The daily union., 1854-02-07
CONGRESSIONAL.
DEFERRED DEBATE.
WEDNESDAY, FEBRUARY /, 1854
SENATE.
THE vERMoNr sKkAToRsHl

On motion BY Mr.. PETITE. the Senate proceeded to
the consde of the resolution reported IRON Tue
Committee the Judiciary. afirmag The right OF The
Hon SAMUEL PHELPs retain his seat IN The Senate
The PRESIDENT. The senator IRON Delaware Alr.
BAYARpI is entitled 20 The door upon this question
Mr. BAYARD Before | proceed 10 address the Sem
ate upon this question this morning. desire 10 stale that
The honorable senator from New Hampshire, [Nr VIII
LIAMsl who 10 one OF The majority o the committee
reporting this resolution, hss slgnhed to me his desire To
make very lew remarks explanation OF The report oil
the majority. As it will only oecoyy shor, me /
cheeriully yield the Aaor him before proceed to the
further discussion Of the question, with the understand
ng, OF course. that shall proceed when he has
elnded.
MI WILLIAMS. Mr.. President, il Is no. my purpose
10 eater INTO The discussion OF the resolution before the
Senate That is safely and more properly lett with
others As member Of The committee reporting the
resolution desire merely to correct some inaccuracies
which appear the adverse report pfesented by the mi
uor,y oi the committee Ii is stated in tha, report that
the majority OF the committee ask that the words until
the next meeting Of the legislature" shall be construed
10 mean be,ond the next meeting OF the legislature
Nov, so lar from asking lhis construction Of the words
referred to, conendei BY the majority OF the commit
Tee that these words nave 10 relation whatever 10 the
case before us any reference Respect whatever
the time duration ot Office bu limited in their APP
pication to the time IN whch appointments be made
by the executive The clause in be constitution hich
provides that II vacancies happen, by deah Resignation
otherwise, during the OF the legislature oil
Saie, tie executive thereof may make temporary ap
pon,ments until the next meeting OF The legislature.
wach shall then hil such Vacancy, has attracted the
pose, and has received from them, sisce the ogan
cation OF our government, ve,y different constructions.
The words contained IN ;Lis clause OF doubtful
and eQuvocai impor not having that clear and definite
meaning which preciudes misconsuc,ion and difference
Of Interpretation. Some suppose they contain inila
non on the power appointment and on The continuance
duraion OF the othce conferred by the appon
while others conclude that the limitation is applicable
only TO the Tine in which the executive may the
appointing power, aud make appointments, and has 10
relereace Whatever the Term or duration OF the office
the Y III
aslconclusion may not al the first view be apparent.
critical and careful examination OF The Clause referred
10, II will be found sound conclusion, and fully
ranted oy lair aud grammatical construction OF Ian.
guage. The word or adyerb :. un in that clause or
sentence, qualities the word or verb make, and In that
relation only hx the time in which the executive may
make appointments and is bot Used 10 determine The Pc
riod Tor which the appolnee shall hold his seat under a
temporary sppoiutment and has no respect the period
or Duration o u Office, aud imposes no limits whatever
upon il.
Temporary appointments made by the executive under
this clause Of the constitution nave ever heen construed
as appointments made 10 endure until the
pfed. or The place occupied b. the Temporary apponee
could be const,utioaaiy hiied by the legislature
inis ls not ihe interpretation put on The constitution III
the minority report but is The Interpretation placed upon
II 0y the Senate IN the cited by The
NIT c. and Is IN harmony with the letter. sIr, and de-
slgn OF that sacred instrument Ihis construction has
tooong been approved and sanctioned 10 be reviewed
and departed from. unless The evils arising from il lnpe
riousiy demand cnange OF Interpretation. The minority
report advefis 10 a evil that may arise. ii The appontee
10 tnt OF DIS state;
senator elected tor Years, or 10 I'LL out the vacancy
lett OF an unexped term, be as liable 10 misrepesent the
people executive appoiniee, either oil whom are
iurner removed IRON tbe aud more nJepeudea, OF their
eoaol. than the senator aIpoDted by The COVER nor,
otlce be The peope through lhslf
representatives whenever They meet!
The debates oD lhe constitution fully demonstrate that
those who adopted Il expressed tser Tears that the
Der OF members 10 The Senate might prove too iled iot
The numbers IN tie House, aHd their pro-
vide Tor Toll representation IN The Senate iron each
State; and 10 prevent, lar practicable, any failure
o admin account OF vacancies IN that branch
Of the government To carry out tbs desirable object,
We conclude that this clause OF The conslulion " hieh
we have under discussion, was undoubtedly provided
This conclusion - generally admitted and 10 me. a
se oobstfuchonsi, as unwilling 10 violate The consu-
ton as the honorable senator IRON South Carolina can
be, appears reasonable, just and Irresistible. In OF.
DEF, however 10 derive authority IRON tins clause OF The
Constitution 10 effect lis lnpose some contend they must
give 10 It's language technical aIthcia construction
which they ATE unwi ing 10 adopt.
III 50, slf, aud doubts exist against construction re
gsfded sound. arising IRON criticism, to which language
by s uncertainty exposed. let the great fundamental
rule Tor The adjustment Of OF doubtful construction
be applied by giving This clause OF the constitution The
Interpretation Intended by its framets The object OF pro-
yjing for Temporary appointments By the governor viii
then be obtained The sp?ontee Will retain bis seat m
the Senate tai the vacant term expires or The vacancy
u hled BY the Legislature and the benefit oi all doabi-
will be gwen where they belong-in support OF sale
Peeedenls, aud OF the rights and representation o q
sovereign State.
Mr.. BAYARD addressed the Senate a, some length
Ills speech is reserved tor revision