The daily union., 1854-02-05

how the expression eeing OF the Legislature car b.
made synonymous, by any rule OF construction, with th.
Repression adjournment OF that leg isature II
10 me that mat IL Ierverson OF terms | have now
given the Senate brds.eye view OF that case | tnaS
have occasion to refer 10 the views there expressed
late portion Of my remarks. ! will no, do il now
| was about 10 proceed 10 anoTscr inquiry and thai
was, not what merely had been the opinions of dsn-
guished men upon lh~ subject, but what has lhs
action oil The Senate But do not wish 10 60 into thai
matter this evening wish, however 10 say this by way
OF explanation After all the comment have had upon
me Maryland case-of Samuel Smh--we have had ba
hali OF that case brought before One important and
decisive vote of the Senate upon that occasion has
been presented And the honorable senator iron
North Carolina, Mr.. BADGGR,l who Ingeniousy en-
deaVoed 10 dispose o that precedent by the idea that The
beginning OF session the end and the end the
beginning, had examined the proceedings OF the Senate
upon thai occasion, he would have found another reso
on. besides that OF Mr. Giles which bears too decisive
~ upon this question 70 be disposed Of in the ii
which the honorable undertook to dispose of IL
wish to advert Tor moment to the proceedings oi thu
Senale upon that OCCASION showing vote OF the SeBa,s
which. IN this discussion hitherto has not been presented
at all This is the account of The proceedings that
casion:
The letter from the Hon. Samuel Smith, Of Maryland
mir Giles bniued resolution, which was amended
..R,soiued That the Hon Samuel Smith, senator a D.
pon'sd by the executive oil the State cf Maryland i
vacancy which happened the office OF senator IRON tha
Sae, enled TO hold his the Senate of the United
States during the session OF The legislature o Maryland
The 5h Of the present month, unicss
said legislature shall fiji ,al vacancy by election, and
pslzs this Senate by Official Information thereof"
That is the resolution which ultimately passed. and
he oniy one 10 which the gentleman from North Caro-
na IN the discussion lar, has iii TO advert But
there is something more, and wish to call the particular
attention Of the Senate to it
son motion BY Mr. Anderson, to amend the resolution
by sking out all alter tho word resolved and inserting
tne following
rhat any who holds under executive
pon,ment, cannot according 10 The Provoas Of the
sntton be ened hold his member of this body
after e mtHg Of the legislature OF the State from which
such senator may oe sent"
Now, what was this propositiona There was here no
attempt give the construction to the language of the
constitution that the word meeting the end oi
the session OF the legislature. No, sir; Mr. Anderson
adopted the very language OF The constitution and the
proposition was, that that Limitation expressed in the
consution, consrue il as you please applied TO the Of
ice of the sitting mber. And what was the result
Iha. proposition negatiyed And what does that de
csion mean Gentlemen will tell you that that occasion
Inc Senate decided that the term meeng meant ses,oa
And when this proposition made il was equivalent
to saying that The senator from Maryland not en
lied 10 hold bis seat alter the session closed Now il
you give that meaning 10 The word '.meeng," that was
The proposition And what did the Senate do with il
Why, SIR they negatlved IT, Now, will honorable sena-
tell that lhe Senate that understood
ihe term injecting" TO be synonymous with the word
"sesson !" Will they tell me that when this PROPOSE
uon OF Mr. Anderson was made it meant that and al
though the Senate negaved H. still the precedent
my position What else does II mean Why. il means
simply this that The limitation "unll the next meeting
oi the legislature" does no, apply TO the duration of the
office. The proposition was Inat ii did apply The
of the Senate that did mol Now, will gentemen
attempt 10 make ou, that the precedent is agains, me
II they say that The term meeGg means the end oil The
session. what will thew do with tbe decision OF the SEN
ale Did not the Senate pronounce that in iha
sense the limitation did moi apply 10 the Office OF the sill
ung membere II you interpret the word meeting"
denote The beginning OF the session. and suppose
have been so underslood on that OCCASION the result il
he same. The limit does not apply 10 the office Gen
uenen have ASSERTED With great confidence that this Ia
nous precedent OF The Maryland makes against my
claim Well, sir, take The whole aciioa OF the Senate
take mol only the resolution which adopted but the
proposition which was nesatived-and think that even
lhe Ingenious senator from North Carolina Mr BADGER1
will be Troubled to make tha That decision of ,hr
Senale on that occasion IS against my position.
Here the bonorablg senator. without concluding gave
way 10 motion % postpone the further consideration o
the subject until Thursday. the oh inst