The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-18

State must remain for time unrepfesented On the
rary is il not duty, MIR President give doubtful
words that Interpretation favorable the of the
trainers OF the constitution of which they susceptible
have said that originally the controversy whether the
word mil" limited the power of the executive the APP
poinment, both. II held that the appointment
tended beyond the meeting of the legislature and
quenty the power OF the executive only limited That
being The established doctrine of the Senate maintain that
decides the under consideration unless the consiruc
ton for the first time conended fors adopted by which
he wods OF The constitution are TO be displaced and others
| substituted.
We told by the honorable senator from North Caro-
Una Mr. BADGER and his Interpretation adopted by the
senators from Virginia Mr.. MAson and Connecticut Mr..
IoucEs lhat the word meeting means session.; that
Is, the whole space OF tine between the hrs meeting and
final adjournment Of the legislature But the senator from
North Carolina informs that the rule OF construction
requires that the language of the constitution should always
be understood in lis popular sense, except where technical
words are used and understand him TO assert that meet
ing,' in its popular sense, means session."
Now, recognise the rule Of Interpretation mentioned
by the senator to be sound but cannot agree that meet
ing means session. u popular sense have consulted S
have found that Specification attached TO i. In all of them
meeing means assembling, coming together--aome-
tmes congregeson or collection of peoplebut il
signifies legislative body, the session OF legislature
think am safe in affirming that nowhere, an popular or
legislative language, does this word "neetng mean "ses
sion" Certainly the trainers Of the constitution did not IN
tend in that sense On the contrary if we refer to other
clauses in which the word is employed, we lind II always
used in the sense given by the lexiconthe coming To-
geihern
The senator from Vermont, MIR Foor] who addressed
the Senate yesterday read three clauses in which the
word session oceursin all eonprehendng the whole
pefod between The first meeting and the final ad ournmen
There Isl therefore, warrant for the assumption that
"meeing" in the clause under consideration, means
sion.
But if"meeng means session, as contended for by
the from North Carolina, of consequences
follow: either that has sgnication when applied
TO the executive power that has not when applied to the
tenure Of the appointments else the executive power OF
appointment pa pass with the power OF the legsla-
ture, from the first meeting to the close of the session. Let
be remembered that the grant Of power to the executive
and 10 the legislature, in cases of vacancy during the re-
cessand there is Limit of the executive power but what
IS found IN the words until the next meeting OF the legisa
ture and that the end OF the neA session. then the
executive may make temporary appointments well after
the meeting as before.
The senator from North Carolina however, contends
understand him, that the power of the executive Is not
limited by the clause in question, but from It's nature con-
tnus only during the recess, because the grant made
from necessity and the power expires when that necessity
longer exists; that s the Of the next
session of the legislature. When the gentleman from Yer
mont, Mr. PHELrs, whose seat il now in questions re-
piled that the necessity quite great after the leglsla
ture adjourned before the Of the session.
the senator from North Carolina said that it NOT the
necessity for making an appointment but the necessity for
the grant of power to the executive.
Mr. BADGER. My friend entirely misunderstood me
The application made by the senator IRON Vermont of the
expression necessiyas used by was that there was
necessity for keeping the Senate full sad that not
the necessity of which spoke. The constitution thought
proper and right, and reasonable and just that every
State should have full representation and consequently
vacancy occurred IN the of the legislature that body
the appointing power Of the Senate Icing not able to act
that the appointing power should deyolys @ W.T.
IN the governor The necessity was not that OF having
representation here but the necessity OF devoyng
the power upon the governor the legislature not being IN
session. in order that what the deemed be
right proper and just towards the States should he
ried out.
Mr. GEYER Precisely SO. dad not misunderstood
the from North Carolina. Bat the necessity for
comforting the power appointment the executive before
the meeting Of the legislature is not greater than il is after
the adjournment without filling the vacancy. There Is the
necessity that the Office should be filed and the
necessity for deposit of the power Of appointment after
the close before the Of the session.
that nothing gained by the argument OF the SENATOR so far
the limitation Ct the OF the executive IS concerned
and obliged to return 10 the phraseoogy of the
suon, which authorizes the exercise of the power only
until the next meeting Of the legislature.
The honorable senator Mr.. BADGER relies upon the
word Then" indicating the peculiar sgnhcaton which
ho gives 10 meetingn Now, suppose that word
may sometimes be of service in determining which of
several known Specifications another word the clause
used; but can never be made available 10 change the
meaning, authorize the substitution of another word
Another objection 10 the attempted TO be made Of the
word 'then" upon which the senator from North Carolina
relies with so much confidence, is, that the vacancy must
continue m this until the fourth of March, 1885, and
in every in which there bappens vacancy filed
the close Of session OF the legislature the xiI
remain vacant until the original term expires. If the egs
atue must then during that session. and at no other tme
I'll the vacancy, the IN controversy may be vacated by
Of the Senate but Vernon: ill the vacancy.
MIR. BADGER The constitution has already conferred
the TO elect senator's The language there
live, that at The meeting Of the legislature they shall
m the vacancy. II IS TO confer power but require
the discharge Of duty.
MIR GEYER, The appointment Of for the full
term Of Elk years is provided for by the first clause of the
third section but that clause does authorize appointments
supply vacancies such appointments provided for
only IN the second clause Of the section and nowhere
else in the conbutution.
MIR President better express my understanding
Of the tue construction OF the constitution than by reading
from the speech o the honorable from Virginia
" MAsos delivered when the report The case OF Mr.
Winhrop before the Senate Ard will here say that
n m error must attribute il 70 the report OF the
eto from South Carolina MIR Burlrp int hat eaAe and
the speech OF the honorable senator fonn virginia win
rend few from that tpoech which, think
has been answered. The honorable senator said
submit, then, with perfect confidence that the word
until Is intended to limit tbe period within which the
executive may appoint, and 10 limit nothing else. The
ecatye may appoint uu the legislature meets. But when
the legislature meets The vested IN the executive erds
The word until them Igs the time within which this
duty shall be discharged by the executive and limits no h
ing else. II has b. construed by some believe, to limit
the perd during which The pO,uee Of the executive shall
contne 10 the senate IL does fix such limit Of oil
The term Of the Office is six yenrs and " vacancy
ours ~ that term, that vacancy, the contemplation offhe
constitution "a filed until somebody appointed for The
whole Of the remainder % The term. y
IL isnRked what would be the IL the legislature does
not MI the vacancy II the power the consttu
n by any mandate to the appointing power. The
legislature may or may not act may seem best There
y No means 10y which you compel legislature 10 dis
charge lH duties but II the legislature does not FIJI the