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

the appointments Of hose governors against the will Of hs
legislatures of the States.
MIR. SEWARD. Win the honorable senator allow ms
70 ask him questions DO understand him saying thai
the legislature has right leave The State unrepre.enled
or as saying that has the power TO leave the State unp
scented in this body
MIR MASON. | am not aware thai used the term
right" II did, meant 70 be synonymous with The
word "power."
Mr. SEWARD. The used the word 'righ,u
and because thought liable misconstruction bs,
interrupted hlm.
Mr. MASON resumed The States the parties to IL,
constitution Under that constitution they have Obligated
themselves each the other send 10 ia
Senate. But If they fail 10 send
they fail in the exercise of right in the exercise Of
power is perfectly immaerial, apprebend-they are 70
sponsibe only 10 their people. The honorable chair
man of the Committee the Judiciary MIR Buu,s1
strongly illustrated that point in the remarks which he made
here at the tine that the report came from the committee
Ii give this construction, will be IN the power AZ
the executives of the States against the policy of the es
are, and against the Legislative will TO keep up full repn
sentaon in the Senate although ,heeesatye body refuses
authorize it. and although they may be sustained by their
people in so doing That apprehend would be 10 OVER
hlow the intention of that instrument, and ii is constru
ton which brought by too close an adherence 10
the letter Of the instrument, IN disregard oft spirit
should not have said word upon this subject were
not that il seemed due the gentleman from Vermont, mr.
PnELPs who has, gratifed TO be able TO say, shown
himself upon this occasion, he has often done before
this body, to be Of the most enlightened able, nte
gent and sincere OF patriots II there has been
nation made that that honorable senator desired 10 hold
because Desirable scat 10 MN,
10 say that it from quarter unworthy of The
slightest credit X has been my good fortune to be
socated with him upon this floor for several years. and
am sure that speak the opinions Of the body when
say that he has addressed himself TO the Senate
upon any subject when his remarks have not been grail
flying and instructive 10 his audience should be *.
ceedingy sorry by my vote to be compelled to Pa with
him; but perfectly satisfied, from thorough exam
nation of the subject, far my Judgment can CO. that
the executive appointment under which he claims to sit
could not last longer than the first meeting Of the eg
~ .trh 1aa arntaru neh
Now, sir If stick TO the letter. TO what result
shall be BROUGHT According to the grammatical
sucton the executive appointment terminates upon the
first day of the meeting Of the legislature but we all
agree believe that the decision in the of Smith
decisions that for convenience, the executive a
pon,me last during the session Of the legislature
and, confess in putting that construction upon II, that
do that necessary all to to the analogy
that fell from the senator from Delaware, Mr.. BAYARD
that it because the constitution considered the whole
Legislative term of any State as but one day, like the term
of common law The term :. meeting, !" in the
popular esmaon means pretty much the same AZ ses
sion" The meeting Of the legislature is the same the
of the legislatures and suppose that il used
this in the constitution Many of the religious
cites call their assemblagcs for religious worship meetings
and speak of the meeting -house " Meeting, here,
does the coming together OF the congregation
the assembling of the congregation, and their session.
for prescribed period This is what is meant by meet
ng when speak of the meeting Of the legislature and
not the coming together Of the members when they
first each other The meeting" in the popular sense
and undoubtedly in the constitutional sense, is the
bling and the session of the body Ii has never been
tended that the legislature shall make their appointment
their first coming together. think, therefore, that the de-
csion which made by the Senate in the of Smith
upon the resolution of Mr.. Giles the sensible and
rect exposition Of the meaning Of that word in the cons
lion
Great difficulty would ensue to give too
construction this phrase IT, in the effort to give each
word its peculiar and significant meanng If we give hl
era construction; disregard the larger amendments OF The
constitution. The constitution says that The vacancy
be filed by the legislature it's meeting after the tenn
porary appointment Now, suppose that the Legislature,
in the of Vermont, does not fill the vacancy Then
according the strict letter Of the clause, could be filled
by subsequent legislature, because the constitution
would seem, has reposed the power of filing The vacancy
only IN the first legislature which met after tho vacancy
The language until The eeting of the Legislature
which shall then fill such vacancies and if the Legislature
does make the election, then think that, according
the strict and grammatical construction the power gone
from the legislature TO make all II is Illustration OF
the well known and strictly just rule that if sticks
the letter, hs viii stick in the bark and not pcn
trate beyond the surface of the tree constrained
therefore, that the gentleman from Vermont is
entitled to the seat.
NJ TOUCEY. Mr. President
Mr. RUSK. move TO postpone this subject in order
that may have executive session. understand thai
there three four who wish speak upon this subject
and we cannot get through with IT to-day AT all events
Mr. BUTLER. think that would better go
Mr.. MASON Allow me to ssy that | understand that
there many who desre be heard upon this
question, and do think that there possibility Of Ia
king the to-day am perfectly willing, far as am
concerned, 10 go and dispose of the matter If The
vote can be taken to-day.
Mr.. T0UCEY. am willing, personally, to Jake any
course which may be agreeable 10 the Senate.
Mr.. RUSk Withdrew his motion to postpone.
D.eaH