Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1854-03-31

intervene, III runs TO the end OF the CUnstltu-
tional term, as in recent Georgia case. Mr..
Charlton, whose recent death we have bcrn
panied to learn, was appointed by Tile Exccu-
live OF that State to the vicarcy which had
happened by the resignation Of Mr. Bcrricn
and no legislative session intervening, he held
to the end Of the term. The Executive ap-
pointmcnt in such eases literally and tcchni-
call y .FHs thn vacancy, Or, in different phra
s'OlugN, fills the broken term, as completely
as legislative election. But if a Legislative
session intcr,cnc-what then Why, if they
make AN election, that supersedes and puts
an end to the temporary appointments we all
concedc. But if the Legislature adjourn
without making an clection-what then J.
W hat effect has it upon the temporary ap-
pUntment, None whatever, insist, and the
temporary arpointcc continues to hold the
Office.
This whole question. npprehend, turns up.
on the application of the words of limitation in
the clause, "untl the next meeting of the LIE.
glsature.' att! aware that the general I'M
preston has been, upon the first glaice, that
these words applied to the appointments, that
they limited the appointments, the tenure of
the office 10 the next meeting of the Legis-
lalure y AID such IS the form of many Of the
commissions whieh have been brought here
unde Executive appointments. And the dis
sussions which have occasionally arisen upc n
this clause ofihe Constitution have turned, not
50 much upon the proper reference of the
strlctlve words, as upon the import of the word
| injecting III that connection, which will de-
| fine presently, according to my view Of its true
/ lnterpre taton. But, apprehend, that upon
more careful and critical examination, no one
can fail to be ,tlsfed that these words of lin
lta,on in the Constitution apply exclusively to
! "a N tpp pt
the appointment. The Constitution, anG not
the Executive, controls the tenure OF his ap-
| p6lntmenls. "Thc Executive may make tenn
porary appointments" When' Only when
vacancies happen during the recess, most GER
my. How often may he make temporary
appontmens:" Z" Just so often, clearly, as va
cances may happen during the recess. lie may
make not only single appointment, but sue
! cesslon OF appointments, III case OF successive
vacancies happening during the recess. | ow
| long may he continue to make "temporary ap.
! polntmcntS,' IN of vacancies happening
/ IN the recess: Until the next meeting OF the
! LeLisiatufC,' and no longer, evidently, for YOU
would otherwise bring the two separate and
distinct appointing urgencies into conflict
Why Is the Executive authority limited to va
cancles happening in the recess ? Because
when they happen during the session, the pri.
mary and prlncipal authority Is then in capa-
city or condlt on TO act, and to fill the vacancy.
! For the same reason, the Executive has n ai,-
/ thorlty to make appointments to vacancies hap
penlng during the recess even, unless he exer-
cisc 1t oeinrc 'he next meeting OF Inc Legs.
| la'ufe' Inc secondary authority Is restricted
to the absence of the primary. 1t is restricted
TO the period Of time between the adjournment
OF one legislative session and the meeting of
from, -. ..,,,o,,n, - n7,,nn,nns'1,',, -, ~,
close !, is in -, rond;,,or r. No., md ha;n,, ,ts
nrr'r,. .,,,L,,;,,, :, ,,arass.,i '.,,.,,a,is H.
secondary authority. VIII anybody pretend
that the executive authority extends beyond the
/ ''neXt meeting of the Lerislature / venture
TO say not. What, then, is the import of the
word 'neetlng," in that connection: Most
clearly II signifies the convenlng, the coming
I together, the very commencement or organizl-
ton Of the legislative session. To give it the
Interpretation which has been often claimed tor
it as Synonymous with session, and compre-
hcndlng the whole period of the legislative
term as unit, puactum femporis, a point OF
tmc, you carry the Executive authority along
with 1t through the whole session (; for that ati-
thorlty being limited TO the "next meeting ii
"meetlng" means the session, and the whole
| session, then the Executive authority runs par,
passu through the whole session. position
| which, | presume nobody is quite prena red to
admit, much less 10 defend.
TINS interpretation is corroborated by the use
OF the word meeting IN two other instances in
| the same article. In the third clause of the
first section it is used in the following SEN
tence:-
"Tbc ae,uaI enumeration ,b,u bs u.d.- ui,h;r
three years tho first meeting of the Congress OF
the United states"
And in ,h, second clause of the fo,r,b .oc,
ton of this article il is used in this connec
ton -
,,r,
80 .nh man h. a. le"st one IN eve
day in beecmbcr, &C. W y" wv N''' '''V"
!, bo,h those oonnoo,;o :, :. ., .,,.
." po''' ''''e ."''e1''o"' 10 must clea
.'''e ,no 'oi" meeting 10 useu as s'sniying 'ht
ae''"o'i"S' u'e oo''''"S 'oee'her oI the ION
e'e'S; a"u Nv, as synonymous WIN session. i
"ou'u' iiuI'u, oe ao9uIu 10 say VI the ton
e'ees' II eniIl asee,''oIe every year, ana suct
e'Sto" sum oe o'' ''ie nrst MONDAY III Decehi'
oc'' VI ''y o'"oi manu. 'ne woru sessioh II
'"PoSSu III t'ieo i'''''n'es III 'he same dlu
.c' II" e.cd''y do sign'y'h9 'he pefiou OF
'e''h Vi No' 9'csS' cue" term oelhs suodiVlueo
l,r'o W. pa''' VI eesS'ohs' III tne iouf'h claus'
VI t,lo NV" seou'h 10 'N's provision =
"Ne'thtr House. during tho 'e'''o" of Congress
snaI' ~tn.u. tns consent Oh the other' ADJOURN 10
Asaih' IN 'he nrS' clause OF The sixth sec'IoI
"N P'oV'o'u' 'nn'
SENATORS and Representatives shall, in all cases
eneeP,, "y', ot prl.nssed from arrest during thei
''o"''S
ANA again. IN 'he third clause OF the secont
sectloh' II declares, mat
"Ghe President shall have power to fill up all va
canglcs' %G' by grnting commissions, which shsl
l"''' '"' ''" VI 'he'l h'At session.
IN every instance wherein the terms meeting
ana session are employed IN the Constitution
'ne! are u'eu III entirely distinct and different
selses-'he one as slgnltylng the assembling
o' Ion'ch'hS t"gether OF the legislative body
d'u tnc other as sigh'iylh9 aud dcomprehcndlns
t''I uufa'on OF It's TERM
N"VP'u'a 10 we 10 oe very ciear ihat the re-