The Rutland County herald. [volume] (Rutland, Vt.) 1852-1855, 1854-01-13
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Mr. Foov. It's due tom, .,ii.,..,.A.,
! should briefly mako an cNpisset,,n =, H.
senate. We al, doubtless tan, sp,.,.,
hc debcacy anil embarrassment VI h,. y.
sll,on. Although hc may BE- rpprchuns,.,
o' seeming appearance VI ohtnsncncss
w. rcsuming his scat here, be Is but acting
~ "h'd'oncc "a tho dictates &C sense ii
"ohgeil"n To the people Of that State, who
nave honarcd hun 81 hong with y scat al,
lhis uoor, and which. may he allowed =,
say, hc has filled with distinguished ahib,,
The opinion prevails IN that State, All
may say " did IN tho Legislature. saIh,j
more or less Influence Ia cont lag ~
action of the Legislature IN rcicrcnceio,l.
election of a Senator, that IN the c,cs, \,
failure. the previous Executive arno,r,
mcut would continue. NV collcarue e.ni1
[ do no otherwise, IN justice to The Sia,e
/ than come here and Resume the seat 4,
/ which lac was entitled upon the hco ofAia
| credentials, and present for The decision Of
/ the Senate the question Ut his ugh Ia retain
/ It, aud the right The State To- have hindu
/ So.
The question, Mr. President. is an i'm.
! poltaut one and, IN some Of It's fraturc,. an
/ entirely new one. It Is question OF that
magnitude and importance which ought
never to be disposed of IN a running, oiI.
| hand discussion in the Senate, wilhuu, tho
/ previous investigation of an appropriate
committee. trust the resolution otI6redby
the Senator from New York NAV be adopi.
ed. trust that II Will meet with no onpo.
siiion, but that the question will be- referred
to the judiciary Committee. As a case in.
volving complex questions OF constitutional
law---as a case involving important qucs
ions of personal aud State rights and priv
legcs, it is cmnon,ly entitled TO the patient
and consideratc investigation of that Com
mittco and when their report shall have
been laid before us, we shall be better pre-
pared to form n correct conclusion on tho
questions involved.
came INTO the Senate Chamber this
morning with the purpose of stating tho
facts upon which the case rests. and Of ex-
pressing my own views, in brief, upon some
ofits prominent points, hoping Mt lcas, to
satisfy Senators that the case is not go clear
of all doubt against the right as to require
no reference and no investigation but hOv-
ing discovered n general inclination to let
the case GO to the Judiciary Committee,
shall refrain from entering on the discussion
of the question until the committee shall
have made their report.
Mr.. PHELPS. Mr.. President, did
not come prepared this morning Ia present
an argucment to the Senate upon this ques-
ton; nor Is 1t my purpose to do so now
| did desire, however, an opportunity 10
explain to the Senate the motives which
induced INC TO present myself here, claim
ing, in behalf of the State which profess,
to represent, a right to u seat in this body.
The explanation. however, given by my
colleague, the Hon. Senator from that
State, Mr.. Foor, has satisfied me, and I
therefore desire TO say no more.
trust that the Senate will do me tho
justice TO believe that come here, not with
with any personal prctcntions, but TO as
scrt and enforce what ! consider the con-
stitutional right of a sovereign State
Waving TINT matter, however, Mr.. Prcsl-
dent, am perfectly willing to comply with
the desire expressed by the Senator from
North Carolina, Mr.. BADGER, in present
ing to the Senate. as | think | can do in n
very few words, the grounds upon which
my claim To seat here rests
am perfectly aware Mr.. President, that
expressed by the Senator from North Car
DINA but from careful examination Of
the phraseology Of the Constitution--ftom
an examination of the presidents, as far
as they have gone, indicating the sense of
the Senate from time to time, must say it
Is my deliberate opinion that the commits
sion under which took my seat here at
the last session has not yet expired
The expression Of the constitution nm
der which this appointment was made, is in
these words, If recollect them rightly: In
case of vacancy, such as occurred by
the deccusc of Mr.. Upham the Executive
OF the State is authorized ito make tenn
porary appointments until thS6ext meeting
of the Legislature" Of the State, switch
shall then fill such vacancy" The i'm
preston TO which | alludc, as expressed by
The Honorable Senator from North Carolina,
is, that the limitation implied in the words
"until the meeting of the Legislature is
limitation of the office or appointment,
which therefore terminates the right of tho
appontec.
This impression. Iapprehcnd, is altogo,h-
or erroneous. The limitation. in INV indg-
mcnt. applics TO the Executive. and moth
inc else and viewing it, in this light, as a
limitation upon the power of the Executive.
the language of the Constitution, "un,ii
the next meeting of the Legislature IN
peculiarly appropriate.
If Inn r,ght. sir. in This construction of
Of The Constitution, in considering the lin
iiaiion as applicable, not to the Office ere