The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-19

eA ~oad lsrnae. aud spPoinee ceased 10 act
~eaid senAi vacant The poser. sen given % make
temporary aPPoinanents' untll the meeting Of
The constitution does say what period Of lis ses
sloa lns nle shan ~ the vacancy bat i ieayss s
chooses, o. may deem ~xpeden The appointing power
Ths i rbe Issumra by sss s..,as s Is -
eised at is discretion When the Vacancy hled The
parry elected chesen a. senator lor r Term
aud ~hep he Vacancy Is thus filed the temporary appcin
-lr asked what would be the case il lie eisaiuss
does not M the vacancyt Ii lie no In the power lhe
eonsnrutioa bg any maada.s eoerce the appynting
power. Tbs Legislature may may act as Il may
seen beat TAsre j. by which you can conpei
Legislature 70 discharge It's daiies but Il he legislature
nas a. ~ would 3 dssaass 20 & s % s
Fofafy Appoiumsnt tui the fling the vacancy Moth
vacancy"
MIR. PHELPS trust have now redeemed myself
from The imgutasion o! advancing any doctrine ia
this body II the remarks Of The several senator's which
have been read BY my colleague DO moi sustain 10 the
view which have taken Of this matter have only ossy
MAJ faSap, @ s as y oSa .ss undrIsad,ng q 1s ms
this subject | may be permitted to remark however,
that on that occasion the same views in substance
expressed by Mr. Downs, then senator from Lonisians
and very fully explained and endorsedby Mr. Under
wood, the late senator from kenucky, BY Mr. Bradbury,
OF Maine, and BY my friend Governor Baldwin. Of Con-
neclcut On that occasion less than zine senators
adopted the construction OF the constitution Tor which
now contend and declared expressly that the limitation
contained IN TIE words un tie next meeting OF the
Legislature" did not apply 10 The duration OF the Office,
bui 10 The power oil the governor to make appointments
Sir at tins view Is beresylf " violates the spril OF
the consution-n u touches the organization of the
government and shakes its pillars, have only TO say
lhat il 10 beresy which did not originate with me
may be permitted TO add. after the comments which nave
been made NOT IN the klndes manaer IN the public prints
wnch have witnessed, IN respect 70 my 1e,ensions
here. that in claiming lhls floor followed the
opinion Of the distinguished gentleman whose remarks
nave been qaoied-
Now, SIR On The occasion referred 10, who expressed
any different views from those which have been reads
.i ieli you The late senator from Massachusetts MIR
DAVIS. expressed opinion thai the adjournment OF the
slatue al rs next after the appointment
minated The Office bot upou The strength Of his own
construction OF the constitution. but upon What be under
stood TO have been The decision the OF Mr. Lam
man. We all that Mr. Lanmans case involved
40 snch point The decision OF MIR Laamans was
that has appointment originally voia-ihal the gov
eor OF Connecticut had To confer upoa hi "a an
appointment no, within hrs jurisdiction. and that be was
no therefore, entitled TO seat al all. How lhat be
made TO bear upon the question Of the duration of ies
mate appointment, HDabie TO perceive
Mr. Berrien, the tIs.ing ui.bed from Georgia
did advance opinion similar 10 that which has been
expressed By The honorable Chairman oil the Committee
Oh The JUDICIARY on tBe pesen occasion Sir, enlo-
GUM has been passed that senator I an the last |
man on earth. 10 deiraet IRON IL II was my good for
tune 10 be associated with iha, distinguished gentleman
IN this body ior many years and The result OF my OBJ
rervanon OF MIN Bsn prepared DO homage to bis
dsiang seailemAn ior the parry oi bis heart and
The rectude OF his life accompanied and adorned as
they were BY The brightness OF his ClrslIzn virtues.
