The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-19

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sion meeting OF The legislature The Aosorsble sen
aor IRON North Carolina MIR BADaExi has slysu his
Instruction was grahsd 10 hear the hoaosahls sen
aor his readiness 10 be coavlnced he has
pressed his drsIe 10 bear what bad
say the subleci but hsye very lxie hope ol
vclion thai garter cAERni bring my reasOaing 70
bear upon senlieman who has the good toTtnne
hear H. Bur, The dislns shed senator iron Moth
Carolina has Told that Inc Senate thai occ1ou
deGstooc the expression Bs meeting OF The EEaaAtufc
10 ci the Legislature. covering the
whole session will take the honorable senaor on bus
own ground win admit. tor the purpose of Lbs asgs-
raeni thai the Senate did understand the expression next
neeting" 20 "uexi sesslan." covering The whole
period Of The Let read the resolution of hg.
Anderson with than qualification -s
Rssoired, ThE: any eenator OF this bosy holds
seat under an exacaye appoimsat cannot according 70
ae pfoyislou OF be c1nstia@n o the Uped Satss, be
eaitiec nold mas q member OF this
BODY AFTER the next se SION oi tn Legislature OF his State
The Term raeehag being understood as equivalsns 70
hs term session, and intending the whole period ci ssch
session. E
Now according To The Interpretation Of ,hs AonosahIe
iron North Carolina ihs the mrsninx q that
r~snsussoa What arsinu Ds IRE Es1nss upao Ra
They said noihe amendment as rejected? Txking the
honorable senator's interpretation and admitting
that the Senate put the same Interpretation upoa the
clause IL quesnca wal rs the decision OF the Seaeae
upon that proposition but direct pre- eceden favor Of
the claim which set upi Is Il said in explicitly
thai a member BY executive appointment 10 entltied 10
hold his after The session What win the honosabie
senator then do with bis proposition that The Coee OF that
session terminates The seals sH
Iae only escape from this coRcusion which ID left
Tor the honorable senator from Nob Carolina 10 TO con-
fadct hls position, and admit that the Senate did
not 50 understand 5e phrase bu that they understood
that the term ssmeeting" meant the Of the
session Then, If they understood they have aeei
ded that the limitation does apply TO the SEAL becAAse.
in the end they decided thar he incumbent might hold,
notwithstanding the session. Can any gentleman maks
anything erc OF this decision The honorable chaiFmAa
OF The Committee the judiciary has told u, with great
confidence, that this precedent makes against me- How
wthe honorable senator prove that In order to do 20,
sor from North Caroisa How will the honorable
chairman make out that THESE Two vo,ee In the OF
Mr. smith, taken together do not negative the position,
In whatever senee sou may understand the teTn-fhaf
the limitation be II whs! u may. applies 10 the duration
OF The Office,
Now I am prepared with the honorable senator from
North Carolina. 10 be convinced and shall Be gratsd
honorable senator's show that the result of the
Two votes 10 M Smiths case, taken together. 10
sustain in The position which have assumed Ii the
result thar this Limitation consfrue il a. you will,
has no application to the Office shall be graG4ed, be-
cause am always Eratifed al human ingenuity; md
shall be extremely grat6ed that degree OF ingenuity
which would exlrieaie the gentleman from North Caro-
lima from this dilemma Sir, perhaps speak in strong
terms bui gentlemen must do me justice. They must
reflect that have stood for weeks the attitude Of
who has been charged with setting up groundess pse4en
coming here TO advocate views under the coasta
on clear that il does admit OF argument
Sir this pleasant position for occupy attuS
service OF thirteen years N this body II an TO b re-
garded one setting up groundiess. idle, and nsosoas
prsiensions with some little degree Of feeling in seli-vln
dica,ion
have not YET advered to the proposition Of Mr. CEes
IN the case OF Hi. Snh, which was The one knalIy
agreed 10 by the Senate Il was tha, Mr.. SAsth. a
Mary land entitled hold his during he seo-
SION cf the i-xsiasnre Of Maryland Il wW slA y -
senator from Delaware that votes upon questions of this
sometimes Influenced by party conscientious,
and be referred 10 the decision the Of Mr. Tracy,
Of Conneerut as being brought about BY pa:sy vote
1t may be Any gentleman who il old enough 10
remember the temper OF those ines OF who has read
encugh OF Their history to understand the tempss which
then existed will readily understand why this was %.
Bat SIR in Mr. Srniih's case the vote was mxed one
had thai in the Affirmative on Mr.. Glless resosuion
there exheen republicans and four federalsts. and
IN The negative sbou, an equal DIVISION. think.
Sf, have gwen my We've on the decision in the
Of Mr.. Smith, oi Maryland Some gentlemen who
have addressed hs Senate The subject have endeavof
ed 10 weaken the force OF that precedent and hsn been
said that The vote upon that resolution OF Mr. Ges weaf
upon the ground o The legal fiction that ses1aon OF
Parliament and term OF couri considered - day.
and Indivi-sbe The honorable senator from Dalnware
takes the same ground Admit Tins explanation 10 Be
for the sake OF the srgnnenf-sdrnii that on that
occasion he senate did adoPl I'M. legal fiction What
Mr. Anderson. and The action OF Senate upon ii
The honorable senator iron Delaware did fl 10
notice IL. Now, the mofSeni he honorable senator
tempts evxd. force 81 OF The Senate on
the resolution n Mr. Giles b. saying that they adopted
this egsl fiction, reirf r ne previous vote OF TIE
1sh<Af hf1a AaA tSff-tAVA "a hbicispn. suPfuSS
we asen upon that proposition the legal fiction, what s
the result
Mr. MASON VIVA; was Mr Anaerson's proposition
VIII the gentleman be 50 kind 10 read iii
Mr. PHELPS. At the senator's request viii read IL.
IL amendment to the resolution OF Mr. Giles 10
strike all after the word Rssarrd," and insert,
That any Of fAls body VII hold. seat under
executive sppontge cznuat according tia provis
OF the of the United be entitled
contnpc bold has Of this body after h~
meeting Of the legislature q hi state."
The which make OF i is that il the oonsiruc-
oa which gentlemen give TO the word meeting" be CO.
rect II II involves the whole sesson, this ia drec, vote
Of the Senate that the Limitation does s,ply TO The
Office
Mr. BUTLER WIZ ny friend allow ne 10 pu, mysI
right IN relation 10 that matter
Nf PHELPS. Certainly
Nj. BUTLER. The issue made b. The resolution OF
MI ARdsrsoa and the resoiason Of Mr. Giles ihis
Mf. Anderson coniendei thai senator holding under
executive appointment 1ast out ne meeting OF the
during the session. as make chosce sat thai
The termination of the ghe apponiee 70 oai
and after he termination of The sesaoa- Mr. Smith
out, and never did take his sest stsetwar
Mr.. PHELPS. SIR, the honorable senator hss told us
that have debates upon thai subec preserved and
the individual views of ihoes gentlemen from whom
these propositions emasAed are not given
MI BOILER | oaiy say that tha, wss the issae ne
tween the t~o propositions
MT PHELPS The honorable chairman Of the Con-
miee on the Judiciary gives hs views = naiter OF
inference as TO what h- prssumes the vews Of hese
gentlemen were have already stated what presumed
ihey The senafor states that Mr. smith did not
occspy hs How - that determined IL il bsesnas
l. I.