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

Again. Mr. President has been insisted here IN srgu-
men that the provisional appointment terminates with me
authority which conferred H. According 10 thls tneoy inc
provisional appointment terminates at The very commence
and opening OF the Legislative session Tor, beyond all
dispute AID eay that the limit OF the executive authority
according this But this construction stands
opposed the uniform and settled practice OF the Senate Tor
than forty years From the time when the case Of
Mr. Smith, of Maryland before the Senate IN 1888,
up to the time OF the case OF Mr. winthrop OF Nsssacu
sets and TO the Of Mr. Cathear OF Indiana al
the very Of Congress- holding seats mere
under appointment have been allowed not merely
without question Of authority but by the deliberate and ex
press judgment of the Senate retain their seats here for
and for months after the meeting OF the essa-
ue and consequently for weeks and months after the spe
cc authority which conferred the appointments ceased u
enough say, that thus clearly IS entirely inconsistent
with the settled usage OF the Senate.
Besides If il be insisted unequenly has been,
that the words of limitation in the constitution apply both
the power and the appointment you met by this df
fculty; The Identical words which apply 10 the one
apply also the other, and ID clearly beyond doubt
controversy that the power the moment OF the
of The legislative sessions but by practical
strueton, often repeated and too long settled and ae2
esced established by presidents too often repeated and
too long settled and well understood treat an
open question, the provisional appointment continues bey
ond that period Of tme and, consequently, beyond The limit
Of The appointing power. The same words, IN the same
connexion be applied restricted sense To the
power, and in limited in alaldnarian sense to the APP
poinment,
Sir this theory fall, all your precedents, all your
practice has been wrong To maintain the is to over
rule the other and invite the task the logical powers of
any man. of any of this body reconcile the long
settled practice Of the Senate with the theory that prov
siona appointment limited and terminated by the next
meeting of the legislature If the fact that the superior
thorty, the legislature coming into condition to act sus
ponds annuIs the provisional appointment then must
do the instant Of the organization, for that moment
it has assumed ts full capacity By what rule of
logic analogy then, may the provisional APP
poinment continue until the superior power il itself sus
pended, and ongeri Sir this theory furnishes but
other exemp'ifcation of the arg,mentum ad absurdtn
Again if the word meeting" in that connexon signifies
opening beginning OF the legislative session. as mani
testify Does then, whenever you have allowed senator's hold
ing their here under executive appointment to retain
them una fter the meeting of the legislature, and until
they actually superseded by election by that egls-
lature you have far forth given practical recognition
Of the very construction which contend forthat the
eeutye appointment holds until superseded by actual
election and thus, virtually if there be election that
continues to the end of the constitutional One of
these events must terminate it. say them that the
expiration Of the the interposton of legislative
action the only limitation upon executive appointment
constutonaly made and you have the authority of
sdudged upon your journals adverse to that PROPOSE
ton These temporary appointments by their terms and IN
he very nature are cannot pc ana were never nenaea
to be- subject to law of fixed limitation They are anao-
gous ordinary Of temporary pro mpore appoint
mens which hold until superseded by the of the
principal by the expiration Of the of Office
Why the object of temporary pro empore APP
pontmcns is to hold the place of principal and TO hold
during the absence want of the principally and the indi
vidua holding is invested with the attributes of the pn
cpa thereby differing from loeu tenens position
which you Mr. President (Mr NoRRls in the chair and
occasionally occupy when invited 10 take the chair
of the President of the Senate; but invested with
the authority to sign bills, although may preserve order
put questions, &c.
II has been said objection construction that
the executive appoinec may may represent fully the
political views of the Stats, that he may be personal
avorite of the executive My colleague has abundanty
answered that objection. But however the fact may be,
furnishes against constructions inasmuch
that construction does nil interfere wi the right and
authority of the legislature either supersede reairm
that appointment If the legislature do slpersede It, the
haa
sppontee represents the political sentiments of the egsa
Of the Slaea all events that they elect another
acceptable to them.
Mr. President looking these provisions Of the cons,
tuition, and having reference their manifest purpose in
conneaion with the rights and interests of the States have
al least satisfied my judgment that this is the most
reasonable the most just the natural construction that
be put upon them.
will add, moreover that this provisional clause, per-
ainng does to the right of in the States
It's object beng TO 10 than at all times full rcpresen
aton the Senate of the United States against these incl
dental contingencies, like remedial statutes, should be
strued literally and should be construed its language
Will admit as most eectualy to carry out the beneficial end
in view. lifts language Of doubtful import, it
should be construed favoraby the States and favor
ably to full and just and equal representation here Full
and equal representation IN this body all OF
the most important rights, well Of the highest
privileges guaranteed to the States by the constitution
Mr. CLAYTON. Especially the small States
MIR FOOT. Especially TO the small Sa,es,n has
been well said by the senator from Delaware, MIR. CLAY
ros Why sir careful indeed the trainers of the
constitution 10 guard this right egsnst infringement that IN
defining the mode Of making amendments the constitu
ton, they added this proviso" that State, without it's
consent shall be deprived Of it's equal suffrage Senate
And trust that IN and will this i'm
poran right and privilege be abridged by artificial forced
construction
We asking you create a senator for All
that ask u.s. that may be allowed be represented
by senator created by the proper authority under your
and whose of Office has yet expired
and whose appointment has yet been superseded The
decision Of this question affects this only, but h
other Of similar character which may hereafter arise
and they likely with the greater frequency with
the increasing number Of States and the consequently ncreas
ing number Of senators and perhaps may add with pro-
proty, with the increasing number Of political organizations
This question is not for Vermont alone but for every sate
the Unon and the present s the most favorable time for
the impartial judgment Of the Senate upon IL The duplicate
Of political strength upon The other aide Of the
chamber and the corresponding ebeness Of numbers upon
this side OF the chamber repo all apprehension which might
perhaps be entertained in equal division OF political
parties here that political pejudices and feelings might
the smallest degree in the consideration and dec
sion OF this question
Mr.. President have felt it due the relations in which
stand and especially due TO the State in whose behalf am
authorized speak and here, express briefly and
general the views entertain upon the question before
the Senate The question having been brought before
calls for the action Of the Senate and claim, in behalf OF
my State, that my colleague Is entitled retain HIS seat
here a from Vermont. He duly appointed
the vacated to which he appointed has not yet
prcd his appointment hos not yet been superseded by
legislative election his appointment not terminated by
tho meeting Of the legislature you have long and often
decided not terminated by the adjournment OF the
legislature, by any words by any theory you torture
the eonsutulon IL has short been touched by
tho action, much less by the non-ection, Of the legs
lature.