The daily union., 1854-02-05
CONGRESS IONAL.
sPEEcH OF hon. SAMUEL $. paELps,

SrEECH OF HON, SAMUEL y. I4LELfSs
VERMONT,
On his right to rstaa 10 the Senate delivered IN
the Senate OF the Uhi.ei States, Ihursday, February
2, 1854
= Mr.. PHELPS Mr. President. have yielded to the
suxxestons on side aud The other IN reference 10
ths propeiy OF my presen,ng my views 10 the Senate
n tie the close OF the debate but am per-
iecty of the great disadvantage 10 which would
be subjected by fesetyng views upon The suhoc un-
iii the discussion has been concluded Sir, have seen
too much OF he opera,ions OF the hnn,H mind 10 ina
gne thai. after seIlleHen have committed themselves
BY the EXPIRE sion ci decisive views on The subject, II
Il 10 my power overcome their convictions, to say
nothing Of heir Psnie Of opinion. have pseeyed tha,
toe result Of the conse which aeqaiescei yesterday
at Suggest IN OF the honorable senator from South
Carolina, Mr. buTLEK,J was 10 ioecose the afsumeat
Mr. BUTLER dad loi intend It.
Mr. PHELPS certaliiy no.. bnl, perceivng such 70
be Tue resn,, a ready 10 perform what deem 10
be my duty, and present 20 The Senate at this time the
views winch entertain ufen thss very important con
sttational Quest nn
resented as ne question The alarm has been sounded
tha, the peirnslOas SET !ouh in thus involve
novation ugon the consl!sutona breaking up OF seilied
foundalonsa disturbing oil the setied consfueton OF
the constitution STR arpiehend no such consequences,
The pfeenons get u m the Case should be sanctioned
By the Senate.
new case In principle II is old aud my pus
pose, the remarks which propose 10 submit 10 the
Senate, is, not 10 show that the course heretofore pur
sued by the Senate is wrong. that " originated in mis-
apprehension Of tie constitution but 10 show that the
uniform action ot the Senate, from The lime when these
questions st agtated TO the present time. has
tablished that construction OF the cons tuition which
would entille seat This floor IL is question
OF constitutional construction In coming TO conclu
sion upon il we have three sources Of information
three guides--which are tue following:
We first to take the literal expression OF the
silu,on, and consult lis obvious meaning
In the next place. TO lose sight OF the
tue and purpose and object OF the provision under con-
sideraton.
In the third place, we 10 avail ourselves OF the n
tegence which has been bestowed heretofore upon the
subject, and take the precedents as guide.
These three aids The aids 10 be consulted in the de
termination OF the question before Us.
Now, sir although admit lha, The case itself is il
one OF lis features, new, by no means admit that The
claim now presented BY me IS in aBywise nconssten
with solitary decsaon oi the Senate from tue
OF its hrst organization down TO the moment OF ad
dressing H. shall enteavor 10 show that The rule o
Construction which has always been adopted by this Sen
ale sanctions the claim which now put form TO sea
this hoor.
the trainers OF the constitution TO lose sigh
Of The msnlies, purpose and object OF its provisions
What was the object OF the provision in Quesiiosi Why
kH, 10 begin Will the constitution provides ior The organ
xAun OF th.~ body-ior representation by S,a es
II goes on 10 provide tbai that representation shall b.
elected by the legislative body OF The States. The fra
nefs OF the CONSTITUTION anticipated what has beei
termed accidental vacancies |, was kno1n 10 them,
anticipated ~ them. lha, the legislative power
the Stale WAS not al Ways IN condition to The
anticipated aso The casualties which IN gbt vacate sea
lhis body ans sIceivpg, with reference 10 The rea
tive ct this house aud ths oiher branch
ts 0soDai ssase, The importance that every Stat
should b. fully represented here they proceeded pro
tor The accdentsl vacancies by conieing upon
executive OF the State the power supply pro tsmpors
and pr vision ally. The vacancies.
Nov, -ir, pfoceedtns no iurtner, and governing our
selves BY geDeral pI,ncipes what would be The naiur
aud edeet OF IN sSeenive appointment IL is pr
hmpo's,s provisional, appointment lis purpose Is L
prrpetaate continuous representation OF the Slate
10 prevent nson OF that representation Like al
other appointments OF tue character, from the very
ture and purpose and object OF these provisional ap
ponnebts, they are supposed 10 be IN force onl thei
purpose iulhIled. In snoif, they continue TO h th
gap the representation. aud carry what eyi
IDENTITY The intention oi tue irnmers o! The Constitution
continuous representation This is ibe conclusion 4
which, think, must all come II consult mere
The nature and purpose OF executive appointments
There Is veiy obvious reason why the irames OF h
constitution should have been soIieuns upon ths point
The equal representation this body was doubtless 10
tended acounsrposs 10 The numerical Influence whct
prevails in The other House II therefore became doubly
Important orIer 10 preserve what may balAHc,
Of The oohstston, ibai the smaller States especially
should always be iuily represented here
Now sir, upon general principles, uill IL not be admit
ted that the duration OF Temporary provisional sp
potniment should be co extensive with the eklgencl
which calls for IT! II the Appointment il the result
necessity, should IL not be made in force tar ha
sxlgency eKlsisf ShoulI expifs should Il lefmln
before bad entirely fulfilled its purpose IL ohe
words, should terminate unul superseded and provided
loI By more regular and paramount esPrcse ol pcwer
Now, lake this OF the cise AMI preseat II II
the outset, because the argumen aheb am called upoI
70 encounter here - an Argument dfsNn ifom what y
supposed 10 be explicit. positive nperous proyisot
OF the consultation. Wei, u Il be soil II be uge tba
The constitution has in ~ express imposed nita
lions upon The Office conferred by hs execave appoint
Ien-iheH, oil course, we all submit 10 thai mpegiou
and nnyielding provision. the last man on earl
who would innoya,e upon that Constitution I am NJ
frend TO innovation. tfust dat Instrument will SUI
uye he ~rsiched empyrcism, and ianatelsu. and folly
and, may perhaps add, tue do~nwafd progress q
the II there ts any Who ln0krHp0n thai instu
which never should 5o rpeddied With.
iainpsred with by polilical smpyrelsm, that
and God forbid that personal eteusons my part
any pfeiensions IN behalf ol The humble STATE which
profess 10 represent should innoyaie hairs bfeadil
upon this sancty oi thai Inslru nep.
Bat am met wiih the Argument lea IA serbia est
Thus is ~. npor oil the precise language oi the cOns
tuon Su, Il so written ihs IL The question snt
this ls the question which make with honorable seus
tors who have expressed their the Other ellie
and have founded themselves upon what they
the express language OF that instrument. What doe
lhv constitution sas--9hal does il mean That IA ID.
les ffmae inquiry or toe present occasion.
Sir. may here remark tha, OF all The arguments ad
dtvssed By gentlemen on the other side. the result il
simply what have just suggested. Something is said
70 be sure, OF the theory OF the constitution, by wtct
the election ~ seat IN this body ia vested primarily
The leg Isalnfe oil the Safe That doubtless The The
oy Of The constitution. Bat the constitution does no
stop With putting forward bis theory TIE trainers M III,
Constitution hsvs made the posIsion uader when TOOL
my seat here former occasion, and under winch
claim il now ney have pronounced that, howeyel
object onahle may be the execi-e Of this power ON In,
prt oi the executive. IL ~ infinitely 10 he preferred
islure oi representation. The trainers OF the constiu
bon have said 10 many wors, that when the legiss
tive powers he exercised 10 prevent vacancy
The power shall be vested the executive, alosete