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

stiaaon lue csfuncate of Mr. bucaAnnG, ccseaagy oi
tussou lake 4 il is 90 aad not 70 .ae any gIs4I
rArnns shows ~ ne resI Of sakind, ~ish TO caA shs
At~nton o the Senaie 70 hal clause Of ths consdat ion
which has been quoted tn order what he sdverb
nn' q"T,nss y slrikes ne mar Il quaihas me VERT
ray appointments until the me-ring OF the iessa
ciAnse means that The the legislature meeis his
power 10 make appoinnents expires ceie
h Ill ss 4 rss ns aes sss o s. .l y
ms oontnnsnce Of the in oee, bar simply quail
gossrnor and La anri lie issisarars msss ihes he
power is vested IN the legislature That strikes
prstaaon Of The constitution 1t does
incumbent On the legislature make the appointment the
sent ns the usual evidence of their action,
tasr duty 10 perform"
Mr.. PHELPS. Now. viii my colleague be kind enough
to a4S1 the remarks OF he senator from Nisconsin, Mr.
Mr FoOT read as follows.
"I take lhe sniil the clause does not relate
serve, bur il descriptive only Two periods OF time
within u WHICH periods the governor may appoint,
egislalurs shall appoint What the reading the con
srin Jon
ring OF The le aue Of any State the executive
thereof may make temporary appointments until the
THAT Il al much as 10 say thar the executive may make
temporary appointments until the legislature
the legislature shall ii s1ch vacancies Ii
GEAR hat The constitution inends by usng
periods Unit meeting OF the Legislature
te Of the State shaA fill aud that the egi.lz
fare shall til i consequently, the word unlP has nothing
whatever 70 do with qualifying the term OF senator
u seems 70 nae that the constitution wond clearly
press what intended II ad and vacancies
happen, by resignation Otherwise during the
make temporary appointments unil the legislature shall
meet bat, aer the iegisiaare shaiI have shall
Temporary appointments IN The plural is used II
no say temporary appointment take thAt this
suppose the governor makes one appointment 70 6 ,he
I lies Aoe,u
accept he appoint again Suppose be dses does
accept governor may smother appointment
q the period Of the next Of The lexslanre Tue
constitution declares thai legislature shall then fill
vacancy Ii this be me ne consrucron f fe onstjtu
aon where find ourselves The governor OF Mas
achases has appointed temporarily ali vacancy. The
necessity of making appointments has devoved pom
him The Eed by his appoinie~ The iegis-
afac has nei and they supPanr ne slttng member Now
having appoined, does The seat reaaa
flied until the exsArnfe saay proper exercise lis
be contrary were nv nrss inn
pressious reading the report of tue Jndiciary
Suggestions. ihat may be considered
ny Older mem bers Of The Senate
MIR PHELPS. Tho senator from Texas lMr Rusxl
also took part that sehae VIII my colleague read me
extract. which have marked, from bis remarkss
Mr FooT read MIR Rusxs remarks. as follows:
According the construction which are disposed
put H. the meeting of the legislature the
daaon OF appointment; you take me clause
keeping "a view also, a. think dea
Of constitution keep the erst nied
"a Hos thea senator apponssa oy shs
executive be Superseded The eonstisaon PROVIDES
VITO just retired was entitled 10
hold isan he meeting Of the legislature, aad until
legislature Ead hrd HE vacancy Here clause OF tie
consStao the object OF winch andeniably 10 keep lie
STATE o. MassAchuse well every oher State. .eprs-
seated in he Senate Of me United States Thar 10 be
ore By enreaiise appointment until the The
vacancy. Has me vacancy been hed Sappose The
or who has been elected arye accepts Tue been
EneEi has not exhausted ITSELF"
MIR. PHELPS Now. my colleague will please read
h.
chairman Of The Committee on the Judiciary.
Mr. FooT read as follows;
aMr. BurIKK ] pslpabie propositions The
proposition Of iroai Georgia vacancy
4 6ed by he executive, and that The apposn
meat 'erDinaes oeoa re nesias q The lesi.aiue Now,
years He resigned his seat and ioos place 10 the
cabinet UPon p, reslgnaon me power deyoyed apea
Vacancy Tbere 90 saeh ansaas- n The constitution
You cAnuot find u 10 the constifuton that fiji
vacancy There are tso different sdmnisatious
the poser, and he power Is administered ms
Wy Inc e1eeuuFs - - e = - - - % - -, =, ~. - ~ y
70 OIL - Vacancy n ne true sense Of iae wod-bGi
places hn there 81 "a assigned period TO take The
q aRlux ne residue d q ar Wcbssr. Tbere
tbs pfopOsiuch y = plaza onr u choose 70
- n - sngusae IL present ersae. m remainder
Ms wEtsfoP saa bad he present estate, wth the
remainder over % Mr. Ranloai. suppose
The vae4ucy bs filed, IN laoi the gentleman
from Wi.coasia MIR WALkrk sgIons4fod b. the lesss-
atur~ The elimination o tbe Term 81 The sovrrnor's
tassAn thc easafnfe nett M honorable irieud ffoa
GeofEa has 81 cenlsnded mus ae permitted say, with
- nrr a. al 81
4 i agans, he lnienameutss The uon which pre-
~ ppos that every hs presented this Aoor
~ Teo SENATOR'S. THIS the iufendHont And when the
executive PUT perrcn IN thaf he him there nnt
he eslaiire should al ihs vacs1cy occasionsd by lbe
rtsivuatioM of Mr. Webster The legislature 6led that
vacancy by the appointment 81 Mr. kaHtoni the
cufivr only appotn Cd gentleman hold he nnfIi
he vacancy shoala be hled That j. the lain common
neaniag of Tbs cousiafion, according my
strucfluu."
Mr. PHELPS The senator from Virgins. tAir Ma.
son sho has innaied desire participate in ihis DIS
cussou, also expressed bis views on thai Will
my colleague read them
Mir FooT read The following from Mr. Mssoss re-
marks
.'Tbe original poxer bring Deposited with the ie9ss
II the Stses Of temporary ponf1enrs
vpsied she rxeraive. be exercised oniy
proy apPolufng power is sKisiinx And had
text ~ the clause limits the power OF rrrcp-
exsuug The language Of constitution thar the
sxecpuvt mhy make temporary appointments de
nexi meeting Of the seg gislAtare
" submit, then, wta psrscr conhdsnce thar the sord
uni u rntnded % INIT the period withn which he
ecptve appoiBi. ard limu norhlns else TIE ~.
ecutve may sPpotn agtil the aisstore Bar wren
the gslstute meets be vrsttd IL executive
gpcs. Tue wora sntl. inep, limits the within
nsthing rise Il hs. beea cousrpsd hy some believe 70
limit The period dnrug shiah appoiEfee
tive shall continue in the Senate II does 6r
hints ~ s Ios 81 ne office ~ years. ard "
vacancy occurs a thar thar vacsncT, the
pasion Of the const'ta ou 6aed nur somebody s
appoint cd Tor the whol~ of the OF
. The sppoinfee OF the does h the
cy Hts "a temporary sppouunent,' ia the very Ian
81 tne constitution II " not appointment ~hts
dds toe whose IA does aA the vacancy breaa.e
the vscancy - Tor the whole How then the time
whrh the spponfe~ confinns cfr- iit~sf Ia
= hmed oy ne CONSTITUTION 70 shs Time when the original