The daily union., 1854-02-12

awy only 10 casual events, and to vacancies arising
from casual events.
Ii YOU turD 10 the proceedings OF that convention you
viii find that the great subject OF debate, of Discussion
and oi struggle N reference 10 the oraanzaon OF nus
body m relation To the equality OF the States IN Their
in The Senate, the duration of The fall
Tern OF senator. and Tie selection OF the constituency
oil The Senate Long sneredsnt to any provision being
made 10 sscancies--heiofe il had been alluded
in the csBvenuonhe main points OF contest bad been
settled and IN that selllsmen The legislatures OF the
States were made tue proper constituencies OF the Senae
The object Of that was, that the States themselves, as
Staies nigh, be brought into such connex'on with me
general government as 10 make them feel deeper and
more permanent Interest in lts success.
Ia the convention there four modes proposed ior
the appointment oil senator's One proposition made was,
that The President OF the United States should appoint
Them another that they should be appointed by the hra
branch OF The national legislature Both were overruied
Another that they should be elected by the people
The great struggle between this proposos and that
which was hnally adopted. Fac difficulty npom inat
point arose from c contest e~sween The email ard The
large Saies. IL feared BY the former that the ne
cesssry result Of eecns senators by the people would be
hat the States would not be equally repfesenled 10 me
Senate. The fourth pT0p0sliion that the leglsla-
lures OF the States should be made the constituencies OF,
and should eec, The senator's and on that question the
vote was unanimons--on the resolutions adopled--boh
in committee oi the whole and IN consenuon before The
constitution suhec,ci revision, aud presented as
consultation by The Committee OF Detail.
Looking then, TO the fact that the legislatures are the
proper constituencies ol the Senatehat they are The
primary powers TO which il the intention OF The con-
delegate the right Of eiecling senator's be.
cause they were supposed best 10 represent the political
sentiments OF The State; and looking also, TO the TACT
that in that convention dreamed ot proposing that
the executive Oi a Slate should have any authority IN
reference To The election OF senaors, except shat OF
making temporary appointments, with view 10 provide
Tor casuasswhen the lesisalure was not IN session
there be doubt 10 the true construction OF The
clause under cnnsiJeiaiion
fon Hd that, IN to the full term OF senator
the provision Is That he shall bold his office Tor six years
and be chosen BY the legislature fhe executive has no
authority there And you hnd further, that the egsa-
tufe Is IN season at the lime vacancy occurs by esgna
ton or oihef wise, though il may not even be known TO
them, yet no authority ~ such is conhed to the
ecuve to appoint Yon hnd IN other words, that within
The intent o te constitution authority over The sub
sct IS meant 10 be niusted to the executive whenever
The primary power Che legsature) is IN existence as an
oIganlzsd body.
am auaFe that al time il was decided that
in reference TO the full term the executive Of State
nigh, make an appointment until the legislature met but
that consncton was subsequently overrued by The SEN
ale IN The OF Mr. LannaB the year 1875 and
since the practice has been uniformly accordance with
the cscslon 10 that and since The OF
Congress under the constitution there has been but so
"a instance IN which the executive OF SAFE has
stued The constitution au horIzing bin TO supervise
and supply the denclency OF legislative action The ap
oinments which were made at early day before the
commencement OF Term only Ia where the
leg siauie had assembled before The term commenced,
and were merely Tor the executive OF the Senate
The question hrs arose 10 that way 10 executive au
horiy IN references TO full terms but IN no except
IN one iron my own Stale, was the attempt ever made
by any executive 10 appoint alter the leg saturs had been
IN session. and declined or neglected to oil vacancy.
The reason OF this suppose 10 have been, that there
was then, now. settled opinion that il not the
intent OF tie FEDERAL constitution that toe executive OF
State should supervise The action o the proper constlu-
ency OF the Senate-the primary powef II matters not
whether that supervision is 10 be exercised under
maiical construction couetrng the power OF appoint
meni, or only proongng The tenure OF office. 1t il, IN
either Case, equally violation OF the evident intent OF
The constitution.
The constitution provides that the gisature shall be
The constituency. IL IL admitted that the power OF ap.
uffHNtl it'd sh.Fa
vacancy happens when The Legislature not IN existence
as an oaanzei body. And yel The aerpt, IN this case,
is SO TO extend an appointment previously made 10 re.
cess, IN ELECT 10 exercise supervision the legls
s,ive action oil Stale, and supply deficiency arising
from the neglect refusal OF the legislative power 10
elsct lha clearly not within the intent OF The con-
sttuon. In reference to the full term, u cannot be
doubted that authority whatever ~ conhded 10 the
executive. The negaton OF power IN any other event
Than when The vacancy occurs IN recess, shows that
was The intent OF the constitution that the executive
merely TO provide tor casualties happening when The
legislative power. which Is the primary power, not
10 existence, and, OF course, could not act
But sir, lei me sgain refer to The woids OF the const
tuition. seems 10 that portion OF us words have
been lightly treated by The majority oil the committee D
their investigation OF he subject is SAID that the row.
er OF appointment alone is limited by the words unl
the next meeting OF the legislature" IL is commended
that those words do not apply to the duration OF the oce
under an executive appointment. In my view OF The
constitution you peryeH tue word uni from s proper
and received meaning II you give that construction the
clause The Limitation upon executive authority TO APP
point Is contained IN the terms IN which the authority
granted. The grant o power 10 the executive Is du
nng The fsces OF the legislature" Suppose The clause
bad read IA this way: ''And If vacancies happen, by
resignation or Otherwise, duung the OF The sla
ture oil any Stale, the executive thereof may make
porafy appointments nd the legislature, al their next
meeting, shall MI The vacancies y would not the meaning
be precisely the same tfat gwen by the construction
OF the committee 10 The clause II stands II,
Therefore, under the construction OF the majority OF ihe
commiee, the words "unu the next meeting oil the
legislature to be regarded limitation only upon
the power oi appointment, The words until" and "and
have one and the same meaning which is a clear per-
version OF language from its natural import
The authority is delegated to the executive TO make
the temporary appointments only when the yscancy hap
pens ~ the Of the legislature and it is therefore
limited ~ the very terms and character OF the grant;
and being so limited Tor what purpose could the subse
quent word "unul" have been used. except TO limit the
tenure OF the ONCE snder the power
Again, Mr. President, what is the natural sense and
must be altogether dsegarGed If the construction OF the
majority OF the committee be adopted The power of
ih. legislature this subject as stated before
elusive its character The legislatures were intended
TO be the constituencies OF the Senate and the power o
che executive is merely subsidiary. II that not So
and ii there intention provide for the deficiency
or neglect OF legislative action, the power would have
been given 10 The executive 10 appoint whether the va
cancy occurred in the any other time, The
to tuil term. II is granted, however, "a neither OF
,hese sgiven for subsidiary purposesimply
TO supply vacancies during the non-exislenCe OF the p
mary power.
The words Temporary app0 0nmenis' n the clause Of
the constitution as think shall show hereafter, when
70 advert 10 the form In which this clause existed
when hrst adopted by the convention, have clear and