But. sir, niaibiliy is not attribute OF humanity.
dti,uundo dormia Honerus The ablest mlnds are /
sometimes mlsed Tie conclusions Of The wsesi are
nc always 10 be uusssa Although tha dssl,agsisAed
senator advance the ea hat the limitation did apply 10
he uEoe, and dii apply ~ TIE very OF
the session o ihe State legislature. sll yielding the
lotce Of prscedenl he seqnesced m The construction
which bad becI placed upon the provision upon which
4 commenting
Wbo else IN if4 debate didered from the views OF the
gentleman from whose remarks my colleaxa ae has read
An kGn0rS NOuth CAro-
lna Nr Rheu) insisted that the ptscedents all
wroax HIS Of the maer was, thai the Limitation
did Apply 10 The othce, and hal the night oi
beoi under executive appointment ceased a, the Hoen
when the legislature OF hs State in concion 10
act. agree with that gentleman, that IL the limitation
does ay TO The oioe he vas right IN csscxrdnx the
pFeeedents for. sbsi eneeavor show before get
through, The practice OF the Senate utterly reconca
bic wi,h this construction OF the clause
Tba.ss the u hole ia bale thai believe
have sdser,ed 10 the views oi every gentleman wto on
thai occasion expressed hrs views the Senate There
ddBoslsy 40 thai case vas ihis !, was not whener Mr
Winthrop, who had occupied the seal, could hold longer
or shorter II was conceded on all hands that when Mr.
Ranioal elected, and had accepted the office. the
Senate notified of his election, and the night 1
OF Mr. Nlnlhrop vas terminated The question N
that case sax ihs ihe Credentials OF MIR hsnioa were
presented whe ne absent, aac the point whether
the seoaie eoald prssaHs ha sseepaao OF the Office
The opinion oi the Committee the Judiciary that
they could. in due time Mr. Ranioui cane
Mr. BUTLER There a fuiher fact in that case L
which relied on by some persons who took part IN 4
the debate AT the time of Nr Ranioul's election he
absent from hassachusrt,s, and said be had
not been consulted. The question was, wheiheI the
reading Of his credentials sufficient TO allow
The prc-umpnon OF acceptance
Mr.. PHELPS l1st 80; and the Committee The
Judiciary expressed The opinon. with which the Senate
seemed coBcur, though there 20 vote, that The 1
reading Of ae ceeen~ls raised presumption Of Hecss-
fecoiec very vel that The disag sshed ses4lor
from Kentucky, Mr. Cisyl 10 lnsi debate, dissxrec
with the comnlitee on that point
Mr., BuTLEk. To some extent
Mr.. PHELPS That. however, ~ matter which u i
no; material 70 the present discussion That debate the
hssi which have recorded upon his subject II rsa-
temeu choose 10 debates in this body sxesn
aiory Of views, think bare In thIs instance, rs
occasion Of his debate IN respecs 70 Mr WlnthToys
sat- isii And satisfactory explanation OF the
Of most decided majority OF lhe body In
OF Mr. DIron simar debate occurred. ard similar
views expressed TO the Senate, and ihis body was
then drves ai-card the which hoBora
senator froci North Carolina fMr BAperRl con I
tends.
Nov, st. as The neIi step The OF my srgu-
gument, wrl advert 10 what the Senate has donenoi
what have said merely bat 10 the decisive
OF the Senate First Will refer TO the mach moot
ed Of Mr. Smith, OF Maryland Here sei ms r.wxrk
ina, honorable from Delaware. uho
extensively and ninaey he resaa of hs invs-ii
gallons. ths probably faed 10 discover
that Mr Sniih, of Maryland, addressed letter
the Pres denf OF the Senate staag that The bed
convened the Legislature OF Mar land 10 meet ea The
.spag hs OF jane, add desiring the oec.soa Of The Sen
the question whether he could, snder ihuse
cifesms ancestbe legislature being IN sesson-lesxiy
retain his the Senate Toe letter acted
upon nnu toe Glib of Jane. xbsn the sex'asasue