The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-19

the obvioss meaning Of TIE language employed aaothes
s the Obvious purpose and intent oi The provision and
tbifd L. The construction which, BY consent or
b. authority has been placed npon the language and r
practice by that body. which the Only BODY authorized
20 pronounce suthouialyely upon he susectthai
say, the Senate OF the United States
Nov, SIR. on former occ4son reversed some whai
the edeT OF these POINTS. 4 began with saying That
Temporary OF PROVISIONAL appointment The absence OF
ans express Limitation upon il. limited only by The
purpose OF It's cfeaion; that when that had been fulfilled
aud lhs purpose 70 be answered BY u had been attained
thea, OF course, u ceased. and not before Ia other
words, coniended that the effect and OF appoin
meHt OF this character commensurate win the
eessiiy which called forth. II apply ihis general
rncrle the provision OF The constitution substantially
nls thai, order tn prevent interruption the rep
eseniaion OF State The executive shall have power TO
make appointments OF temporary character which ap
poihmenls inisnded 10 prevent break interruption 10
the representation Of the State the Senate. sst,
less qualified and restricted ey The constitution, endare
anhl Toe purpose OF the apolnnsntis - falls answered
in other words uniJ the appointment itself super
seded hy The action OF the primary appointing power
n1sd luNifalr lass idea take i tor granted that
understood. Thea, the question is. simply thus :
whether there be, n the Constitution Itself, any express
limitation which cuts short ths provisional appointment
before lis object and purpose iay and eneciually
saered: And this leads 10 something like Criticism
upon the language Of the constitution.
Well. sir, what Is ihe language empioyeds II IS that
me executive which, according 10 he present ofGaDl
zaiioD o Stale governments synonynoa with The
Term governor, . may make temporary appointments"
Wa, is The plural anmber used Was contemplated.
expected oEntended THAI several ooiemporaneous a
ponimeats should be Made-tat plurality OF senators
should be appointed 10 I'LL The seat No win
con'end for ihs. Why, then, the plural used
SIMPLY tor THIS reason, that the exgenees OF tie
might demand successive appointments, bapsened bui
short In the State OF South Carolina One
gentleman was sent here BY executive authority from
that State lat be died in short time afterwards, before
the meeting OF The legislature and became necessary
to make second appointment TO the same place. The
o5ec, In view using the plural number apparent II
was TO provide contingency lest, by the deceSse
resignation OF TIE person first appointed BY The
i've. racancy might occur which power could NIL II
enable keep the State represented
by giving bim power appoint second incumbent when
The hfsi appointment alied. The result then, is this:
The cosiers power the executive 10
be exercised, IRON ime may for
unlii The meeting of lhe legislature
Now, whal IS the limitation " Unsil the meet
lug OF the Lex stature" Upon whom is that limitation
inposed The governor has continuing power 10 be
exercised from ume 10 time. occasion may require
and then couts the Limitation That when The saure
heb the primary appointing power Tor, If gentlemen
Ihe phrase winch is the constituency Of
a.or) meets, then the governor shall longer
tins power l! coDsuit the object OF the prov
If we co-suli Its language, hnd thai SIMPLY
clause conienng the power upon the in
this unl the period shall arrive the power
The subject uoa another body aad then
exsi cise Of TIE power h.s part superseded
One OF the emharrassnenis which | encounter grows
out OF the circumstance thai geEilenen oi distinguished
ability, and OF high standing, and lolg experience here
to whom have alluded have advanced opinion uon
this sabIec,. with degree OF confidence which
TO challenge the APPRECIATION and creeence o The Sen
ate The gentlemen viii not understand me i'm
puiing lhem disposition dog gmaze; sui l must
say thai heT opinions have oeen expressed with de-
gfee OF confidence winch would seem Indicate thai
those opanoAs 10 be taken upon ras' Rot much
Tor their intrinsic soand1ess upon the credit OF The
endorrsTs
But, sr. TO an unsophislcaed mind what Is ihe result
OF the which have taken ahai IS The aci 10 b.
