Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1854-01-20

the Constitution at oil ; and according to the view
which l have taken of the matter, there was nc
necessity for such limitation. The appointment
rics with it its limitation. 1t lie, in the first
place, to fill vacancy II can endure no longer than
that vacancy exists. In the second place, II is a
provisional appointment, subject to the action Of a
superior authority-the Legislative power Of the
State. 1t is, therefore, terminable at any moment
when that Legislature has the capacity to act, and
does, in its discretion, fit to act.
These, sir, are the grounds upon which the claim
of my State to full representation here rests. 1t
will be seen at once by gcntcmen that if the argp:
ment far extended, it must turn at last
upon the simple question to the import applica-
ton of the Limitation in the Constitution. If that
limitation applies to the Office to the term of service
it unquestionably ends at the same moment that it
terminates the power of the Executive TO make such
appointment. If it does not apply, why then we
have express limitation in the Constitution.
The idea that the adjournment of the Legislature
terminates the appointment is nothing more than n
sort OF corolary inference from the idea that an
express limitation applies to to the appointment
1T, then, we are left without any express limitation
on the appointment the consequence is that are
to look to the nature and purpose of the appointment
and We are to have reference to that power which
may in its discretion, terminate it, In other words,
it can endure no longer than the vacancy endures,
and it terminates when the superior authority, by
supplying the place, or, in the words of the Constu
ton, filling the vacancy puts an end, in constitu
tional manner, to the temporary provisional ap-
pointment.
These are substantially the reasons, and not only
substantially, but altogether the whole of the argu-
ment on the subject. l do not know that | could
illustrate it, could add to it, if to spend
hour or two upon the subject; believe have gone
far enough to make the basis of the argument
derstood and if so, have effected the only object
which had now in vew-to call the attention of
the Senate to the real question which is presented
Ana | may be permitted to say, that, although
the manner in which this question was necessarily
presented 20 the Senate, is which might affect
the sensibilty of almost any gentleman, situated
am, yet l beg the Senate to understand that |
would not for n moment claim seat here upon any
other ground than for the purpose of securing to the
State of Vermont its constitutional right here. As
to the mode in which the question is brought up
here, desire the privilege of setting myself right
if may use set phruse-''bcfore the Senate and
my country"
came hcIe and occupied my seat. | did this,
Mr.. President with the advice Of others and you,
sir, aware from what that advice was de-
rived. That was the only manner in which the
question could be raised here it was matter of
necessity | could not petition the Senate for seat
Us member upon this floor. The Senate have no
right to give any seat. If come here, must do 81
upon the strength of my credentials-thc authority
of my State, Those credentials are already on file.
They are, the face of them, in force. There is
nothing at this moment the records of the Senate
which would terminate my duties here there is
nothing record which would authorize the Presi-
dent or the Secretary to erase my name from the
roll So far as the Seantc are officially advised,
there is and can be question upon the subject
But facts understood to have TRANSFERRED of which
the Senate has as yet official notice, which may
affect my right to seat here,
Under these circumstances, il must be apparent to
every one, that the only mode Of bringing the ques-
tion before the Senate, to appear here
bcr of the body, leaving it to my friends my
mics, if l have any, (Sevcral Senators. Not one.
to raise the question. Under these crcums stances,
believe those friends will do the justice to say
that when came here, | oamo with the question ON
my tongue, consulting with members in what man
it would be most appropriate to bring it before
- CA, tiust L may not De regarded AS
having presented myself here from mere personal
considerations, be looked upon in the light of
squatter upon this floor.