the Senate under the de-
cisiou which admitted him, the 9th OF June, lS09
though the session Of Congress extended to the 25ih OF
the month, and many important and exciting questions
were before the body He subsequently elected BY
the legislature on the 18th OF November and in
10 December following. The legislature OF Marylan
adjourned the 9th OF June and is but reasonable TO
mesnme that The resolution Of the Senate, coDning the
duration Of the executive appointment TO the then session
Of the legislature, regulated MIR. Smiths course
II may not be unprofabe, Mr. President, to review
briefly Of The precedens n reference TO questions
arising upon the OF the fifth section OF the