Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1854-03-31

Legislature to supcrs,de or to reaiIrm that
appointment. If they do not supersedc 1t,
the fair inference it, 80 far as any may be
drawn, that the Executive appointee repre-
scnts the political sentiment Of the LcgisIa-
ture and Of the State; and ut any rate that
they are Unable to elect another more acccp-
table to them.
Looking, then, at the language Of this pro-
vision of the Constitution, and having regard
to It's Ubvieus purpose in connection with the
rights and interests of the States, have at
least satisfied my Own Judgment that this is
the most reasonable, the most just, and the
most natural construction that can he put
upon it. | will add, moreover, that this pro-
visional clause, pertaining as it does to the
right Of representation in the States, its OBJ
ject being to secure to them full represen-
tation In the Senate of the United States
against incidental contingencies, like rem
edial statutes, should I've construed literally;
so construed, as far as its language will ad-
nit, as most effrctually to accomplish the
beneficial end in view, If it's language were
of doubtful import, it should be construed
most favorably to the States.
\ full and equal representation in this
body at all tlnies, is Oiie Of the most impor-
tant rights, as well as one Of the highest
privileges, guaranteed to the States by the
NOnhtltutlOn. % CAREFUL were lts lTiincTb u
guard this right against infringement, that,
in the fifth article, defining the mode of
making amendments to the Constitution, they
add this proviso " That no State, without
its consent, shall be deprived of Its equal
suffrage in the Senate"
trust that in no case and no manner, will
this right and privilege be abridged by arti
fetal or forced construction. We are not
asking you to " create IA Senator" " for us
but we ask you to allow us to be represented
by Senator created by the proper authority
under your Constitution, whose appointment
has not been superseded, and whose term Of
service has not run out by the limitation Of
the office,
The decision of this question affects not
| the present case alone, but all other cases OF
q similar kind which may hereafter arise and
they are like to occur with more frequency
with the increasing number Of States, and the
consequent increasing number of Senator's,
and, perhaps, | may add, with the increasing
number of political organizations. This is
not question for Vermont alone, but for
every State in the Union. The present is a
most favorable time for the impartial iudg-
ment of the Senate upon it. The duplicate
preponderance of political strength upon the
opposite side Of the Chamber, and a CORES
ponding feebeness of numbers upon this side,
repel all apprehension, which might perhaps
be entertained in a more equal division of
parties, that political preludices or predilec-
tions can enter, in the smallest degree, into
its consideration and decision.
Mr.. President, have felt it due to the re-
lations in which stand, and especially due
to the State in whose behalf am authorized
to speak and to act here, to express the views
| entertain upon the question before the SEN
ate The case having been brought before us,
it calls for the action of the Senate. claim,
in behalf of my State, that my colleague is
entitled to retain his seat upon this floor as Il
Senator from Vermont fIe was duly APP
pointed. The vacated term to which he was
appointed has not expired. His appointment
has not been superseded by legislative elec-
ton 1t was not terminated by the meet
ing" of the Legislature, you have long and
often decided. 1t was not terminated by the
adjournment of the Legislature by any words
or by any theory you can torture from the
touched by the action, much less by the non.
action of the Legislature.
have said all intended to say, or deem il
necessary to say for the present, ON this ques
ton. The views have ventured to expires.
are the convictions Of my own Judgment.
have expressed them with some degree, | hope
not an unbecoming degree, of confidence, yet
: with the most respectful Difference to the
dissenting opinion Of the learned Senators o
the minority of your committee, and of those
concurring with them. | have expressed them
with the more confidence, however, since
find, that upon the main point in discussion
they accord with the views of the ma jjority 0
your Committee on the Judiciary, and o
other learned Senators, whose opinions upol
questions Of Constitutional construction ar,
entitled to the highest consideration. With
out pursuing the argument further, submit
the question to the consideration and judg
ment of the Senate.