The daily union., 1854-02-07

edition they furnish subscribers svasss.
political complexion. A vacancy has arisen. tempo
rary appointment is TO be made BY the executive. The
leg stature meets The duty OF the Legislature, under
The constitution, to nil that vacancy But suppose that
there Is overwhelming number IN The house Of repre-
ssn,aves in The lower house. or by whatever name II
be called who elected by the people, and whose
politics are entirely different from those OF the senate
holding Ihe, sir, that we are 10 hold out .
dc encouragement to the senate TO refuse to 10 INTO
election because the public will OF the State Will bc
msrepresented, and continue man IN thus body who
entirely to represent the views oil mat people
whom he Is sent here TO represent and therefore 70 add
some OF the difficulties that sometimes arise, because
the egisatuFetom positive nducement forbeAr 10 0le-
charge the duty imposed upon them by the constitution IN
order 10 advance the party interest represented Dy the
senator holding overs
Mr. President, II my friend Mr. PnELPsl satisfy
that these views wrong 81 lar as nc personally
concerued shall rejoice al H. believe with my honor
able friend from South Carolina, Mr. BUTLER. that II 1t
depended upon the Senate ray, matter OF choice
whether he should fill the place this door which he
wonhiy occupies, there would not be dssent-
ing voice in this chambe But that ia not the ques-
ton We have 10 decide this question Of constu-
onal right Ii he 10 entited 10 retain this place. then
the unworthy and tie most Objectionable man. under
circumstances the most mpsoper. such a. have already
advcrled to- may be authorized 10 hold seat upon this
floor from session 10 session and from year TO year. We
resist the conclusion, sir tbat the Senate hcret0
fore has been mistaken with regard 10 the true Pur
port OF the constitutions and that the true construction 70
be placed Hpon is that with the expiration o. the ne
ccsity expires the appointing power, and the term OF
those who hold under the executive appointing power;
that the constitution has always recognised Il that
by the term meene" intended session, by the in
esabe consequence that. though the senator holding
under the temporary appointment. has the right to seat
during the whole Of the legislature, the next ses
sion. unless superseded by appointment when that
session ends. bis right TO seat necessarily ends Ihe
necessity is gone under which he held The full fime OF
the period contemplated by The constitution has been
given the general electng power-the legislature
They have failed whether from fault misfortune
whether because they could agree, because one
! hnu pnul1
because both parties refused TO discharge the solemn
duty imposed upon them by the constitution and BY their
adjournment upon the appointment which had fts whole
orgin and had its whole life, and had necessarily,
therefore, its continuance measured BY the accidental,
casual necessity oat OF which II sprang.
Therefore, MIR. President, as al present advised win
the greatest reluctance 80 lar as the gentleman from
Vermont shall be compelled 10 vote sgaiust
the resolution eported by majority o the committee.
| Mr. CLAYTON. Mr.. President, II | thought that this
discussion best calculated 10 elicit IRON the Senate
lencs but entertain very different opinion in re-
gard 10 ii. We have now heard three consecutive
speeches. and very able from gentlemen opposed 70
The gentleman from Vermont holding bis seat; and Me
proposition that made yesterday BY the gentleman
who claims his that he should reserve ns agu-
nent I'LL the conclusion OF the discussion, and then give
IT to US ia full submi, that thai unjust both
TO the claimant and 10 ourselves. think we ought TO
hear the aggumen. OF the gentleman who calms the eoAt
m instance, and then, alter having heard ha.
discuss the question ourselves. II we concur with hm,
so; II dier iron him, show the reasons why ~
differ But, s, if this is proceeded in. It 10 evi.
dent that nearly the whole Senate Will express tne-
selves on one side or the other before the views Of tho
gentleman who has examined this subject. IN a proba'
bilny thoroughly than any o u.s. have been pre-
sened behalf O. his clam II must be presumed haI
the gentleman has anned this subject much more n0r-
oughly than any OF trust, therefore. that the
course will be adopted which, think. has been adopted
IN other cases OF a similar cbarac,eT-hat tine claimant
for the shall be heard fully In the rs lnsances and
then those who differ shall reply, and others who concur
shall uphold him and then, al The close oil the dehaes
hp ia taIri
trust the gentleman himself has not any insuperabls OBJ
ecions goiag with the debate, and that We shall
now have the privilege OF hearing him.
i Mr. BUTLER. Oae word upon the propriety OF the
suggestion OF my friend from Delaware II 10 not usoe!
Tor members whose seats are contested TO min&ie q AZ
in the debate, according 10 parliamentary ueake but
when it proposed that The honorable gentleman who
claimed his should be heard IN the hfst nsance
yielded, and he was heard lie was also heard before
The committee and willing 10 hear him nov. At this
time, well the close OF the discussion would
have il undersood by any remark which has Deen
made by the senator from Delaware, lMr CLArroH,1 n,t
there is any disposition 10 deny him any courtesy which
should be extended 10 him
Mr. CLAYTON. do not believe there is.
/ Mr. Blu TIER Such this would not allow
the applicant be head in Parliament; but according
TO parliamentary usage, we would be bound. having
agreed hear him. 10 allow him the privilege OF being
heard al the beginning and al the end o our delbea-
tons He has already spoken once and I'm pefecsly
willing TO bear hin again. especially because OF the act
that The q commIee have reported IN n's iayor
/ Mr TOUCEY Mr.. President, not having been pres
en the sitting OF The Committee on the Judiciary when
This subject was up shall desire very briefly to express
my before the Senae al some time before the vote
is aken had intended TO do so this motning, but the
floor has been preocouped. and am willing TO give way
to the whose seat Is contested, he deslres 10
order that he may address the Senate before the dscus
sion is concluded the part OF senator's. should my
self hese hear hin before express opinion in re-
gard TO the lille lha, he has 10 his seat tFE
i Mr. PETITE. MIR President. merely want TO say
that think my associate the Committee on the Judi
csry is mistaken ia reference TO precedents do not
know that prepared to speak OF precedents in
III thu nj
elections but. so far the other end Of the Capitol 10
concerned, where have had considerable experience.
having mingled in debate where al least hall dozen
contests have been brought before the House, il 10 The
uniform practice TO hear at such lime suits contestants,
their arguments and views and have never known Of
a refas sal to bear them,
] Mr.. BUTLER. do not decline TO hear the contest
ant. NOBODY objects to hearing him. was only sug-
gesing that, according 10 parliamentary usage, he would
have right TO be beard.
Mr. PHELPS proceeded to argue the question at length.
His speech published IN the Union oil the 5th inst
Without concluding, h. gave way to motion 10 adjourn.
n NJ lsl Col ntAM