The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-30

al
s.bss ~ ps~ er gone Il \ ds1s not shsn exelease " ~
ali rsenAs the executive spposs sxt cE~srss anl The
legislative po~er alasl % exeieas1d Al The nex session.
that poer los forever ~ se thea exercised. and
have a vacancy which MI IL must be Admitted,
lhsa lhlnk hal The legislature cay oa The day al LA
hssi session. and sxseise The po~eI Of APpo.nment a.
the nexl Ii you do admit ths, II masi follow dat
case ike the present. there vacancy ~hasA nobody
caa n for The legislature Of the Stale authorized,
the hrsa place. 70 eed for AK yeals and ns oAy power
sxen 10 an the of accidental
= IN these words Which shall thea MI such vacancies
II that be exercised Al the hst session Of tbs lesisia
tae The power Is gone forever Al Is not then exercised
But nobody ia oontend that The then bs filed
The legislature may o1ii al H. cone an the
Of Mr. smith, Of Maryland The Legislature Of Maryland,
Mr. SmiLh In the following November If the Legislature
has this power and Jeff 10 ITS dsegeion as 10 tr
~hea ii shall be exercised, and i the right Of the sitting
member continues through the whole session. would Dot
after the Ad ournmant What IA there IN an ae
iOurnment wh5ch should terminate has right
am perfectly that The honorable senator from Del
the positoa thai The resolution Of Mr. titles
adopted ia the of Mr. Smith, il qualified by The ex
preston during the sesson;n ant e that II
the night Of Mr. Smith Aboald The honorable chair
Of the Committee the Judiciary, however tells us
thai point raised before the Senate, and not
considered al all. IL not The esesion not raised
and could mol be raised; and The worss during the
SION must be understood imply sneas the Senate meant
TO decide before them thai Mr. Smith could hold
has seat although the legislature IN session
hold that the direction Of the constitution this respect
is directory merely and that The legislative power Of the
State e 10 exercise the power Of appointment m Its own
discretion, when fl 10 make such appointment
suba then, that heohjct of the temporary appointment
beng TO interruption 10 the representation Of The
STATE, that appointment abscsce Of positive
yielding provision Of the constitution, must continue until
the race supplied by the primary appointing and
ask again, ~hai there The adjournment OF the
legislature which should affect that question: This posi-
on that the appointment with the executive cotro
the suesmatier, is inconsistent with the whole prac
tce Of the Senate from the ae when the question was hrs
ngtated down 10 the present moment.
The of the The committee, 90 mol
mlsfecoec took bat two posiens one Is the position on
which have been just commanding and the other Ia that
the Limitation 10 which FIRST adyerted applies 10 the ONCE
Having already spoken at length these Two posi-
ons may dismiss the report Of the minority OF the
committee But SIR, The honorable senator from Delaware
has advanced great variety of considerations, and 1t Is
doubtless nay duty, after having proceeded far have
gone, to advert TO has argument
The honorable senator from Delaware commenced by
saying that has Of the constitution which would
terminate the Office al the meeting Of the Legislature, had
the merit Of certainty. | copeede thai has the
merit Of certainty; but calm, ALSO that my poson
equally certain hold the limitation Of the office TO be
ls transcend the original Yscancy bat il ter
1nates whenever the legislative Of the State sees nj
10 soPersede H. La not that certain enough for all prac-
cal paposes When the fourth of March, which tsrfni
Mates the original term of oface arrives terminates the
executive appointment The fourth Of March is certain
N that respect any other, and not very difficult OF
ascertainmenL When appointment made by iegIs-
at1rs, and the of the apponiee presented
here and the Senate satisfied the language Of the
report of the committee The of Mr.. Winthrop, that
the vacancy filed by election and acceptance OF the
Office, the executive appointment That period
which may be regarded as susceptible al least Of ascertain
ment.
The from Delaware further insists and SO does
the honorable chairman of the COMMITTEES, that If my
misson speak with reference tins particular case,
does cease to be IA force the moment when The eg
ature Of Vermont completed organization, there
KNIT 10 Il; and this Of the strong arguments which
hey have used Nov, slr for what the appointment
NADER appointed 10 the vacancy accustomed by the
decease of MIR. Upham. IL appointment, The
face Of IT, 70 occupy hrs seat and discharge the dunes Of
off
mont should provide for the That 10 the tenor Of
my credentials. Viii be commended that fellows, from
the admission that may the unexpred Of
Mr. Upham unless toe Legislature interfere that there u,
therefore, irtatcn' Ii has been stated by somebody
do not know by whoa 10 article which have DIS
covered IN The papers uhAt the proposition - this: If
man I'll vacancy which be 10 eons1suionally APP
points1 does necessarily follow thai he I'll another
vscSncy 70 which he Is not appointed for really that
the substance of the argument Can any doubt that
there fkis limitation the appointment II So bow
gentlemen argue hEt this temporary appointment may
dUre for years vnlsss cut of by lnIaton which they
ace 4; TO npply 10 IT.
The honersbe senator from Delaware further, and
talked about ehangIng the constituency Of he
sad that the for winch ocatend sud
be the power 81 The State supervise the action
az the legislative body: that the Of the
oonsrston thar the executive should have this supervisory
power thar the erecurs should the slightest
control the Of the legislative body tins par
tczr. He talked also, Of the Improperly Of revising the
ttaroua arrangement and Psng the executive IN the
position of SUPERVISION. LET al this be conceded Il
matter which reed discuss The difficulty with
however understand how the senator from Delaware
makes that the position assumed BY produces
result How does he make that this the elect Of the
ennsurtoa Tor Nhirh conendi Is the power Of the
goEernsr haued long before the legislature called upon
70 sei Was the power Il The governor Of Vermont
exhausted uhsn he eass the sppointenf Sapposs the
egs.nfors her wisdom 10 e. act, o. cannot
act wgl the koaorsole senator tell ma how, and IN what
The o. Vermont supervision
that Legislative body and remedy .r omission o. du-
tyf Nhaf can hs DO Why Eir, he ppweess
q the Cars sr tes ing eighteen hundred years has
grave. Cen be nrol1ng tbs poiriuon II inei No sr
Can he vary eoct3 No ar Ifthe Senss should
decide the Etf IN forte
much beyond The resch q the % ycrmou
beyond the reach Of those 4ho pefshe the ao0d
How then, does the senafor rake that reversing
the arrangement u ne oossaoa and violating theory
BY the construction Which Pot uon Tins clause %
unesrStsui osrsnly do esl the force 81 the
honorable senator's arsumsnt ard perhaps Do not under
s,an3 nsaning; hu shoalt ZEE INDEBTED the honor
.sls Re would demonstrate how i thai
my construction o. the constitution ~ is particular
the Consequences Of Tacag The executive power ~ Pos
uon q Supervision and control the legislative power q
the State
MIR. President, there thar why
should harry through ths dscuson an hsusting my
s and Isrhsps very ftie parpcsc; bot ehooss that
he sgunent which rel % be my day greseni 70 he
senate, shall Sid way into prni, and that whenever
honorable have leisure end dlsp1sicn they wi
have the opportunity but the TINE
fer ound . hurry over =, end - conclude soon as pos
shl,
sbou, 70 say thsn there vas a cry q raw bead
and bloody bopes.T sf there great deal q ssrm
fs.od By bonorah, these prcfe
xnich Up the part 81 he State Of Vermont
Where y he fer alarm Have avery simple