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


of ny lhs body. which has been noW service
OF some thirteen years knog not thai 10 al
dress the Senate under oil such emhaass
nept az sasround me nov The Senate are ware that
some weeks shcs ! commenced sn aggumeni, II Il may
be 90 tsmed upon The question about be Submitted
lhe relation to my right 20 seat IN tins body That
aryuDeU, was broken of ia he middle and the whole
matter has been suspended for several weeks. This
forces upon the embarrassment either OF repeating
whal all ed the iefner ot Muta,ing the
arsun.enl by presenting II IN separate parcels
There also oihsr sources oi embarrassment w hen
The sublscl betole the Senate tofmer occasion,
less han three speeches addressed 10 The body By
gentlemen who opposed 10 The claim which set
upgenisssn OF distinguished abity, OF high standing,
and oi long this body. Those speeches. pre-
senfing cooridsra which had not be.ogr been sd
verted TO- Eost have bad their effect IN producing i'm
pres-ion the minds senators, and especially
on The minds OF those who had previously examined
ibe suoscmaer, and not therefore able 20 deect
the fsacy OF those arguments, iaacy there Sir,
those of ho acquainted with the operations oi
ihe human ,Ereci know very well The tendency OF st
Impressions The INK spol us4y be easily removed while
il fresh, when suffered 10 I.main and harden,
il very dhcult 10 eradicate Al SO hsre such impress
SONS long entertained las abS scqurs the char
acter Of deep-sooted and familiar conylclion. Now
am called upon under these circumstances
argument from gentlemen OF high standing and disine
ton which has probably for weeks past been the
subject o reflection, which created impressions thai
night when resh have been removed once bat have,
perhaps, by this time acquired me forre OF settled con
vlcilon
Then SIR, there is another difficulty The subject
matter OF this discussion with interest Ii
s dry. ansnlrresting, proix II OF those subjects
with respect which discussion Will be useless, unless
he tho dstusses receives the constant aieB,on OF hss
hearers and YET involving such variety OF consdera
lions iAa the mind becomes weary OF aielilon bsiose II
has grssped them all
SIR under these circumstances nnfavorahe hey are
can hardly hope 10 comnahd the aentan Of The SEN
ate. These empty seat- significant Even il could
command the attention oi The Senate The condition OF
nv health prosiraied have been by sickness, would
probably aisabe me- both mentally and PITY scay, from
doing justice The subject myself Bui- SIR, ap
pear here moi IN my own Debatt come here claiming
20 favor, setting sp no personal Preiensions cons
here profssseal,, the representative OF OF ihe
States OF The Unson asserting her behalf her ghi
fuii representation here. present 10 the Senate
question OF judicial chaSaclera question growing out
o the provisions OF the constitution which The members
Of lhis body, ~ their Jadc'al capacity, are called upon
u delermine.
Sir the question 10 in some respects new but mol Ii all
do claim thai any precedent has been established
winch goes be fu length OF the preension here up
Whai do clam u, that principles have been establish
ed and oi The has b-~n adopt
ed and sanctioned, Gully 5y tie deliberate Judgment
sai by The long ued racce o! The SenAle which
construction, when earned oui. sosiains my claim
Sir, what ~ this question How does aIlsef la
January. 1853 Nr UpAsm, my former colleague, sna
ny predecessor, died Ga tlai occxsioa The
tive OF Velm0nl III 10 ceater The appoinisent
obedenee TO the requisuoa OF lie co1s,sion, NIL
hs place pre- tspeve and 1fovIsioaaiy As 10 the
surnnonaiiik and propreiy OF the appointment when
made, there rs question II is admitted 10 be
regular, Constitutional, and valid urder hs appoint
meni. took my this body last session Of
Congress- but process o! fne the legislature OF the
Stale vi Vermont met held their session. and adloarned
without scng upon The subject. They made election
The qoes,on then arises, what is tbe term OF Office
conferred utoa By the appointment made January,
is53i Nhai 10 The sxeni oi The night, 4 may the
phrase, Conferred upon BY lat sp,oiniIen reief
snce 10 ils original purpose and I~ga effect Did con
Ter upon the spnee OF The executive The right and The
possf The dun.S Of the Office until this lem
poray provis appointment should be Superseded
By The OF the primary appointing poxer The eg--
la;ne OF tie State limfed IN Its origin. 10 any
debnite aod hxsd period, either he meeting Of The eg
lsure, tie the termination Of theft
ses<ion? Tha ite question, and The sole ques;icn
presented 10 the Senate tor dscsioa.
