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

slt Legislatures would sometimes cs to perform ne duty
spjoned upon them Sir hnk is due 70 their character
for sasacy and wisdom infer that they did therefore
draw no such inference thai drawn BY gentleman the
Opposite side. hold that the power conferred upon the
legislature for making the appointment after the meeting Of
the legislature, power conferred not merely upoA the
who may compose the legislature its FIRST
after the happening of the vacancy, but upon the who
shall compose that legislative body at any te afterwards
IN session when that vacancy exists Therefore by virtue
Of this clause in the constitution, hold clear that the
legislature Of Vermont will have the power session
70 MI The vacancy and to make an sPpohmse, Of senate,
derive the power from that clause, know not where they
get it. My honorable friend from Michigan Mr. STUART
thought that they derived from some other part Of 'ns
seconsome other clause in the constitution Where IS
there any other draw from Will he infer from ne
first the third section which provides that the Sen
ate Of the United States shall be composed Of two senator's
from each State elected by the legislature for six years.
Will he infer the power 10 appoint Tor the broken Term
from thstl te
tor il he will let me ask him question at this point
Mr. CLAYTON. Certainly. t,.
MIR STUART VIII the senator state, II vacancy shall
happen while the legislature Is IN session. where IA ms
opinion, the legislature gets the power to fill IT. w
MIR. CLAYTON. am proposing % come to that very
point upon that subject with the opinion
by the from Missouri, Mr. GEYER, entirely But
let back to the point upon The legislature
has power to appoint for six years Does the senator
from Michigan derive from that Clause the power Of he
legislature TO appoint for shorter longer term than SIX
yearsi Will he contend that the Legislature has power to
commission senators for ten years. Not he. he IS too
sound lawyer to contend for such principle for
men Will he contend from that clause that The Legislature
has power TO appoint for two years Not he Them the
power appoint for broken term is not conferred by that
clausco witt the first in The first section Of the
constitution. Whence then, is il derivedi Why clearly,
in tho of broken arising out Of vacancies occa
stoned by death resignation, the power derived from
that very clause which gives the governor or executive OF
the State the power make temporary appointments and
the legislature the power fill vacapcea after has
sembled And as have said the power conferred upon
he The
and mako up the first legislature first legislative session.
but upon the who compose any subsequent session OF
the legislature if the vacancy still exists
Well, then, whence my friend puts the ques-
tionthe power appoint for broken term during the
session Of The esislaurc' My friend from Missouri Mr.
GEYER answered that question. II by fair and ire
ssbe inference from this clause ITSELF If the legislature
has power appoint fill vacancies caused by resignation
or otherwise in the the manifest intent 49, that the
legislature shall have power to fill broken term That
to follow fair inference from the clause. True
is, it is hut implication and may be resisted or denied
But may justly be commended that compelled to put
that construction upon else the clause entirely DELI
clent will not deny the right Of gentlemen TO contend
against that construction. would say however, that in
giving the constitution fair and liberal construction il is
derived by implication and would prefer implication to the
destructive consequences which would flow from an oppo-
site course.
But Mr. President, do intend 60 into this discus
greater length late the day, and the Senate
desires to know too, that the attention OF the Sem
ale is out with the discussion There many other
points upon which, there time would have chosen
address the Senate My convictions, from the brief
vew have already presented are that under these crcum
stances Mr. PHELrs entitled to his seat By making that
decision inconvenience arises whatever In opposition
remarks that thrown by the other side
might justly say that fair inference from the omis
of the legislature Of Vermont appoint senator that
they intended he should continue here But will not adj
dress such Argument, may be said by strict law
yer be outside of the record and desire 10 conpe my
self strictly the question: the principle which before
think that conservative principle requires Of us that
we should give Mr. PHELPS his seat think that vacancies
of this description may hereafter and they may be-
come troublesome. And the absence of single member
from body exalted upon which conferred powers
ours is great loss, not only to individually,
but the whole country. l always feel when vacancy
created from what cause, that have lost
brother couuselohat have lost friend in the perform
of the duties which enolned upon and always
regret it. And when find vacancy filed although may
know nothing all Of the who is sent here by the
State whose interests he represents, rejoice because
have another consult with the discharge of my duties
here. Our fill vacancies, bat prevent
thcm and, do eonscenioosy believe the great
intent of the whole third section Of the constitution to
keep the Senate full and to prevent vacancies shall give
my vote cheerfuly upon this question IN favor OF Mr.
PHELrs retaining hs seat.
The question being then taken by yeas and nays upon
the resolution reported by the Committee the Judiciary
that the Hon. SAMUEL s. PHEIPs entitled seat in the
Senate it rejeeedyeas H. nays 26ss published IN
the Union Of March H.