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

"a result 70 which xs ca. come a. thsf the Senate
bs considered thai e limitation IN the cs1ss OF the con
,fsu under consideration = limitation upon the
nge poser ts State and upon tss duration Of te
ssce added, lhst recent cAse--thas Of Mr.
winthrop Of MAssarh assEsthis couhrsDeo by
bs senate; not indeed BY to thar effect, bar by
rprss-0n almost universal this hoo- Of
! maj opsaion. aAso adveree The II the
raator from kentaeky mr. DHxosl, where the Senate
vsrs brought anayoadaby 70 decision Of this precise
question
m he limitation question be Imation upon the oAcs
ar commission be admitted thar the laton 70 be
earned into effect prciongng The commission @ the period
designated upon he principle precisely that teri-
uus lie commissions lhes. have % add that more than
txeniyporhaps ihitycafes have occurred since The de-
,Nan Of the Senate ia the Of Mr. Smith, where the
decision then pronounced has been followed Indeed am
ound 70 say precedent no scuon Of the Senate
10 the contrary.
Well SIR il is my purpose advert 70 sense OF The
POSITIONS taken the other SIDE for The purpose o. seeng
whether be possible reconcile the action 81 the Senate
10 whch have alluded with he Interpretation WHICH hon
sralie gentlemen choose give 10 the constitution
SIR has saia that the expression 10 the eonstit1
ION until the meeting Of The legislature o. the Sia
does no the Of The Legislature hut
practically the termination 81 me next sslon OF me
egssiars take upon me 70 say thai Tins taion
The constitution be sustained which can be
ken Of the La the first place, the language OF The
constitution is expc The eetlng 81 the legislature I'M
ports its conveung its organization and The expression
uut the next msetng implies that whatever limited by
nus EXPRESSION be done previous 10 the Meeting You
NAV give whai Specification you please 10 The term meet
nv YOU may suppose 10 be equivalent 70 the word
sap you may suppose the meeting here involve
ID snn6csion the whole session Of Stale legislature
but lie very expression thai this may be exercised
BIZ The governor nnn the meeting the very word until
implies Enteceden and that the exercise OF the power
must be before the meeting
A. have already remarked the fraers of the const,a
ou were well acquainted with the import q the Eng
sh Iangsge They have made distinction on the lace Of
the cen stItuon ITSELF indicating in my Judgment most
clearly and deesivey, the sense which they attached
10 this expression In the Of presidential appointments
authorized be made 10 the recess Of he Senate there
limitation upon the ocs and tkas limitation expressed
in very deren, language from the Ian under consider
sion But SIR there practical difficulty IN the way Of
the construction for which honorable senators contend
Il is admitted all sides thar the limitation which slade
is Limitation upon the executive power Of the State We
ali agree that when the State legislature which has been
nominated the primary appointing power ia IN condition
10 act the power Of the But sir, if you
adopt the for which gentlemen contend that
the term moeng involves the whole session Of the legs
AZURE and that the limitation is practically TO the adjourn
cose Of that session what IL The result IL reaton
the executive power The result - undfnlabe thai II
such be the limitation the power Of The executive this
matter continues through the session and thus have
conflicting Jurisdictions, each having an independent con-
troll the subject disposed to elaborate this
proposition Il enough state that the construction
adopted by honorable win lead the resG that
there may be conflict Of jurisdiction between the execu-
i've and Legislative power Of the State IN this particular.
Sir in nv Judgment the language clear There Is
rco for the construction adopted by gentlemen and the
result Of that if adopted 70 precisely
hfTange1cii "
The matter.
How is this resal to be avoided Ony in this wsy II
YOU spuy the limitation The executive power you
consider the limitation to take effect al the commencement
Of the legislative session. you apply to the Office then
order reconcile your construction with the practice Of
the Senate becomes necessary to consider the Limitation
taking eject al the close ana thus gentlemen are driven
70 sppy his phraseoogy very different ana neon
ssf.nt meanings have alueed heretofore the fact oil
which very well aware, that men, upoz the first
reading Of this cause, attach TO the meaning for which The
ri fka
tends but apparent that the construction eads
results whch al must admit be utterly rreconeabe with
the intent Of the constitutional
Now CIR, right IN this may consider The position
established that the limitation expressed in the words
u the meeting Of the legislature does not apply
limitation Of ihe Office has beea treated, and
considered n that he true, look else
where limitation Of III. Office It is be found
these terms II must be found either IN some express
limitation N the consultation, must be implied from the
nature and object, an purpose Of The pnossson- took
upon say, the very Of this debate,
hat nv judgment there il express mitatson The
Office the constitution, and necessary. The Ii.
taton Is foGad IN the mature and purpose Il The appointment
H provision for The temporary and provisional exercise
Of power, founded upon the sopposnon St the primary
appointing condition and provide for
the discharge Of the dors Of the os II tins be the nature
and object q the appointment ea- that very &c
fniie and very Satisfactory limitation be fcsnd the
nature and object q he provision; i not tina rational
ard practical Interpretation Of ne situiion'
But sr, alarm has been expressed by honorable gentle
They have spoken OF rny claim berg nrosd upon
d. CONSTRUCTION The honorable chairman Il The COMMITTEES
the Jodesry has say thar his regard or
the constitution SUCH that man, whether representing
Stsfe which democratic otherss even II he came
endorsed BY The dernocrnry 81 Tammany Hail, should
With his assent occupy this floor unless he was
eonststouonsly appointed. Why, Mr. President came
here with soch prrensions rsmc here with appoint
msut acknowledged al hands be constitutional and
rsd The only question for the Senate determine
% the durzton n hsf appointment how iorg my rghl
here eonnues u there anything alarming pre-
truSons II simple of hat the
dove Whist tas provided for should be carried out
ne Senate, acting naicisi character, called upon
Seerrine as % ne exient ssd PuPor and effect q tins
Wei ar, les remark herr that wheher right OF
wrong, the position xhch lake involves arrange
Denf engrsfs upon The Constitution 20 Dew prDc pc.
lesds 70 no ne~ dixlIbaton II power mooe 81
member y tins body, respects his sccoantaby his
rusPousshs;y What then the pruisnslouT II simply
ha. That fhis nppolntncut conferred COR the PURPOSES
Contemplated BY the constitution IN the abcnos III any
oblccs i, fulfed.
Something has been said shout prulouging he oous,te
ucrsl by the scion q th body n this bodv xa,
authorized 70 exiend the Of any gentleman oecupyn,
seat her,, beyond - original AM constitutional mii
We ask rpthinx Of ths kind do here asking a
th.r decide ~hsi thar cf osoe snd xheu thst
Jud~ne- expires by the srrapgee1t q the construction
o. ouurrr submit 20 their judgment Nov, ask vha
IS tAsrs rsrmius ~ thai Whist here which lead
~rh the ebTioas srranSenaet Of me IN
subject ran cruise for nlsrm. Here no pre-
tspcs for fhe Introduction Of power; here re pre-
tencs cor snythIHg Ike arrnngcnest 81 The cOnsto
uon bot the position which take upon arrnnrsnen
~hies fss oonru,ioa itself has made and al that ask v
hst The consufoua arrang.eui shall have it, fl opera
,lor and effect.
sr, theT. another expression ~ this clause o. III,