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


words OF limitation apply appointments. and that they limit
the Of Office TO the meeting Of the legislature and
such the form Of many commissions which been
brought here under executive appointments And the dis
which have occasionally this clause OF The
constitution have turned not much upon the proper
ference of the restricting words upon the import Of the
word injecting" in that connection, which win presently
define, according my view OF It's true Interpretation But
apprehend upon careful and critical examination,
fall be satisfied that these words of limitation
in this clause the constitution apply exclusively the
pointing power and the tenure Of the appointment The
surely and the executive controls the
Of his appointment The executive may make temporary
appointments Only when vacancies happen during
the recess certainly How often may he tempo
rary appointments just often clearly vacancies may
happen during the He may make, single APP
poinment only but class Of appointments successive
vacancies may happen during the How long may
he continue make appointments in of vacancies hap
penng in the recess Until the meeting evidently, and
longer for otherwise you bring two separate and dis
unct appointing agencies into conflict Why the execu-
tive authority limited happening in the
Clearly because If they happen during the session. the pr-
mary original power is then m condition to act and fill the
vacancies. For the reason the executive has no
authority fill vacancies happening during the
unless he exercise before the meeting of the egsa-
ture The secondary authority is restricted to the absence
of the primary authority IL IS restricted to the period OF
time between the adjournment of legislative session and
the meeting Of the While the legislature session.
from its meeting to It's close is con-
don act and being the primary authority necessarily
suspends the secondary authority Win anybody pretend
that the executive authority extends beyond the next meet
ing of the legIslature' l venture to say not.
What, them is the import of the word meeting, as
used in that connection! Most clearly signifies the
venng the coming together the very OF
ganizaton Of the session To give it the Interpretation
which has been often claimed for IT, synon ymous with
session. comprehcndng the whole period Of the Legislative
term unty-fincum temporis, point of ume--you
necessarily carry the executive authority with i through
the whole session for that authority being limited to the
meeting if meeting session, and the whole OF
the session. the executive authority lasts par assu through
the whole session position which presume nobody IS
Al ,tnd efu
And nowhere else in the constitution the meaning used
in any other than that which have given now II
twice employed in other connexions the same article OF
the constitutions which will read In the sd clause "a sec
ton of the 1s article this The actual
neraon shall be made within three years after the first
meeting of the Congress of the United States, &c and IN
the I'd clause 4th section. of the article, il reads
The Congress shall assemble at least every year. and
such meeting shall be the first Monday in December
meeting there Is it the assembling the coming together
Of Congress that shall be upon the first Monday in De-
cemberi
And that is not all, Mr. President. The other term,
" session., which is claimed by gentlemen synonymous
with the term meeting" is used in its appropriate
comprehending the term dellberaive body That 10
used in three instances only in the constitution In the 4th
clause, 9Th section Of the LIST article this
" Neither house, during the session of Congress, shall
without the of the oher adjourn for than
three days. any other place than that in which the
houses shall be sitting" Neither house, during the
session of CoGessnot during the meeting of Congress.
Again in the NJ clause 9Th section, of the article
speaking OF senators ana representatives, lhcy
shall all cases. except treason felony and breach of the
peace be privileged from arrest during their attendance at
the session of their respective houses and in going to and
returning from the same" They privileged from arrest
during their attendance the session of their respective
hoIsesnot during the meeting of their respective houses
Again in the Sd clause I'd section, Of the Sd article
The President shall fill up all vacancies that may hap
pen during the of the Senate by granting commits
sons, which shall expire at the end of their session.
NOT at the end of their meeting So that you will
fnd wherever these meetingn and session.
I'm theV m I'M
wel-dehned, and different senses; the former being
pioyed designate the convocaon the assembling, the
coming together of deberatve body, and the latter
meaning and comprehending the term of its sitting.
appears 10 me- then to be very clear that the restrictive
words in the constitution have exclusive reference limit
ing the appointing power and the of the appoint
ment. And if | am right in this view, then there is
limitation upon the executive appointment by any words
expressed implied which be drawn from the
tuon short of the expiration of the term unless super
seeded by legislative election 1t is called temporary APP
poinmcnt because Of its indefinite and uncertain tenure,
from lis liability to be terminated by the intervening action
of the legislature and when the OF the
term, when Legislature nervenes still called
porary The only limitation imposed upon IT, short of the
expiration OF the term, that liable be terminated
by the intervening action of the primary power.
1t will be said that the temporary appointment lasts
end Of the constitutional term, unless its primary authority
meanwhile condition act. II, when in that
condition, it does act by eectng senator, it admitted on
all hands that that supefsedes and puts end the
tive appointment But, If the legislature fails 10 elect, how
does that affect temporary appointments Why should 1t
winch puts emu 10 temporary
appointments wanting IL requires positive act of cleo
ton TO put end and If there be election does this
want Of action produce the effect actual election
by putting end TO f Does the failure elect effect
result actual eectioni confess II strikes me
very differently would rather say that the practical
bty Of the legislature from disagreement other cause
to make an election while IN session, just Intellectual
the temporary appointment the practical incspae
y OF the legislature to make election while in session f
II be claimed when the legislature with whom lodged the
primary power, shall fail to that duty which de-
wolves upon IT, the executive step afterwards and
supply thnt omission, agree with that proposition fully
and for the that the constitution has conferred upon
him authority TO act iu such agree also, that IL
yncarces happen during the recess and the legislature
ments TO such vacancies and agree that II vacancies hap
pen during the recess and the executive should omit
until the meeting Of the legislature, he cannot thereafter
make appointments 10 such vacancies, though the
legislature should fail TO I'll them And the clearly
il, that the authority ssysdstincty saystha with the
conyenng OF the legislature the secondary authority then
yielding to the primary cannot be resumed though the
anecedent vacancy should renan untitled by the Of
the legislature Whenever tho legislature has had oppor
uny to perform the duty enoined upon by the
on of elecng their senators either for original
to fill existing vacancy, and fails perform that duty,
the executive cannot step IN and meet the contingency by
supplying the omission
And that the full OF the decision in the case Of
Mr. Jones, OF Delaware in 1884, and Lanmsn in Connec
cut, m 1875 both OF whose appointments overuled
by the Senate. And am not that any executive,
this last decsion has attempted the exercise
of authority 10 such instances. So IN this case; II
ccutve appointment had been made before the meeting Of
tho Legislatures the legislature having failed fill the
oy when bad opportunity, that vacancy must be
noed until filled by subsequent action OF the legislature
until terminated by own limitation But cOnsiut that
the executive appointment previously and consutionsy