The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1854-01-18

that there is nothing in the Constitution
which tends to terminate the appoint
mcnt at the adjournment of the Lcgis.
lature. II the Limitation applies at all,
it applies to the meeting of it, and must
apply to its commencement. lis organi-
cation, and capacity to act. That it
means this, is perfectly apparent from
the fact that We all admit that this linn
itation does apply to the power of the
Governor and, as applicable to that
the appointing power of the Governor
it must meau the commencement, and
not the termination of the session.
But, sir, shall not violate my prom
Use. | am not disposed now to 90 into
any formal argument, by way of illus
tration or reference to precedents, IN re-
gard to the question. My only object
is to advise the Senate Of the grounds
upon which the claim to the scat here
stands And l will merely add, MIR
President, that. according to the view
which | have taken of the Constitution,
there is no express limitation to the ap-
pointment made by the Governor in
such case ] say there is no express
limitation in the Constitution ut all
and according to the view which l have
taken of the matter, there was no neces-
sity for such limitation. The appoint
mcnt carries with it its own limitation.
It. is, in the first place, to fill vacancy.
1t can endure no longer than that va
cancy exists In the second place, it is
provisional appointment, subject to
the action of superior authority-the
Legislative power OF the State. 1t is,
therefore. terminable at any moment
when that Legislature has the capacity
to act, aud does, in its discretion, sec fit
to act.
These, sir are the grounds upon which
the claim of my State to a full repre-
scntation here rests. 1t will be seen at
once by gentlemen. that if the argu'
| mcnt were ever 50 far extended. it must
turn at last upon the simple question as
to the import or application Of the linn
tation in the Constitution If that
limitation applies to tho office, to the
term of service. it unquestiouably euds
at the same moment that it terminates
the power of tho Executive to make
such appointment If it does not ap-
ply, why then we have no express llmi-
tation in the Constitution.
Tho idea that the adjournment of the
Legislature terminates the appointment
is nothing more than Il sort of corollsry,
or inference from tho idea that all ex-
press limitation applies to the appoint
mcnt If. then, we are left without any
express limitation on the appointment
the consequence is that we are to look
not to the words Of the Constitution for
its termination, but we are to look to
the nature and purpose of the appoint
mcnt, and we are to have reference tt
that power winch may, in its discretion
terminate it. In other words, it can on
durc no longer than the 7acancy endurcs
and it terminates when the superior au
thorty, by supplying tho place, or in tho
words of the Constitution, filling the "a
cancy, puts an end, in constitutions
manner. to the temporary or provislona
appointment.
These are substantially the reasons
and not only substantially, but altogeth
cr the whole of the argument on thu
subject | do not know that | could il
lustrate it, or could add to it. if | wcr'
to spend an hour or two up the subject
believe have gone far enough T.
make the basis Of the argument under
stood; and if SO, ! have effected the or
" object ! had now in view-to call tn
attention of the Senate to the real que'
tion which is presented
And | may be permitted to say, tha
although the manner in which this que'
tion was necessarily presented to tn
Senate, is one which might affect til
sensibility Of almost any gentleman, 81
: uatcd as ] am, yet beg the Senate
understand that | would not for a mt
l mcnt claim sent here upon any othC
ground than for the purpose of sccurln
; to the State of Vermont its constitution
l. al right here. AS to the mode in wh'c
y the question is brought up here. desiI
c the privilege of setting myself right
l. if | may use set phrase-"before ii
= Senate and the country"
c | came here and occupied my scat
+ did this, Mr.. President, with the adyi'
a of others and you, sir, are aware fro
IS what sources that advice was derive
L That was the only manner in which Il
N question could be raised here 1t was
IL matter Of necessity | could not pei
tion the Senate for scat rs memb
u upon this floor The Senate have
right to give any seat. If | come hc'
> must do So upon the strength of n
'e crcdcntials-thc authority of my Stat
n Those credentials are already ON file
n They are, on the face of them IT. fore
&c There is nothing at this moment on I
~ records of the Senate which would t.
IL inmate my duties here there is nothi
er on record which would authorize t
o. President or TIVE Secretary to erase l
C. name frcm the roll So far as the ST
y, ate are officially advised, there is a
o' can be no question upon the 5,
H. ject. But facts are understood
have transpircd, of which the Sen;
IT, has yet no official notice, which may
c" feet my right to a seat here
n, Under these circumstances, it must
% apparent to every one, that the OF
,,r mode of bringing the question before
ii. Senate was to appear here as a mem|
70, Of the body. leaving il TO my friends,
co my enemies, if | have any, Several 5
Lo AToRs Not one, to raise the Iuestl
od Under these circumstances, boli
ah those friends will do me the justice
~, say that when | come with the quest
Of on my tongue, consulting with memb
in what manner it would be most apI
IN pirate to bring il before the Senate
nat Sir, | trus, may not be regarded