The daily union., 1854-02-12

report by committee; can De
extracted from it, and OF string OF pre-
cedens. many of them being Inapplicabe TO the
then under debate. Unfortunately, report OF that de-
bate has been preserved and le to infer The
sons OF the decision from The state OF facts upon which II
was made.
From that time The Senate have adhered to the decs.
ion in Mr. Lanman's which is in accordance with
the manifest intent OF The constitution. with one exesp
ton. When Mr.. SEWER. OF Arkansas, was elected a
senator IN October 1885, for six he drew lots with
bis colleague, and the short term fell 10 him. making his
term expire on the 80 OF March following. The egis-
alufe Of the State of Arkansas, which had been adj
mied INTO the Unon not anticipating such result had
cumstances, appointed Mr. SEWER for the term. He
appeared at the special session 10 claim his seat The
question was referred to committee, who reported that
they recognised The authority OF Lanmans case. and the
propeiy OF the decision but thought this TO be an excep
ton TO the general rule inasnuch the Legislature OF
Arkansas had never had the opportunity Chat Is the sole
disncon) 10 act upon the question. because Mr. Sewer
had drawn for his seal after the Legislature had ad
ourned Having clear opinion that the decision IS not
IN accordance with the constitution, and that the dlstnc
ton upon which proceeds is goundless, should cef-
ainly no, accede 10 If similar should By any ac-
cident arise But the case recognises the principle, thai
where The legislature have once had The power 10 ap-
point and made election, deficiency in legislative
acon canno, be supplied by an executive appointment.
From 1901 TO 1895 the practice OF the Senate under the
decision In racys adhered 10, OF suffering the
executive OF State TO appoint 10 full term, unless the
Legislature preceding the commencement OF The terra had
made an appointment That was ovenued BY the Sen.
ate in Lanman's case, notwithstanding practice OF
lg..Il
In the case OF Mr. Smith, we have for the first time
the doctrine asserted that the words until The next meet
ing OF the Legislature" anything else than lis or
IgaDzaton--that IT means not only It's meeting, bat It's
Duration stands as single decision BY the Senate
but sustained by acquescence, and the practice under IT.
from that time down 10 the present The question was
again raised in the oil Mr.. Winthrop and the de-
clson OF the Senate in the oil Smith, and the
ice under it, is alone relied upon 10 the report OF the
committee in that That report is. however, adverse
to the right OF the claimant in this case There was
however, no decson By the Senate and the whole sub
jec alter prolonged debate, ordered 10 lie on lbe
table. Various opinions expressed. Many sena-
tors agreed in the opinion which have expressed to-day
some-noi many-expressed opinions which would sns.
tain the report of the committee in the present case
Most OF The who took part in the debate seem
disposed 10 adhere TO the resolution reported b The com
mittee in the CASE which accords with the decision 10
Mr. Smiths case Ii was, however, treated as an open
question. An honorable senator from South Carolina
MIR. Rhel offered, amendment, a proposition
which would conhGe the senatorial tenure OF oice un-
der an executive appointment 10 the actual meeting or
organlzation OF the legislature l. was sustained BY
distinguished senator from Georgia, Mr. Berrien OF
the ables jursls IN this country, in argument as
think, very difficult 10 answer. This shows. Mr. Prcsi
dent thai the precedents have settled this matter and
that the Senate in lS5 considered open question:
As have previously remarked, il will be time enough
to determine, when similar 10 that OF MIR. Smith
arises, whether we shall adhere to the decision then
made But whether that be adhered to or overruled
negatives in the terms OF the resolution then adopted
the right of the honorable gentleman from Vermont TO
retain his seat upon this floor since the adjournment OF
The intent OF that resolution is practically illustrated by
the OF hlr Smith in absaining from any claim 10
seat in this body after its adoption and the adjournment
OF the legislature OF Maryland No other reason can be
assigned for what would otherwise have been aban-
donmen OF duty on his part during important session
Of Congress than a conviction thai his tenure Of office
terminated by the decision of the Senate upon the
adjournment of the Legislature. Another evidence OF the
intent and elect OF the resolution then passed will be
found The tabular statement of the OF senators
and OF the classes which they belong, which is always
appended to the ourna at the close OF the session In
that statement appended to the journal at the close OF
the session OF Congress which adjourned June ~ lS09
Maryland is stated, in the column which contains the
Of whose terms expired in 1885, having
one vacancy. and Mr. Smiths is not upon the list
OF senator's III you turn, however, TO the Journal OF
1901 in the table appended al the close OF The executive
on the 4th Of March, you will find Mir Tracy's
terms expired 10 1907. He then held only under ex
ecutlve appointment, by virtue OF decision OF the Sem
ate, manIfesty erroneous and which has since been
oveTTued.
If Mr. Smiths tenure OF office had no, terminated with
the adjournment of the legislature of Maryland, the
oh Of June, 1902 according TO the resolution adopted by
the Senate the sixth Of that month, as 10 its DURATION
should have found his in the list of senators at
the close OF The session. as election was made by the
legislature until November following.
In conclusion, for the reasons have given entertain
profound conviction that neither principles, pIecedens,
practice sustain the resolution reported by the
mittee. have consumed more OF the time OF the Sem
than intended in the discussion OF this question,
and this has perhaps arisen in part IRON vicious habit
OF amplihcaon and repetition, into which lawyer is apt
10 fall forensic Efforts Another reason may be tDat
attach great importance to the decision of the Senate in
this case, involving il does the correct construction Of
the constitution.
Habit has its influence upon public bodies well
upon individuals and the Senate fall into the habit
OF careless and loose constructions oil the constitution
OF lis sections, though the effect OF that may not
be seriously injurious in the particular yet the habit
may lead loose construction in reference 10
vital provisions, involving more serious results.
look upon the perpetay OF the institutions OF this
country par dependent upon adherence 10 true
construction OF the federal constitution Not that would
adop, what is commonly called strict or liberal con-
structon but rational construction OF the instrument
according the natural and import OF lis words
applied TO the subec-maer, and the objects for which
framed.
The federal government is a government OF limited
powers but ii we approach the construction OF the con-
sttuion under which il organized, strict constfuc-
onsts we run the risk OF bias which deny powers
intended to delegated and which be benehcia
exercised by the several States; and if, the other
hand, there is predetermined intention to give liberal
construction, encounter the still greater danger OF
enlargipg the powers OF the general government by i'm.
plica,ion, 30 that il would overshadow the States and
the Union perish from the want OF sufficient check
against the generalization OF TOO great power, and the
wide. spread corruption which would inevitably follow H.
II would crafty me personally to vote in favor OF the
resplu,ion reported by the committee bu am acting
udicialy, and py vote must follow the conclusions OF
my judgment.