The daily union., 1854-02-26
The question In tho Case Of Mr. Pneips.

the favor send and II that is fair and full exp posi-
tlon Of the argument his side OF the question:
reason Whatever change my opinion The point in issue
Is be settled by construction and hence il becomes
say in the first place settle the rules OF
thar should govern And suppose will be denied
that where the import of tho language employed is clear.
distinct. and anequvoca other construction is all
admissible. IT, without doing violence the terms
poyed they may be fairly held import either of
things then that construction should be adopted which best
ehecuaes the object intended be secured In giving
TO taW, the afeaito of the legislature Is
doubtless entitled. in doubtful cases, very considerable
weight But n regard provisions the ques
tion is much what meaning in the mind Of the
famers as In those who adopted and in the absence OF
any exposition given the time, this last be pre-
sumed TO be what the language employed most naturally
imports and what tends eHectuay the
object in view If that object be clearly revealed In the
in question: the intention OF the trainers OF the const
tuition entitled weigh just in proportion it proved
fairly presumed that the people, in adopting the clause,
had inbibed and were actuated by the same ntenon
As to precedents, IL seems that they all to be
thrown OF the question: for there is that touches
the pon, issue. If am greatly mistaken IL is the
uniform practice of courts and OF legislative bodies
ing in judicial capacity, limit their decision strictly
% the point presented for adjudication The question in
Mr. Smiths was, is he entitled hold his after
the assembly the Legislature whose duty ii elect
senator 10 fill the vacancy which he had been filling under
executive appointment and this question decided
the Affirmative but whether or not he might in possible
contingency, continue occupy the after the
should have adjourned, left wholly undecided-and
that for The besl Of all reasons viz because question
raised and does appear have been In the
mind Of anybody Why should il be II was certainly to
be presumed that the legislature would do their duty as in
fact they did. They chose Mr.. Smith fill the vacancy
during the residue OF the and the question now
to be decided never up in the of Mr.. Smith,
and Of acted on. Suppose that
then in Maryland, in Vermont the legislature
had adjourned without choosing senator, and on Mr.
Smiths presenting the question raised by Mr.
Phelps the Senate had decided that he might continue
hold his seat: would that have been the sR
degree, inconsistent with the previously adopted
Clearly not. The first simply decided that Smith had
right 10 retain his seat until The tegase should sec even
though that should not be until the very last hour of the
session-which was then supposed the whole
groundnnd if aterward the question had been
Is his tenure Of Office limited by the adjournment of the
legislature, that legislature having chosen his
they might with perfect consistency, say no; and the two
decisions, standing side by side would clash a single
point 1t is, therefore. ia that ia the reoIu
on adopted by the Senate the OF MIR. Smith
there any decision whatever, either by implication or
Otherwise OF the point now for the first time raised Mr.
Phelps. That is an open question before mooted ;
and in view OF the precedent now to be established per-
hap for all coming time, becomes douby important that
il be decided on its merits
And if vacancies happen. by resignation otherwise
recess the any State the execu
tive thereof may make temporary appoinme MS until The
meeting OF the legislature, which shall then fill
vacancies"
say whether grammar and philoiogy pabe of
ting anything, the word unt there ployed does
distinctly limit the duration Of the power Just before
conferred, viz that of masrng temporary appointments
This then, the literal construction Of the clause that in
the Legislature of State is in ono
of the United States from that State vacaes his
seat the executive of the Stale may fill that vacancy at
any lime previous TO the assembling Of the legauebut
after ,ha because the power then In the lee a
ture which may its pleasure ,uperseds the appoints
made by said executive To have extended power
OF the executive opport beyond that period, would
been conflict Of jurisdiction aud. the other
hand limit the Of office of appointed
by the executive, r necessarily piled by the other
would be to make the clause itself effective
defeating its object It's sole object Is provide easy
and expeditions mode OF filing vacancies Had IL NOT
been deemed important that vacancies shcnd be hled,
would any such provision have been made And will any
gentleman inform me why II important at first that n
cancy should be filed, is equally important that 1t
should continue to be filed
Bat is said be very plain that all vacancies were not
nded be filed, inasmuch provision is only made
happen during the To that my ply is
provision for all other opposed be already
made. Tue State legislatures were in all other cases
empowered TO elect in order that their States might
not fail OF their fuil quota OF representation in the United
States Senaei and that any State, through
would ia exercise couddcd to it solely for its
own especial benefit. was not to be presumed
But Eavely said that. upon the con-
tend for appointed rpressly to f vacancy oc
curing term, aud that only might hold on not only
till the end Of that bu also into the term and
perhaps quite through IL That is say senator can
be allowed to fill out entire vacancy, which he
pressy appointed to fill, there IL why he should
also h another vacancy which he appointed
NIL And yet this is fair specimen of the TO
which gentlemen driven In endeavoring to coniure
up objections and difficulties in the way OF construction
which Is only harmless and critically exact but which
secomp.he.. other does can the object intended
10 be secured
A, to the apprehension of the legislature, absainng 10
exercise their power in view Of the apponee ng
hold the seat, have but this short Is proba-
be that in the legislature would either prefer
that the incumbent should remain in Office, that he
should not In the case, they have but him
and In the otker other iadsdna and all ground for
alarm would cease. But suppose holding under
executive appointment should and then continue in
place 10 the end of the what mighty harm would be
likely grow out ofuf II seemed, time TO b. the
Of the convention thai should Away. be so
pointed. And any serious and IN collision.
between the Stale executive and Legislature growing out Of
construction and practice which accurately limit and
defines the province of eech that convinced is the
last thing to be appteheuded The right of being repre-
sened 10 the United States Senate Is State right aud IL
would be strange indeed If State iunctionses whether
siave executive, should consps any body to
defeat the State they represented of proude pre-
rogauves.
II the claim of Mr. Phelps should be allowed the State
OF Vermont viii continue, has been be fully repre-
sencd snd what beneatis likely re,ut from deprvins
her, and other States similarly situate oil that right am
utterly unable to divine.
The Illinois Legislature.
ielegraphic despatch from Colonel Der the eff
cen postmaster al Spring field Illinois, announces that
the senate OF Illinois hy vote of fourteen In eight have