The daily union., 1854-02-12


think i presses legal fiction very far. in making the
phrase "unil The next meeting OF the LEGISLATURE" be
construed so 10 until The close OF the exslaive
meeting, unless they previously elect senator, and oh-
cally inform the Senate oi the election. yr
merely presume thai this has done under the fe-
gal hciion for there is principle stated in any report
accompanying precedent on this subject and no de-
bates. II they occurred have been preserved We have
the judgment OF the Senate, but not the reasons upon
which il is founded. admit there is no great evil which
could arise from The adoption oil tins rule except tnat
does certainly strain the words Of the constitution ms
however supported by precedent and continued prac
tee Before Stating the effect OF that precedent, VIII
advert for moment 10 what suppose may be the evils
arising from the construction given by the majority of the
committee IN this
II The views submitted by the majority Of the Commit
tee on the Judiciary be correct they give 10 the executive
OF each Stale the right 10 supervise the action, or rather
provide Tor The action, OF The Legislatures contrary 10
The manifest intent Of the constitutions They tend 70 re-
movea responsibilities grave iesponsibilitytrOm the
Individual members Of the Legislature, who could not well
answer to Their constituents Tor leaving the Stats unTep
resented. This is done by allowing tho connaanee OF
the apponee in the senatorial sea under the previous
executive appointment. The construction, therefore,
tends TO dsoganze the State legislatures. in reference to
the election OF Senator's wherever there are two or three
parties personal factions in legislatures and this ten
dency 10 dlsorganizalon consider great evil II you
supply the appointment by an extension OF the tenure OF
otce under this construction, you are giving encourage
ment 10 each individual legislator not 10 act in reference
to The election OF senator unless he can elect the candi-
date OF his personal choice.
Does any gentleman doubt what The experience has
been, and what il will be, under this or any other gov
eminent as 10 executive influence allude not, OF
course, 10 the present for moment, when say
that executive appointments almost invariably the
result OF personal friendship; and, in fact the executive
appointments OF senators have, in most cases been su
perseded by Subsequent legislative action. The danger
which you have 10 encounter under this prOongation OF
the tenure OF The Office OF the executive appoinee 10 thls
The executive power The State necessarily has great
weigh, with The Legislature. and may oflentimes be sun
clent 10 prevent election when il cannot induce the
legislature TO elect The who has been placed in Office
by executive favor. The constitution confdes the power
OF election the Legislature; and il condes 30 clearly,
that BY the common acqnescence OF the whole country
though governor, by the constitution OF Stale, may
be branch OF the legislative power, 80 lar as 10 have
qualified negative upon the laws in every other instance,
yet no governor has attempted TO lake any part In
| the legislative election OF a senator. H
One OF the evils. therefore, which might arise under the
construction Of the majority OF the committee is that
shifts the constituency and gives room Tor intrigue and
corruption arising from executive influence on The State
legislatures. with view 10 prolong the term Of the ex-
ecuve apPoinee when il control sufficient ma
loy OF the legislature TO reecct him by the proper con-
sltnency II will and II must often occur. that tne dis
agreement with reference 10 the selection OF senators re-
lates TO The qualifications OF the individual, apart from
his consonance Of opinion with the predominant party 10
the legislature The object Of the constitution y, that
the political weight OF the State, as State, shall be rep
resented in the Senate through It's Legislature; and you
Tend 10 defeat that Object If you suffer small factions
mere third parleslo keep up state OF dsoganlzaton
which may continue the executive apponlee N ihis
body, and thus relieve them from responsibility 10
their constituents which falls not heavily as II the
seat left unrepresenied BY their fatous action.
Suppose a case, which has often occurred IN tht
Un,on, OF goverHor OF one cast OF political sentiments
elected by his personal popularity and he appoints e
senator individual of the cal opnions The
legislature subsequently, assemblies entertaining an cnre-
ly different political creed. have reference TO par
ieular parties in his but 10 The general dvssn OF par
ties which must always exs, IN republic Ihe iegisa-
ture be unable 10 agree, from difference OF opinion,
to the individual 10 be selected may be that some
third faction exists In the State which prevents abso
lutte majority The part OF either OF the great parties IN
The Legislature, though there may be decided predomt'
nj hat. n,tt h. tha Ind
construction OF the majority of the committees the tempo
rary apponiee OF the governor who might be directly op-
posed ~ bus political sentiments 10 The people OF bis state
would bold over, faction would be triumphant. while
shielded from It's proper responsibility to the people,
which would otherwise arise from leaving them par
lually or entirely unTepresenied in this body.
come now TO the precedeBs sustaining the third IN
terpretaion which suppose TO have been adopted BY
the application of The legal fiction TO which have Feier-
red 10 the meeting OF a legislature,
On this point there to have been some msappre
hension. The precedenis in the proper fense OF the
term are not so numerous has been supposed There
is but one precedent, Chat oil Mr. smith, OF Mayand)
bat the practice of the Senate under The decision made in
that case has uniformly accorded with II TO the present
time In no other case has the judgment OF the Senate
been asked upon the same question, until that OF Mr.
Winthrop; and then, after debate the report OF the CON-
mttee aud various resolutions offered disposed OF
by laying the whole subject upon the table No thirty
forty decisions have been made though 1t 10 true that
senator's appointed by executive authority have without
objection, been permitted to retain their seats in the Sen
ate until under legislative appointment ap
peared. or his credentials presented. When the
question arises in similar 10 that OF Mr.. Smith, IT
will be time enough TO determine whether the decision
then made on ght To be followed With me. the uniform
practice would weigh far than The single precedent.
the authority o which much impaired by the fact that,
far appears by the journal OF the Senate be never
held his alter the decision made. Whether the
determined ailer u debate as stated IN the
report OF the committee, and by the honorable senator
from Indiana, Mr. PGrrrT1 we have no evidence but
il is very that no record Of that debate remains,
and far as ! ascertain from the journals, or any
other source there appears have been little. II any dis
cussion, before The vote taken. The came be-
fore the Senate the 10th Of May, 1902 upon letter
from Mr. Smith, presented by the President OF the Sen
ate requesting the Senate 10 determine whether he could
retain his under executive appointment afier the
meeting OF the legislature of Maryland, which had been
summoned TO meet the ensuing nth day OF June, oya
proclamation OF the then governor OF Maryland
On the day when this letter was presen'ed tnere APP
pears 10 have been short debate; bat no resolution was
offered and no committee appointed TO report upon the
poned until the next day II again twice poaponed,
and came before the Senate finally upon the 9th Of June.
On that day taken up, and the following resoIu-
ton-nol from committee but his individual respon-
sibhty-wss presented by Mr., Giles. OF Virginia. and
adopted by the Senate;
Rssoiprd That the Hon. Samuel Smith, senator sp-
pointed by the OF Maryland to I'LL the vacancy
which happened in the office of senator Tor that Ssae, h
entitled hold his Senate OF the United States
during the lof the legislature OF Maryland which.
By proclamation oi the governor of said STATE
commence the 9th day OF the present month of June,
unless said legislature shall m such vacancy by the ap
poutment 0 senator, and this Senate be officially in-
fortued thereof"
ioprnaI does shoyv fbaf deha,c took