beg leave 10 remark here thai each and every ohlre
hch has been urged h-s~ 10 tie Progges of
fesiax sSon sh< OF State his power OF lem
porSry avpo n:usxnt ny judgment, ofega 10 the
suheci Of the we-en fnquirs. Wheeler proper or I'M
pro4<, The trainers OF The constitution have Proposed
ana the Y~ogs OF the United States have adopted, the
provision which conferred ihs upon the
OF the Sale Permit me, then 10 say lhai The GisqUis
tions whscb learned senator's have induse ed 10
the Objectionable character OF provision The
oonssirn,on are. in ny judgment. 70 legal phase
moi pertinent 10 the issoe before The question =
smtSy. whsi hse the constitution done-whsi does II
prevsee u has conferred tae power; has created the
o5ce has authorized the executive o the State under
certain circumstances. 10 lsee here nominee Of hIs
cso'ned With al the nghis privileges and powers
OF senator, eons,u0onaliy and legally. The qge-.
lion tow ong do these rights e5ntinge-at what pc
od coes ihs apron nimeDi oF commission csase fhis
The Simple question which A. before The Senate and Il
simple question oi construction determine the true
Impor o the constitutional provision
Nov. 81, having explained the simple question before
the bofy here remark that the su iset noi ony
involves great variety o considerations. bai the de-
cuss,on, lar. has taken vers range Tae
TOT from Deis~are. tslr. BArhRD,l an elaborate
speech, occupied much ground ana "a justice u ny
sSit, vndcson OF The pfeicnslOns up here and
justice the Stale Which profess To present i-
incumbent isf as can, ~ All kis posi-
bons. Many OF them. my lpAgmeni, have 10 heaurx
upon ns qssscn; and yea t becomes ny duty a. 70
Examine then a. 70 satisfy TIE Senate tha an correct
N sUpp~fng them foreign 10 the question
sat. 70 hat are we 70 re-ofi DETERMINING ths qne@
nonf To The language OF the constitution promGl-
eaed by and adopted hy American peo
piei lnx ssna,of from Delaware has lbdulsrd ia
searches 10 the debsIes OF she federal eony-nlon tie
has shown thai ibe proposition tor eonferng h- power
st~isd. What iheus II s1o,ied a. last IT, sad-
ny IA moi 10 be questioned Itsn, oi wk$i
10 nqsHe INTO he yaces oplnioas entertained BY tie
members of that tn lropTiey oi that
rofossiion willie renamed unoeeidrd before ther
Permit me 70 ssk tonofzts senator's II, The ~
ta~r professional esT~nece, they found bal
ne true mode of ascersnIng the Hieaaoa OF debefs-
i've socy 10 the language Icccd hy fhs.
body instead gi thai aaogssd
Now -gr, whxi ~ tbs language ot the eonsiltn Ion
Aittf pos for The eecton ut by The egs-
sinft q State, aad Iher cisss tcsiIoB. i goes %
MAKE NpvsioB too vacancies which asy hsppen,~ 10
,he langasge Of he coasigiioH This ierm happen
20 eteh usderstood 70 accidental vacancy a
s~es not anticipated, and not be anticipated In
sH.s pV'Hson Tot such vsezncy The power - con
aten tne executive rake appointments with
49, ~ suoh Vscanctes msy hsprcn 10 tbs recess Of
tne ivr'siainFe Of The State
The precise lsRgasas ~
Ard vseantes happen 81 fes snatian af other,S
se.,r ~ :. - eRssfure o any STATE. the en.