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

position lskea by ths d.ns aisasd chairman Of the Jsdi-
cary Committee. and BY the bonofahis senator irol
Delaware, bsl ths expression. aGIsl the aexl meet
ing OF The legislature" de6nes and sits and
the duration Of the o1ce conferred By the executive ap
poialment Now. LET ADOPT this construction for The
sake OF The Argument and 10 what II will lead
Ii the meaning OF the constitution IL such
trpded io the clause will read in this way The exec
uiive make appointment appointments WhIcs
saaA until the o4 The Legislature
Suppose Il be Then, II the constitution has given
this lim 10 the offeehas defined and liked its dara
tionthen the rghi Of The appolnee 10 his seat ex-
tended uniii the period has expired the pfnc-
pie that II is terminated Sir, without putting BY
way o sapPosltlos Will Take the liberty OF referring TO
a which actually occurred in ihs body within
very short period.
The late distinguished senator from Kentucky, Mr.
Clay, home bis resignation time IN January,
1852, to eject the first Monday OF the oliosing
September The legislature OF Kentucky being then IN
session, elected the honorable senator who holds
the seat Mr. Duosl fill the vacancy from and after
the first Monday OF September Subsequent this eec
ton. and after the adjournment OF The leg sature Mr.
Clay died and the governor. 10 pursuance OF the cons-
fuon, appointed air herlwether 10 MI The vacancy
casloned by the deala "a Mr.. Clay That this appoint
ment was valid, nobody doubted The hrsi Monday Of
September passed, and when the rs, Monday in Decem
Der arrived and The Senate convened there having been
no intervening OF the legislature OF Kentucky,
the question arose. who entiiled The seats II
argued b gentlemen that the appointment by the
governor OF keHtscxy being constitutional and regular
the express Terms o tue Constitution extended that
pointBeni until the Legislature OF Ken
snOaid meet and cOnteHded thai,
virtue OF this provision ot the constitutions appoinee
pi the should, all events hold until The Lexis
aluTe of the State should again and thus
ecuiiye appointment OF Mr.. Menweher, by express
proysioD o the constitution, overode and superseded the
legislative election OF MIR Dixon. That point was made
What the determination OF The Sen&te They rejected
that construcnoa, and admitted Mr. Dixon TO the II
the preiension admitted thai such ne eject OF the
provision OF the contribution, thai MIR MerIwether
hold aGt the Legislature of thai Stale again. when
might be, the result would precisely what the
bie EnFe lcE
that The secondary and subsidiary appointing power
would supervision the acton Of the lrgis
iave body, the primary appointing power Yes, sir the
position then assumed virtually the II The
governor had said s The leg gisiaure OF Kentucky has
elected Mr. Dixon already 10 take the place from and
aef The hEs Monday of September, when fhe resignation
OF Mr. Clay takes eject Now /, the governor OF Ken
lucky The OF thai power which The consu-
ton confsrs upon me 10 certain eyeDtihe decease OF
MIR Clay-see hi 10 appoint Mr. Msriwelter to this place.
