The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-18

no' cces one 10 take his place Suppose all this should take
place who's TO complaint The power OF appointment is
certainly constitutional power and the determination OF
The tenure OF that appointment otherwise than by the action
Of the legislature Is forced construction of the eonsu
uon, because you do not find in the constitution You
may say you do find il there yet the language to which
you refer does not that because the
word "ant' does not limit the tenure Of the office il
merely recrs to certain event. the meeting Of the egsa
iure, and does not limit the Office ALL And the reply
OF The State TO you II insisted upon that construction,
would be you sitting member out because
the event upon the happening OF which his expires
has not yet oceorred and we think our legislature good
judge Of the time when they should exercise the power Of
hlng this vacancy airy other body can be. ri q
Where, them the great HARM the great injury result
from settling this matter IN this way Why, party consd
ea,ioas have been introduced ather have been
presented here, which lead suppose that this settle
be reprobaed only because OF the fact that the po
tca parties Of the State may be differently situated after
the executive appointment from what they before or
IN other words may BIS supposed that the governor in
making the appointment, did represent the wlof the
people And what if be does noti The people certainly
have il in thsr power elect Legislature that will repre-
sent their views; whose political sentiments will be in
cordance with theirs 1t will do TO complain that the
people may not be willing elect legislature that Of
e same political character with the governor and that there
fore they may sustain the governor and thus continue tho
apponec in his seat for that would be but another express
SION of the popular will If they with the APP
pontment, we have right to complain the State would
be represented, and nobody would be injured thereby
Mr.. President there really very little 70 be said upon
this subject after The very able arguments which have been
made here But for the purpose Of CHANGING
what scraps of material for consideration were left than
the purpose OF presenting any extended argument Of my
own rose only for the purpose Of throwing out these
views, that gentlemen may reflect upon them
what great harm will arise in thus settling this
of opinion that the trainers of the constitution attached
Importance the fact Of the States being represented
than they did 70 the in which their
should be chosen believe that the important subject
with the convention that they felt the necessity for the
States being represented in their sovereign capacity They
sdered that in that view the States all equal the
smallest with the largest and should have the amount
OF representation the Senate Of the United States and
that matter Of vital importance that that equality
should be maintained And when they framed this clause
OF the constitution, they designed in my opinion that
should contribute far possible keep the States fully
represented And therfore after giving to the Of
the State the power to appoint in Of vacancy during
the recess legislature and limiting merely the time in
whichh shall exercise that powerthat Isl the
men made shall be superseded upon the happening Of
certain event. But there fixed period of time within
which shall expire 1t the happening of certain event
which s to determine the right Of senator appointed
occupy seat here. That not having happened in
this case my opinion for Isl that the appointsc of the
governor entitled to occupy seat here, and that Vermont
Is entitled 10 be represented here. &1
The PRESIDING OFFICER, [hir. ADAMS in the chair
stated the question to be upon agreeing the resolution
ported from the Committee the Judiciary, stating that
the Hon. SAMUEL S. PHELPS, Of Vermont was entitled to
scat in the Senate Of the United States.
Mr. BADGER l. would beg to suggest, if gentlemen
not disposed to continue the discussion of this question at
of the question ITSELF that it should be settled by
full Senate Many gentlemen absent, thnkirg,
suppose, that the question would be taken to-day.
SENATOR. Move an adjournment
MIR. BUTLER Oh, no lie; US have the vote now.
MIR BADGER. was about to suggest that if by gene
raj consent and if the debate is through the question could be
taken Monday, al O'Clock, would be likely TO
have much fuller attendance than we now have.
SENATOR Why not say tomorrow, at one o'clock'
Mr.. BADGER. Tomorrow lie priva,c-bl day How
ever, have objection to saying tomorrow, at one
O'Clock, if wosd be the general understanding that
shall take the vote at that me that is if the debate
through.
Mr.MASON. / have no objection in the world to the
suggestion of the from North Carolina [Mr. BAD
GER But the gentleman from Massachusetts Mr.. EVER
EFT told this momng-and that led me- so far am
concerned not interfere with the deba,etha he would
be called away from the city for few days upon
occasion IN which he takes great interest would wish
to know what would be satisfactory to him.
Mr.. EVERE 1T. Ii would be great accommodation to
if the vote could be taken to-day it, in the opinion of
those necessarily interested It, il could be taken this
time if by general consent, the subject could be post
poned until Tomorrow at one o'clock and the vote taken
then, that W uld accommodate me just as well.
Mr., BUTLER Let us have tie vote now.
Mr.. BADGER. We what be DONE at all
events. Let the Sergeantatams go TO the committee
rooms, and he may find many members.
The sergeantatarms accordingly directed to seek
the fenators IN The Capitol and notify them that the vote
about TO be taken
Mr. FOOT called for the yeas and nays upon the ques
ton; and they were ordered accordingly.
Mr.. CLAYTON. As we about TO take the vote upon
this question-to which have objection, pre-
pared 10 give my vote upon beore the yeas and nays
called, will state very briefly the reasons for my vote
This subject has been fully discussed as to render
hardly necessary for me TO say much about IT. as very little
could be expected from any entering into the de-
bate. At this there but few senators in their
and there is little prospect Of my being able TO
make the argument that should desire TO address to this
body, that feel under the circumstances embarass
in rising TO say word this time. very few
words however perhaps due from this OCCASION
Some OF my friends for whose opinions entertain very high
respect have expressed views upon this subject very differ
ent from those which entertain My colleague, Mr. Bar
ARD who has very ably discussed this question: ~ one Of
them tho homo cable gentleman who is the chsrnan OF the
Committee the Judiciary Mr. BurLka is another and
could name many others | will not omit, by any means,
the honorable gentleman from Michigan, [Mr, STUART
the brief remarks which he addressed the Senate And
rise explain the Of the difference between
those gentlemen and myself
Ii that commission, in the shape Of letter, adj
dressed by Esus Fairbanks governor Of the State Of Yer
mont, 10 the Senate flies, by which we arc IN
formed that Mr. Purlrs appointed SENATOR to supply the
vacancy oecssioned by the death of Mr. Upham, until
shall he appointed elected by the legislature OF
Vermont Now If the governor Of the State OF Vermont
had tho power confer upon Mr. PHsLrs the right 70 hold
here after the Adjournment Of the legislature oil Yer
mont provided they did elect, he has done so There
no doubt that that commission ample for all the pur-
poses that the constitution warrants The question: then,
is whether the constitution warranted him IN granting such
commission that. That il the only question There
are two clauses the constitution Of the United States
which for these purposes may be considered as in par
eyia, One is the causo Immediately under consideration,
which directs that f vacancies happen IN the senate during
tho Of the legislature Of State the executive OF that
State may make temporary appointments until the next
meeting Of the legislature, which shall then MI such vacan-
other clause relates 10 offices held under the gen