The daily union., 1854-02-07

the States. by compact OF the different States. are the
true constituencies OF the federal SENATE
In this coanexlon, also alloS % remark ihst ths
government never understood 10 be democracy
Tor far regards It's original organization, II was es-
senially confedeFacy republics; aud 80 far regards
the character Of this body. Il must be SO II was not
coniedeacy "a which the executive OF Slate, represent
ing the people, nigh undertake 10 make an original nom
aaon. IN which tbs people themselves could make
a nomination 10 this body. This was a body having an
organized constituency, and the Slate legislatures com
posed that constituency.
| do not wish to be misunderstood la the organiza
ton OF The State governments the will OF the people
should be the prevailing element OF control and repre-
sentation that IN the executive aod Legislative depart
menis OF such government the people should directly
make the elections. and devove upon such government
TO make laws and maintain It's relations with Other po
litcai powers. These State governments should be
made the 10 constitute the aon with The led
era government In thas considering them, the checks
and balances OF regulated republic may be understood
and maniained Such, ,hink. vas the understanding
Of the republican OF this great conedefacy
/ The States having agreed that the State legislatures
should make election OF senaors Is our duty 70 require
themto stand 10 their duty and discharge The duties i'm
posed non them; IN other terms 10 maintain The repnb
lican principles OF constitution. What mgut be the
consequence OF departure, know NOT.
The manner 10 winch 1t rs proposed here allows ex
ecui.ye appointment 10 supersede such provision do
not know to what i. may lead. 1t inevitably lead
10 confusion. The legislature ot State may be differ
eDt being, IN political sense from the governor so lar
may reflect the constitutional will of the people The
one-conslllued TO give j, longer existence, and
one OF different responsibility conduct 10 differ
en standard from popular executive Tor the time
being fhe has complicated organization, that
would relieve II IRON individual temptation, TO which the
other mig bit be subjected
have ALLUDED to the precedens; let me now refer 10
he constitution specifically WHAT is the constitution
II this weie new question, lake IT Tor granted that
should decide according 10 the slric letter OF the cons-
ution that The limitation upon The appointing
aud that the member holding his seat under executive
appointment, would hold longer than the meeting OF
the legislature, or no longer than this body had official
lnfliI nj a nnrfi
am willing TO agree that, according 10 a far and
liberal construction OF the inendment of the trainers
OF the constitutional wish 10 consult their will as
far as | Mt may not have been intended. in the
hrst Instance. that ins0ni when the Legislature met,
the Office should deierune that the Legislature. upon
The very first day OF lis meeting, should into The
election OF senator For this reason there has been
a liberal allowance of lime. to give the lesisla
ture the right make The election during the "gng
making 'durlng the sng 10 iuhl the words uniii the
meeilng, &C., and the same as 10 make session and
meeting TO .'at which the election shall take place
10 give the word, referred 10 such an inter erreallon
would but devoiye on The egisaiureon the leg isa.are
instead o tho eyecutlveihe jurisdiction of max ng
senator and il would to me, soon As 1t is de-
yolyed with the simple limitation as 10 tune oil
performing auy) II IS taken IRON the oher, without
The power OF Resumption.
lake this broad propositions that the moment the legis.
laufe assemblies 1t must necessarily resume the original
Junsdeon over the subject; and II Al must resume lne
pngln. jurisdiction over the matter the executive power
is exhausted; and when the executive power once
hausled it Cannot be resumed, il be continued
do say that II depends upon the actual exefon ol
power the part Of the Legislature; but tue very exist
ence oil lis aIsGclion supeIedes all others, and must DC
exclusive. As have sad IN my report, the moment the
legislature nsets the power 10 make an election exclu
siyelS desoises upon body and this be so, the
ecutive power must necessarily be exhausted.
willing 60 very far, and say that there shall be
liberal time allowed Tor the exercise OF the legislative
power; bu the tact tina, u is NOT exercised does not
store exhausted power. Ii the executive power be
exhausted upon the meeting OF the legislature, ] know
no mode By which II can be restored 10 the executive
and cannot be done By any legal nendmen or By any
lair construction OF lbe consultation. The original pow
er The legislature, aud the governor has but power
of attorney revocabe the moment the legsatu meets
II is revoked TO ali nenis and purposes when he legls
laure has The potential faculty OF exercising power
10 order allow il TO continue until the exercise OF the
power BY the legislature during its session. grant u Is
necessary resort, has been said. 10 something Ike
the hcuons OF law, and TO regard The whole meeting OF
the legislature as day as uBI' IKE Tue Term o acour
counting the word re.slou as synony with "neel-
ingtbat Is to say, the member under executive az
polninsn shall hold until The legislature, al its nex
session. shall assu sae jurisdiction the matter, with
the uflher qualification thai during such session IL can
no, dives, Itself OF jurisdiction that has thrown on II All
exclusive responsibility.
ltmay perhaps, gong very far resort TO iha, ap-
parent hcton. Lam sure, however, that j, is
one favorable TO Truth but il yoa DO not give il tha
view, YOU certainly would subject The State TO some o
the objections which have been made here, as 10 no
being luly represented 10 this body. But am not To bt
scduced by any temptations OF that kind TO have STATE
Represented here By my choice instead OF that o the egsa
tufe Construction has no tU minus 10 RESTRAIN us eKbiy
and might sphere, under liberal and friendly
that might virtually, llls DOly the
power ol selecting. II not eteng, senator.
Here may say, by way OF parenthesls, that il il de-
pended upon my choice, and, believe, If IL depended
noon the choIce OF the Senatef they had the power, BY
construction OF making he seeconthe honorable gen
emau from Vermont would be allowed 10 felah his seat
know of no whom would prefer TO see occupy Il
from his State Ii had The choice, should prefer 10 see
him 10 IT, but The power TO make an election Tor the State
of Vermont lodged ~ IL power vested IN
the State legislature by The constitution OF the United
States and | cannot ALLOW any Que 10 come into this
BODY vcep according be mode prescribed by the
.tituou. must shut the gate against all who do not
cone with warrant OF competent authority, from The
only constituency which can recognise here.
Well sir, contend that If the ground taken by the ex-
ecuye Of Vermont be maintained, there is no lint
taton all to the ien OF senator's hodng under
tive appointments. The only Limitation that there be
i he next session OF the legislature during the senatorial
term The legislature its 6rs sesson. might max e
an election The senator would still hold bis seat,
cording The argument OF the majority oil the commit
tee. II might meet second and third lime, and ne
could still hold his under executive appointment
\ II might meet a fourth time, and not make election
and sn ihe could remain here Ii might 90 fur.
iher and according 10 The broad ground which is taken
when there a Term to be commenced, the exec
ulive could supply Il, At least, the old appointment
would n spite OF any objections which could be
made because Il bad been maie, and the legislature
mol having thought proper to exercise the right OF filling
TIE vacancy that stand until the legislature did fill
the vacancy Under this ron.ruciion therefore an ey.
ecuye appointment, which REGARDED contingent and
lined 10 h temporary vacancies, woui be greater
power THAI the legislative power TO NIL these vacancies
That be the consequence and genemen cannot ds
gulse ~.
I have come 10 the conclusion myself that IL ia in