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


stances US exist IN this the senatorial should erm
at the end OF the session Of the legislature
The question which has been discussed 50 much is,
whether the limitation contained in this case relating
ators limitation the power TO make the appointment
or upon the duration of the appointment, The position
taken by gentlemen who contend that the applicant is not
entitled to his seat in this j. ths They say the mean
ing Of the clause that if vacancies happen during The
cess OF the legislature of State the executive thereof may
make temporary appointments continue until the next
meeting of the legislature hic shall then ILL such
ces In order to establish their sound
they are driven 10 nterpoate the words o continue IN the
clause, when they do not exist there. The constitution
makers never put them there II they 10 be drawn nom
the constitution, they be inferred from forced
construction put upon the instrument by the gentlemen who
contend that the member from Vermont is entitled to his
seat they have as much right to insert other words
N order give construction and meaning 70 the clause as
these two words 'to continues The language is "nay
Legislature"
But gentlemen driven in the course Of the argument
g contend that the word Injecting here ueana the
thing as session" Now put il honorable senators
possible that according to fair construction Of the
stituon with reference other clauses using the same
words You can put such construction upon the nstru-
ment' The senator from Vermont IMr Foor] yesterday
referred 10 clauses in the constitution showing that
whsnever the trainers of thai instrument used these words
injecting Of the legislature, meeting of Congress, "meet
ing of the Senate they intended convey very different
session Of the legislature Of Congress session
OF the Senate" BY the word injecting lhey used it, they
me ant clearly IN every case the day Or time Of the
venng OF the legislature Of Congress Of the Senate the
case may be- BY the word session" they the whole
term, il is applied Consresshc whole or the
session Of Congress embracing two years. for the two SEES
SONS are commonly called session. end consd-
cred in the eye OF the law Now order what the
trainers of the constitution meant by injecting" and 'sca
sion, beg the indulgence OF the Senate to read
three short passages from the "Anayssof the consttu
ton
"MEErMc.-The Congress shall assemble at least once
in every year, and such meeting shall he the first Mon
day in December, unless they shall by law appoint differ
ent day."
Will any man tell me that the word "mec!ing" there
means the whole sessions No win pretend to such
absurdty Ii is limited by the words themselves the day
or time OF meeting. The honorable from Virginia,
Mr. MASON, in his argument to-day, if understood him
rightly illustrated this point by reference religious
meeting at meeting house Why, sir, the
analogous The word "meeting according to every die
tonary to which the gentleman refer has different
meanings and whenever It is used IN the constitutions refers
to the period OF the first assembling Of the body which
applied whether that body be Congress- Legislature,
or the Senate. But again:
'MEErNc CoHcREss Thee census shall be taken with
in three years Of the first meeting Of Congress"
Then regards the word session how does the con-
stitution make use Of that wordi
SEssoNThe Congress shall assemble at least in
every year. and such meeting shall be the first
Mondayn December, unless they shall by law appoint
different day."
SEssoNNeither house during the session of Congress
SHALL without the of the other adjourn for
than three days. to any other place than that in which
the two houses shall be sitting"
SESSION" that case the whole of The session,
not the injecting" But again:
'SEssroN.Senators and representatives shall, in nil
except treason felony and breach of the peace be
privileged from arest during their attendance at the session
Of their respective houses and in going and returning from
the same. -
In this instance again. Session means the whole of The
session and not the meeting. But
"SEssioN SEsArE.--Thc President shall have
power fill up all vacancies that may happen during the
session of the Senate by granting commissions, which shall
expire at the end of the session.
repeat the reference these clauses referred by the
honorable senator from Vermont (Mr Foorr for the very
purpose for which he cited hemo show that when the
trainers of the constitution used the word netting they
invariably intended should the assembling the
first of converting the first moment Of the gathering
together of the body; and when they used the word
sion they the whole of the sitting of the body,
whether II be three months, one year, or two years.
Now Mr. President if it be sound construction that this
period Of appointment terminates at the meeting Of the legs
aturc, clearly terminates the first day Of the meeting
thereof Without doing violence to the plain words of the
constitutions it is impossible if that sound construction,
extend it beyond that first day Of meeting WELL has
that been the placed upon the clause by the
Senate of the United Statesi la about twenty seven
twenty EIGHT cases, think, the Senate has by unanimous
consent acquesced in different construction In the case
of Smith the question decided In al tho other
referred TO IN the reporto The comm''ee Of honorable sen
aiors who have been here upon the floor with usi think1
counted nine ten who had a here with me- and
questioned their right seathey sitting in
direct violation the principles contended for by gentlemen
Who maintain that the applicant IN this case is not entitled
to his scat
Nov, know very vii hath Senate Of the United
specially submit honorable that this judicial
question: and that the consideration Of Judicial question:
the Senate of the United States ought have the
spect FOR precedens, for it's former decisions, for it's
established usage and constant acquiescence that court Of
the highest character should have for its decisions For
myself propose, in the which sho give, stand by
these decisions understand them They have think,
after investigating the matter thoroughly as can,
,ablished the principle that the appointment does not ter
the meeting Of the Legislature but continues beyond
il. Now my friend from Michigan Mr.. Srusnrl says,
that 10 that it does continue beyond the day OF meet
ing, but il continue beyond the day ofadounment
terminate then. Then, it is during the session only
that can Ice continued during that part OF tho session
when the legislatures fails TO make the appointment Let
US briefly look into this.
Great stresa has lcdsnd very properly, because
there pausbiliy in upon the argument OF the honor
able gentleman who said that these words (which shall then
6l such vacancies" exhibit the intention Of the trainers of
the constitution have been designate the time within
which the legislature should appoint and consequently
within which the executive appointment terminate
Now look that There Isl say pausbily IN the
Argument but think il is unsound; and think IL is un
sound first, because the inevitable effect Of il must be to
adopt the construction to vacancies an the Senate
when the object the primary intent the great meaning OF
the whole clause was FIJI vacancies and TO pertn vacan-
ces.
The word Chen has been commented upon critically and
perhaps hypcrcrtcay, by honorabls gentlemen u has
been contended shep" Sat tat time ~ and ha
if il does confines the legislature to the very moment Of
their Meeting and not merely the day. but ha allows
them mc they and do their duty at that time
that the meaning OF the word then ihey perform
i, 20 m,tan when they assemble Now, that Is almost inn