The daily union., 1854-01-06

lght, as Limitation upon The power OF the executive
ne lang uage OF The constitution, uht The next meeting
OF the egslataIe," IS peculiarly appropriate. Ii an
rght sf, IN this construction of tbe CONSTITUTION and IN
Considering ihe Limitation applicable DOT 10 The oifee
created hy ihe appointment but 10 The power which
makes IL u Will be once that The prevailing m-
preston upon this subject altogether And
here we have this results Ii construction be adopted
the once terminates, uDquesilonaby, at the moment
when The legislature oil the Stale organized and 10
capacity e. act But this construction, Mr.. President.
has been uniformly repudiaed by this body Alter
i a somewhat minute examination oil The precedents,
| The hTst one, so tar | acquainted, ~ this
4 body, which can be clied having bearing upon
this subject. Is the case OF Mr. Smith. OF Mary
4 land, VINO held his place here under appointment
OF the executive The legislature of Maryland met
while this body was in session; and the question arose
whether the meeting Of thai legislature did not terminate
The once oil Nf Smith as a member OF TINS body. A
resolution was introduced. and carried by most decided
majority that The member from Maryland was entitled 10
retain his seat in this body durlngo the Language
OF The Itso'naonduring the session OF the legislature
Wen, slf, this word during rs susceptible OF two inter-
pretaiions Tue one is To The effect that the member
entitled 10 bs seat although the legislature OF that State
was sessions and lhe s, that he entitled TO
the seat until the termination OF that session II must
be apparent to all that the latter Interpretation could not
with any propety be given TO the resolution, because
the member liable 10 be displaced at any moment by
the action Of The State legislature The import OF the
resolution therefore, is that he entitled to retain bis
seat Notwithstanding the limitation to which | have al
itded IN the constituonihe Limitation .un,il the next
meeting OF the legislature Now sir, from thus esolu-
lion we must inter that my construction OF the constiu-
4
that in every instance in which the subject has been be-
fore the Senate this precedent has been adhered TO-
am no. aware that IN any case member has been ex-
cluded from his here iD consequence OF The meeting
OF the State Legislature. But when making this
serton, il is proper that should add that know IT no
case whsre the qnesen has come before thus body un
~. ~~-. .yhss. -. a.s.ion has bean sass
alter The adjournment Of that meeting. The prece-
denis, therefore. so far as they go, tend TO sustain my
own construction of the constitution but respects
the effect OF The adjournment OF the legislature, It IS
qseson with regard 10 which believe there is no
precedent either way may be permitted to say, how
ever although am disposed now to 60 formal
arg sumen of The question: that there is nothing in the
constitution which tends 10 terminate the appointment at
The adjournment of the legislature Ii the limitation ap
plies al all. applies TO the meeting of the legislature;
and that meeting OF the legislature the
ment OF It's organization and capacity 10 act That IT
means this, Is perfectly apparent from the consideration
that all admit that this limitation does apply to the
power OF the governors and applicable 10 that sub
Jcc the appointing power OF The governor, It must mean
The commencement and not the termination OF the
zion. But, sir, am not disposed now 10 go into
elaborate argument either by way of illustration ref
erence TO precedents My only object is to advise the
Senate OF the grounds upon which ~ claim to the seat
resis; and will merely add, that in the view which |
have taken OF the constitution there is express ml-
laion in The constitution at all to the appointment made
by the governor 10 such And according 10 the
views which have taken OF the matter, there was no
necessity for such limitation. The appointment car
ries with It its own limitations. II s. IN the first place,
TO I'LL vacancy; and il endure longer Than lha at
vacancy exists In the second place, II is provisional
appointment subject 10 The action OF superior author
ityhe leg slative power Of the Stale. II Isl therefore,
teminable al any moment when that Legislature has The
capacity to act, and does IFS discretion tit 10 act
These slr the grounds upon which The claim OF my
be at once, Mr.. President, that If the argument
were ever far extended, II must turn at last upon
the simple question to the import application OF the
limitation in the constitution. Ii that limitation applies
TO the Office, the OF service. il unqueslionaby
ends II al the same moment that IT terminates the power
OF the executive 10 make such appointment bu, If II does
not apply, why then have express limitation in the
constitution at all The idea that the adjournment Of the
Legislature terminates the appointment, no longer then
corolary inference from The idea OF this Limitation
in The constitution Then are left without any ex
press limitation the appointment and the consequences
rs that are TO look, not 10 the language OF the cohs
luton Tor ts termination, but 10 look 10 the
uTe aud purpose oi the appointment and 10 have
reference also to that power which may be exeted sub
sequently 10 terminate 1t other words, II endure
no longer than The vacancy endures, and II Terminates
when the superior authority. by supplying the placeor
to u Sc the language OF the constitution. filling the va
cancy-pus an end, ina constitutional manner, to ths
temporary or provisional appointment These, cir. arr
subsaDlialiy-aod not only su sussiantaily, but alto
gether-my views, and they comprise the whole argu
meni upoa this subject do know sir, that coulc
illustrate the matter clearly if | TO spend al
hour. believe have gone lar enough 10 make the
gnment understood and II so, will take leave OF h,
subject. having accomplished The only object which bal
IN view IN calling the attention OF senators TO the rea
may be permitted 10 say that although the manner il
which this question necessarily presented here il
one which might have Affected the sensiby OF amos
any gentleman situated AS am, yet beg the Senate Il
understand that would not for moment claim thu
upon any other grounds than for The purpose OF
curing to the Stale OF Vermont it's constitutional rgb
here. As the mode in which the question is brough
up here beg leave 10 set myself right before the Senate
aud the country. came here and occupied my seat.
did th-, Mr.. President with the advice OF others AM
you, sir, aware from what that advice
derived 1t The only in which the question
could be lesed and u thus matter OF necessity
! could not petition the Senate for admission upon TIN
floor a member they had no night TO admit anybody
but members. Ii came here at all, must upor
the strength OF my credentials aud the authority o
the State Those Credentials already file the,
are, the face OF them, in force, and there i
nothing AT thus moment on the records OF the Senate
which would terminate my duties here. There ia moth
ing upon record which woud authorize the President o
Secretary OF The Senate in erasng my from the lis
ot senator's so tar the Senate officially advised
there is no question that be raised but facts
understood 10 have ranspred, OF which the Senate ha
not as yet any official notice, which may affect my rgh
to seat here. #H4 #t. .s.# .4#. .Fa
Under these circumstances must be apparent TO ever
that the only mode Of bringing the matter before th
body to leave it TO my friends TO raise the question
i And believe those friends will say that when cam
here came with the question my tongue, consulting
Il with them IN what manner II would be most appropriate
10 bring the matter before the Senate. trus that
shall not be regarded having presented myself herr
for mere personal considerations looked upon in thu
1 light Of squalter upon this occasion.
/ hr SEWARD. IL is proper that should say in cor
robofaiion and confirmation OF the remarks of the hon
stage when he arrived here bis friends in this body
This side OF the chamber advised Of his desire ha
they should. IN proper way advise 10 the
which the question should be brought up so hA