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

Carolina which seemed have been sAtisnaay 10 nAln-
self confirming Original ths sotJoo
4 depends question whether shs word hens va ia
scceptson be coassdered meaning
ater~aEds II Il cas-, there - an end msy say ~al
al due respect the honorable senator's Argument How
thIs 1rs tss shall be done
add ihea that Sr. lei ask sheher question Of nis
practical character Involving the practice Of lhs body aud
the construction Of the consltao and involving perhaps
the capacity OF his body ACT flor II gentlemen ~l lock
70 the debates the subject al Inc une Of The formation
81 the constitution they ~l perceive That that
the considerations which lnAuoEeed the 70 be
made depend upon criticism equyoeal te criticism
Of the honorable senator upon the word then vii net
however, pursue thls point further.
Now sir, IL NE dispose Of the limitation tina clause
the for which contend and then
10 the expression (which shall then fn such vacances,n
must be admitted think, al Hands that II there be
Limitations involved 10 hiA expression is naiAlloe
take effect when the Legislature have acted Noahing
than ms apprehend be made Of IL is diree-
ton 70 the legislature 10 sapersede the executive appoint
ment When they have acted they have superseded III and
until hey do sci, nothing be found IN this
expression which val terminals the Office Of the executive
appointee This position need debate length It's
clear think that being the duty Of the legislature 10 act
order supersede the executive appointment thai
ponment does not terminate until the seon Of the sg-
Another position has been taken upon which honorable
gentlemen have relied with great confidence They have
under ceases Now If the office OF seraos here under
ihs provision Of the constitution, mere emanation
from the power Of The State, if delegation
Of that be exercised by the deputy Of The governor
there is no dout thar whe the DO governor o the
State the subject the power Of has deputy would
But sir what il the Office Of senator? IL ~ an OF
fee created by the constitution; and The moment the eNecu
tive Of Stale makes appointment the aFpontee ~ as
independent of him all he had been elected
by the legislative power Of the State Can The governor re-
the gentleman whom he fl place seat hsres
Can he supersede him Can be control hmm Or does the
person occupying here occupy the representative
of the power Of the Siaef No, All that
the executive has do with make the appointment
ard then the constitution defines the duties and the powers
Of the Office
But sir let as APPLY argument, which understood
the honorable from Dea~are Mr. BArAKp 10 use
his speech and say Of itself sufficient an relation
10 this question. Lei admit for moment that the night
Of sitting member, coming here by executive appointment
CEASES with the power The Stale The
how long i his term OF Office The moment the
Of State makes the appointment his power - ex-
haused end forever; and # we are TO suppose
that any analogy to the case Of dePustaon NE olcs ae
terminates xhen the power Of the governor exhausted
only say that the office Is stborn' and the term Of Of
zee is ylartum eHlporls and nothing more.
Now do not gentlemen perceive that this position, that
the right Of the sttng member when the control
Of the Of The State ernars makes that
else Of power utterly migratory flor the member ia
yew could take his seat before his right 10 would be
terminated This is Of the positions taken by homer
able only satisfactory 10 themselves bat
position which should to satisfactory others Is 80;
Does follow that the appointment thus nngaorythat
with the Of the power winch makes
IL that may be SAID there IN the executive
of the State dormant power be exercised upon another
II should be necessary THAI the power there,
bur lie exercise forbidden except csrtSn
IL.
tive Of the State cease Why can only When the
constitution be the law Of the land and before
Then any point Of vew IN which you may regard this
matter, II strikes clear beyond argument and beyond
doubt that the right Of Tie sitting member here does
depend any upon the control Of the State
him his Office after he appointed On
this suhiec permit advert opinions expressed by
honorable gentlemen former occasion | understand
their position be- thai when the Of the
the right be SERVED from the executive appointment
inmates aso On the 5h Of Februsry lo5l the hoRorahs
chairman Of the COMMITTEE the Judiciary presented
report upon this question. In Il ne said Your
Of opinion that the sitting member under executive s-
poinment has right to occupy his nnl the vacancy
shall be filed by The legislature Of the State Of which he
daring The meeting thereof That limitation
shall have refer hereafter But here Is The
poslou with thai qIafcaoohar the night OF the sitting
member untl TIE vacancy shall be filed by the
legislature Of the State.
Nov DO not "a admit that when that Legislative body COZ
venes the power Of the executive ceAscs' And do
al know that thai legislative body may be session for rx
months, for year. you plsSsei How thsn Tins
posicn be sustained the face Of tie position Deliberately
taseu By the Committee the Judiciary he OF Mr.
Winthrop We all understand what The question N
that Nobody then doubted The position which have
read except remarked the other day. three gen
demtn, advanced then the doctrine vheh advanced
nov by genteen- To the great of the senAie
the position which have read perfectly satisfactory
Those who doubted correctness, sth solitary
cepon, yielded the 70 &c Of the pFectderis The Sub
ieet which had adopted different construston. wha
the difficulty theni The dIeulty vas, thar
known that The person whose credentials presented
here had Acceyled the Office The q opin
that the Senate could presume bis acceptance from The
reading Of has credentials Others q opinion ha
such presGrntf could 10 made The inference b
drawn from this On The one hand II the Senat,
could make that presumor he vacancy filed and hs
right u MIR. wnthrop ceased and he other hard,
the could make that presumption, the vacancy
be regarded filed, and Mr.. Winthrop was
still eutITied 70 hrs
The main prncpe Involved the repor r. the COMMITTEES
on that 0eAEgn thai The mere omission If the legislative
bo1y does terminate he night or The sitting
Der bet the hon0rnls senator rem Souh Garolna Us
H. his speech he uf the postr, bu
the existence q the legislative body shoh tiate'
the ofcs Ho~ FAR that honsrabc reconcile h
news thar oczasiou wnh his noE, for ID,
say choose can, bod y the opinions expressed
notony ~ mys,h bsi BY The Juday Cor raiios N ha
Bai, az, hos docs The hoporsse senator a.
aIsnE resoncng lis posIon thar occasion and o.
ths3 He admits that his present position, that tbf oos
terminate wken The apo uilnE power ceases musi
BE subject this limitation Qualification: rAi he ocs
continues through TIC Whole fElssve session. Nha thcn
he hoaorBbe ssrators possni u ihs: TIE poser
he viii th. 81 The legisln-
tive the right 81 - sitting member thai
tn. bat i docs cease until ssr that peraad The dr.
fzay Wuh he honorable sansor quAha "a that
aenles aad iDconrsent with h propagation and
instead q ~ ruslung IN the 81 the oce u the
sitting member at ne time when the g,versors por,i
res ~ Cuying tbs; the right ~ the sitting
her conina alter he The mater has
ceased can unaersnd rtry all poaitisn taken xlh
qualifications and lnsfons BIT hou yca amt AM
qualify proposition by a. h5so.ue GENIAL o. ~ : or 9r
{ q oEic Which Do not choose Dis -uss.
We havt, IT, he rtpon the cas q Mr. Winthrop No
lea thar tweHyhree giyrn down he PERIOD wher
that report made l-5i, sho1ng Ire uniform yfa
81 TIE SENATE conformity wlk What erNtand