The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-30


mcncoment and the end Of the term fixed by the
tulcn itself and utterly beyond their contreL Now
The constitution intended by this particular upon
which my friends right TO a depends to provide that
they might indirectly have senator here holding year
10 year, when they could directly and
do any thing but elect him for a senatorial term
My honorable friend referred remark which made
that this provision Of the constitution, deyoying upon the
executives OF the States the power Of making
70 this body under certain circumstances was intended
provide for necessity that il sprung of necessity
mar u ended with the necessity of which sprung and
hat poth the power and the appointments which made
by the exercise Of the power ceased when the necessity
ceased And my friend says, il ess necessary that Yer
mont should be represented than before tho meeting of
her leSislatnre' Certainly not; but with deItery OF ar
gument OF which no man Is more capable than my friend
he takes the word necessity from the application IN
which used il, and applies it TO another and different
thing The constitution did not suppose that II neces
sary that State should be represented II supposed it to
pc Important supposed to be desirable supposed 1t to
be fair and just every State Of the Union that il should
have its full representation here The necessity which
referred not the necessity Of full representation, but
the necessity which devoved the power Of appointment
upon the governor in order accomplish thing,
itself necessary, but desirable just advisable and advan
tageous What was that necessity 1t this: Under
the constitution the power OF appointing vested
in the legislature and nowhere else but if vacancy hap
pen in this body by resignation DEATH disqualification, or
other unforeseen evea the legislature not being session.
the vacancy is to be filed the must of necessity be
put somewhere else. That is the necessity II is the
cessy OF deyoyng the power upon the executive which
necessity arises of facts first that the vacancy
could not have been oreseen and secondly that the Iegs
Ature is not in constitutional condition and, there
FORE those two things concurng, the constitution gives to
the executive the power of making temporary appoint
ment the comforting Of the power upon the executive
which results from necessity That the necessity
which referred and 10 which supposed everybody under
stood me to refer
MIR. PHELPS. certainly so understood the senator.
xMr. BADGER Then, when the legislature meets; when
the legislature has been full capacity its APP
propriatc and peculiar power when the legislature after
whole session, has not exercised that power ask you if
the necessity for the executive and the executive APP
STAT hia nat
Where is III Had the Legislature been in session, man
will pretend that the governor could have appointed The
constitution never contemplated such But upon the
argument of my friend from Vermont make good and
available on this particular he show that it, when
the legislature is in session. member ofths body Dies the
governor cannot appoint but that he can If the legislature
adourns without filing IT, Is there justas muck
city that the State should have her here
would have been if The vacancy had occurred before the
legislature met and during its ecess Certainly but the
necessity for comforting the upon the executive in the
case have supposed did exist The legislature being in
session, competent to II the appropriate APP
pointing power II the original depository of the pow
err is IN effect appointing power the proper con-
suency Of the members Of this body Well them what
olows' If the constitution did that body being
IN session when the vacancy occurred that the governor
might appoint if the body did fill the vacancy, he
might appoint afterwards, this ncontesaby results that
when the constitution gives to the governor vacancy hap
penng during the of the legislature the power of fill
ing IT. nasmuch as isa power given to him in consequence
OF the necessity which existed deyolve elsewhere than
il the legislature when that legislature the original fall
penary depository Of the power and dourns with
out elecng the whole power and all the appointments de-
pending upon the power, must necessarily expire.
Sir, the this subject examined the clearer
become, We may ourselves from any inquiry to
whether the limitation upon The appointment the power
OF appointing by the executive In either case, nd
Gated before, It is power conferredt is right of sitting
here conferred The score Of necessity the regular APP
pointing power not being in capacity ac and when that
power meeswhen that power has the opportunity Of
inghow does happen that the governor of the State,
the appontee of the governor shall proong the power of
appointment, the sitting under the power of appointment
because the legislature has thought proper do its
duty The legislature is responsible the governors
the legislature responsible appointee II is
composed Of the immediate representative of the people
Of tha State II they fail to discharge their duty they
resPon ,be that people II they fail dschasge their
be ans 'ebc, IN point of conscience, for violating the
duty they the constitutions but that neither prolongs
the power OF The governor nor nages the time for which
his apponice sits They defined by the constitution
They spring from necessity ana with the necessity they
must end IL there could be any doubt Of that the
quence which have mentioned resulting from the opposite
Interpretation, which every who maintains that
probation is obliged to maintain, that the legislature OF
State can convert the members Of this body into tenants
from to year, holding at their WILL instead Of the
stituiiona term, must think, prevent from adopting
that Interpretation.
Permit add one further remark 1t has never, /
believe sncc constitution operation, been sup
posed that happen this body and the excc,
tive does not I'LL H. and the legislature and dourns
without filling IT, the could after wards fill Il and
why notl five go into the regions Of speculation TO
ascertain the existence of power, il say is
ccssary that thus body should be full and il just
the governor shall have the power he will have in tina,
well in the present bu, il confne ourselves to
the provision Of the constitution it appears that the
whole matter rises up before independently OF mere
bal cricism although that may aid the investigation TO be
clearly this The constitution says each State shall be
tied TO two senator's to be elected by the legislature OF the
State for six The famers Of the constitution knew
that the legislature Is body which always session
not always 10 condition its constitutional DO W.
ers and then II naturally occurred, suppose dies
rcsgns the recess governor shall have power
TO ill the vacancy until the Legislature and has OPP
portunty OF filing H. That the whole natter what
an Interpretation II TO put the constitution, that they
meant TO say that appo nted by power conferred
under the existence OF such necessity should continue to
hold perhaps for i've upon the successive meetings
and adjounmens of the legislature because that legislature
had fscd to discharge duty which the constitution i'm
posed upon IT, (Which shall then I'll such vacancies
The constitution acted upon presumption that Icgsa-
ure OF State of this Union would discharge cons
uonsl duty. The constitution presumed that the duty
would be discharged Tho constitution supposed that el
that would be necessary make provision for
who should hold tho until tho legislature could m the
vacancy.
In exact accordance with tho which have taken oil
this subject, far able understand it, has been
the whole action Of the Senate Until the next meeting
Of the legislature which shall then fill vacancies
have heard argument displace the proposition which
build upon these words; (Which shall ihen'-at that
ine, At that meeting" l such vacancies That defines
what they meant by meeting" They meant session and
you say That the legislature bound 60 nsfan when
isoganIze1 TO nv ths vacancy; IL has the next day. or
inc third day, or the fourth day. has the whole scsson
that ~ beyond all dispute II the word means the frs, com
ing together Of the members yon make The
rr,r. ulN n, -. -