The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-01-28

been apparent 10 the iraneIs of the constitution, from
tha construction, that for long Time there would MOI
be lui representation in The Senate We are regard
inns question as though country were in precisely
.ue same condition as II was al the time OF The adoption
OIL me constitution and BY that means we shall get al
l9e aesxa the thought and the intention OF the trainers
| OF the constitution.
By that Interpretation, as have said, you Distract
the public service you have your in commits.
sou al all times. The Senate OF The United States will
not then be composed OF two senators from each State
az is provided that II shall be. 1t haH be composed
OF Two senators from each Sate toe language OF the
constitution and the power given. created, exist
ence, which is at all times eapabe OF sending senator
mere. u DC said that the Legislature is not always IN
session, the executive OF the State has pefpetuiy.
exists Ioeve from one year TO another, and the
i've is prepared at all times to I'LL the hiatus This
wooid oe The harsh construction, although il Is the one
snatis contended for by some gentlemen II is not one,
SIR That II IN accordance with the spirit and the nlen-
ton OF the trainers oil the constitution /, cannot be,
repeat They designed, and their instrument designed
that we should always have full Senate; is evident
rs IN lis declaring that il shall be SO; and second in is
providing TWO MEANS oae Of which is always in exist
ence, 10 keep this body tu The public convenience
derent construction, and would not be served by thai
construction.
we lake The milder view And have any precedent
taxing the view Of il which the committee have taken
What do we dof We promote the public service we
carry out the spirit. and live up the very letter oil
tue constitution, as near can, that g the Senate
shall be composed oi two senator's Tor each State. The
senators always in commission and ready for public
bound by The pIecsdents OF the Senate would BY the
precedents in the adjudcaed before the highest
legal tribunals, still they are entitled to great consdea-
lon and 10 great respect. The Senate have heretofore
interpreted this clause OF the constitution the
mitiee have interpreted il now and upon than
OCCASION II The other construction prevails, sir, at the
meeting OF the legislature the senator here from Vermont
Mr. PHELPsl loses his seat The Senate OF the United
States has unormly, in twenty, thirty, forty in
stances, and more think, given the construction thai
the Oce does not terminate upon the meeting OF the
legislature. In the famous of Smith, OF Maryland
in the Senate the 9th of June 1902 the Senate passed
the following resolution Although the resolution has
been read and re-read, still, applies TO this
will read it again. The resolution passed after a
full and complete consideration
''Re.ofrsd, That the Hon. Samuel Smith, senator ap-
pointed by the executive of Maryland to fill vacancy
which happened in the office OF for that State,
entitled 10 hold his seat in the Senate of the Unlisd
Slaes during the session of the legislature of Mary
Land, which, by the proclamation OF the governor said
STATE was 70 convene on tho 5th day o.he present month
OF June unless the said Legislature shall fill such vacancy
by the appointment OF SENATOR aud this Senate be official
| ly informed thereof"
read this, sir not because il is resolution that fully
covers the case OF The honorable senator from Vermont
but because II is the deliberate judgment of the Senate
and was fully understood that the Office does iemi-
nate upon the meeting OF the legislature That the SEN
resolved and reresolved dozen, twenty, forty
and l do not know but Ia hundIed instances, when
senators have been appointed 10 come here and hold Their
seals not only until their legislatures met but until
cessor was elected and had come 10 Claim his seat
Sir, 4 occupy precisely that position. l Came here III
lslh day OF January last the middle OF the session
/
governor OF the State 10 oil the vacancy occasioned By
the death OF Governor Whitcomb; but the Senate did
not Propose 10 turn him out oil The Senate soon as II
was officially known that The Legislature of my Stale had
told that are compelled 10 lake official notice
vi the meeting OF The legislature, and OF the adjourn
ment The adjournment IS matter that caprice may de-
tetmine but the constitution aud the perma nent
which each Stale determine when the Legislature
shall meet | need not refer TO my own instance In
diana has bad two or tiree similar Instances RoberI
Hanna having been appointed BY governor in
L elected M
come until three or four months afterwards. la many
Cases gentlemen have been elected senators while here
hiiing vacancy under executive appointment; and
they have connued TO mold their every sing lie
instance, in at least hty cases. which the Senate
tue United Siaies gave The same construction which
The committee now give TO IL. thai the office does not
terminate upoa The meeting oil the legislature.
Now, what else can we do This s the mild, the be.
90, the bengnant uclonone calculated pro
mole the public service and not TO injure H. Where two
constructions can be gven care not whether the bench
in legislative body, The detrimental to the public
service and ihe Other pfomouye OF the public good and
Such sir, has been the Judgment OF the Senate hereto
fore
The committee think that they are justified in coming
TO this conclUson, because IL seems justified by the
language OF The constitution selfit being subject two
constructions Tney have the precedsnls OF Senate
ov,f aud over and over again idle 10 say to melt IS
mockery-and ] know not on what pathological prnc-
pies you that meeting" means end - or ilat
may hold sea, during the session OF the legsla
ture, bot when the leg satare adJouDs he also ad
loufn. suppose and walk out. There is no power 10
give such construction. II anything terminates the
Office all bat the hng OF the vacancy by the exercise
OF Tue power OF the legislature, IL erm0aed upon the
meeting oil The legislature The committee have very
trileiy SAID IN their report that you cannot construe
" meeting 10 end" dissolution, or adjournment
In giving The construction that have TO this para
graph OF the constitution, think that ilstihed
II from the reading OF the ITSELF The pTecsdenis
and the construction gwen by the Senate salsy that
i s promove OF the public service, and that il is not
detrimental 10 H. Sir, have pursued the subject longer
and nrher than had intended 10 pursue IT, designed
entely TO leave II TO the consideration OF those who feel
lneIes, 10 IL than do and who are perhaps abun
dainty better able to discuss it do not wish 10 detan
The Senate longer.
Mr. BUTLER II is not my purpose 10 take promi-
nent part IN this discussion. The question before the
Senate resolves Itself into very smple proposition,
and, ihnk, Will not be very much improved by ampica
oD and dis usson The papers upon your table disclose
the fact that the committee were divided MY friend
from Delaware Mr.. BAYARDl and myself differed from
tue majority oi the commree have placed nv reasons
IN ~fung and do not choose, least, 90 fully
into ihe subject may resiae my in different,
form hereafter but the stale Of my voice will not allow
me 10 do II present; do think it very desirable
think tbe senate will obtain very intelligent view OF
ihe subject by reading ae constitution and the prece
dents Know That my friend from Delaware il very
iuly prepared TO speak upon the subject and therefore
Seld he hoor to him to conduct the discussion in reply
TO me senator ftom Indiana, Mr.. prFrn.l
Mr. BAY ARD. Before proceeding TO the discussion
OF nus question, differing as do toto ono from The aen
atoT from indiana who staes the OF The majority
OF ibe committee, | should like to know whether the
special order 10 20 into executive session at two O'Clock S
10 take effect IL so. 1t would cut ot the debate even be-
fore could conclude my remarks and | would much
prefer that the discussion should be postponed.
ar. BADGER ] would sugge.t to The senator to move
10 postpone lnis subject sn another day.
| anil that, gl,l