and he TO hold H. notwithstanding the legislative cleo
ton OF Mf Dixon, until The Legislature OF the State
agaD. and thus viii supervise The action OF the egsa
We heard grea, deal from the honorable senator from
Delaware The eject OF enabling The executive OF
Sale 10 Supervise The proceedings OF the Legislature
thls particular. shall have 10 refer to that
bereaier Then, If you consider this provision OF The
constitution really hxing and settling the term OF Oh
bee IS not apparen that the trainers OF the oonsiu-
lion, is ths provison have reversed the order and
eonsed tae s0Ueregniy and have placed The secondary
appointing power a condition 10 override well
Supervise the primary appointing Poweflhe sase legis-
lsi1ref
Now, SIR. l am perfectly TIA, most minds. on
the very reading Of hs CLAUSE mbibe the idea that
The Limitation is upon The once and am very sorry
that minds oEd OF The nrs mpresslon that
they pari with u win very great reluctance When,
however you come examine this provison and 10
The results OF The construction against which con
tending ind thai leads 10 results which every body
repodaie Utterly inconsistent with the theory OF
The Constitution and the ntenon OF s trainers In shor
the objections which have 10 ths construction OF The
first. that The very vacancy which
II The nieni OF lbe constitution prevent BY temi
HatTng lhe executive appointment before the legislative
body he State has opportunity 10 aci-tefoFe u
has capacity 10 act-leaying them al iuture lime
to supsy The place The second Objection which have
=, that 4 We apply the limitation 70 the Office. il may
carry II, and VIII carry q, no, oay beyond the original
term, bul nay carry beyond appointment made BY
lhe legislative power OF the Sale in such
override II al legislative appointment have illustrated
iHs By reference be OF ms irena iron Kentucky
MIR DIxas.l Nox, lei me pat another case
saPpose tb~i the term OF my predecessor, Nr Uphan
bad expired on the 4tb OF March, 1888 va, here at
thai ieiiod by vHgr OF executive agyontnesL Sup
pose lhe iegaaiufe ot Vermont which sits L Oclober
bad, Anticipating the expiration OF his erm, elected
successor saPPo-e thai al the executive session. the
ioarh oi Mach lasi, had presented myself here and
claimed seat, 10 TIE exclusion OF the gentleman eIeeea
by he legislature of NeTmout The successor OF Mr.
Uphan; could not have done H. upon me construction
10 which gentlemen Dos contend, 10 opposition 10 my
sess Y my appotetDen,, BY the express provision Of
TIE consinti0n - 20 endure uatl The legislature
again. a oyeffide aod supetseie any previous
ol The legislature a matter oil course But dismiss
that pdIl Of the snblect.
Mr. Persistent. have gone toto thi- Argument because
have heard from senaiofs the Which have been
expressed bs aooT thai they considered The point
clear ia' t seeei 70 be 70 them OF surprise that
sny man should have dovbt upon the subject The
PhTaseol0gy ol the Constitution seens 10 them 10 be
% explicit, and he iefB oi the Obce BE- 20 In,e
giby and clearly dshhed that TREY 70 regard II
- implying sDn o. ohiuseEess Of iBtelec 10 entertain
dnubi about tie CONSTRUCTION of his clsnee SIR leave
hose ge1te reconcile tier views. II they caG i8
the consequences Hhich have pointed out and to show
M bow they ean gsl along, 70 phrase, 10
carrying Osi Their construction OF hls clause o ibe
stIiuuon.
SIR. doobsss proper thai, upon msiler Of this
KIM, should consult the views which have bcreto
lore besu entertained aad he previous he Sen.
ate and. m with the action 81 the Senate the
views expressed - members been rrA0rad
q - expi~ping IL Now. shat have been the views oi
-enaiofs, 4nf wbs hs beeG the scton of fhs SENATE
BPoa the sshleef u j. sad that IN the case o SIR
Smib, 81 Maryland, have record OF the debates
That is b1i be inferred from the fsci ihai
he debates have not been preserved ibsi there wx. ~
debate upon the Question II there were none gpoa ina
important qarsloa ne gteai and the wise men OF Il
DAY mus lave been very differently constituted from The
slse nen OF The pfesen day II hardly imagined
lhsi insi case. inTolvng. DID, important con.s-
uonsl question, sas Disposed Of without dlscussson
especially a. the journals show that varou. propositions
wers seenlise 70 ihe sefsie Batin recent case
that o. Mr. Winthrop. of Mssssch hasett.-thsre was
vefy tai discussion Bpon TINS vey point II se are 10
resort - debates snd opinions OF individual senators
win 10 a-cerisia ibe sense of the body p.rnr
ms 70 eer 10 The n-i debate upon this point which
have recorded
/ have oncer my desk the Congressional Globe. con-
tanning TIE de0siss on tba occasion. with the vsv. ex-
pressed BY various genuenen lbs body dsd intend
20 read ibsn, pai. szshrd a that am consuming
a.. - -.