done which limitation applies The governor may
make appointments WHAT'S The idea involved ia this
expe-slon The sorernof - 10 designate the ndiv daa
wbo Fo tie time being : To ocsnfy od3cet aied BY
the constitution ltse, whose powers and duties linz
rd aud defined BY The constitution and ibe governor, 10
making lhis appointment, does nefe Ministerial act.
he does not create the urlce II be dd-Ii II a
emanaf.on iron him OF his power the executive
authority OF the StaieI be adniued that all depn
istons OF delegations Of authority cease with ne
tlon OF the source IRON which ibey Bot 10 tbIs
he ofcs created by the Constitution. The
merely authorized. certain to desg
nste Tie individual who shall hll It temporarily; and
when The governor has made ths sppontmeni, hls APP
poiniee independent OF him ali particulars Al
be had elected by The ieg lslatve power
The idea thai he limitation IA question has refereace
TO The dafaton OF The of.ce Conferred 10 nave
arsen hoD The l1xtaposIon OF the words
ing the word "anulr win the word appointments +"
bu, The word appointment, in the instance.
c0mmissions n you attach 10 the word sppointmens
thai nsAnlag-lhe meaning whca attach 10 ,a
common paTiagce, Gben speag OF th- Presidents ap-
poaimenis srin4 for iOaf yearssou make oi
the Constitution No sI; the lerm Appointment, used
the constitution, merely the oi the governor
des zhaling TIE lnaisidGal. IL goes farther. s
theTrlore idea oi xacb duration > 10 be predi.
caled--sn sel wAieh Boi susceptible 81 darsion
Mr.. FOOT. II il The u conerriug The office
Dir PHELPS. II 5, my colleague states, the mere
ministerial aei o. cOnernhg tEe 0rhce Nov, When you
come TO examine The Limitation, what does refer 10
Tue governor may make Observation-Disclosures ap-
pom meus-for such must 0e the meanfbg Toe gov
may make uaess successive appointments untl a
eeran period. when he power the suDIeci
because the iegisiauve body-ibr primary appointing
20 osers IN a eoDGaoh 10 Bul, slr. our dBiy
lt Can. the eoHsntat0n a. 10 make II
stnsiae, ana n0s 10 make i nonsense
Now, ar, all nast adnt aud believe that IA he va
roas opinions Which have been txFesed here al DO al
mi. ibzt me hmIaioa Limitation upon the 70 ser OF
he governor. Whether - also Limitation upon the
duration q ne ONCE = tie qaesuon under discussion II
spfs= 70 The trecaiive power. upon what reasoning
can Be made % sPpiy also tue oarsiion o The cee
The power ol the governor making APPOINTMENT is
tbtng The duration o the Office another, ard a
ven disiluci matter How, Ihen, be male out thai
he fiiaiIon upoH one VI matter ol be
regarded limitation upon the other Ihe expression
authorizing IT,. governor me poinitaents does
not i. ,l-e inyOiye the dsraon oi TIE appointments
Nb.n thsre - Limitation uPon the exercise of ,his
power by the goyerRoF does necessarily involve the
duration OF this otceP ihink not
fhe ifafners Of The Constitution were probably Ia
maf with The coffscl 81 he Ehgiish language a.
and ubea lbes undertake 10 6shae The cafzoa
OF appointment ol isls character hsy vefy differ
ent language ihey snuepard the Bot only
dental vscseces The ssecguye aeparneB; and 10
sneh toe Pfeslagpt OF me Umisd States authoi-
snake appointments duthg the Of the Ser.
ate And Gaze, where the Constitution attempts
10 dehue sm dalalioa a such obces. itmred
70 the close o the sslpu II TIE fRen OF The Inns
ton IN this 10 lint The duration or the coniRu
a TIE Office un The close The hegHnns II the
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