Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1853-01-07
1--WE senn,orsal Appointmcnt.

unquestiOnably happens in the Senate OF the UDted
States after the expiration of Mr.. Mangums term,
without any successor having been elected by the
Legislature and it does to US, that those who
contend against this power inclined to pronounce
their dicta with rather more positiveness than the
occasion warrants Let us look at the matter Sec
g. of the 1st article of the Constitution of the United
States. says:
The Senate of the United States shall be composed of
two Senators from each State chosen by the Legislature
thereof for six years. and each Senator shall have one
The Constitution here positively declares that the
Senate shall consist of two members from each State.
and suitable provisions are made to guard against
any failure in the attendance of such two members
from each State by yes ing in the Executive the
power of filling vacancies happening by resignation
OTHERWISE during the of the Legislature 1t
is barely possible that the trainers Of the Consiu
tion may not have contemplated case like the pres
ent for it would have been difficult for these patr
otto men to have conceived state of feeling like
that under which some members of the late Legis
lature acted STILL it is by likely that they
could have declared so emphaticay that the Senate
SLIH consist of two members from each State and,
while making such general provision to guard
against vacancies, they have made should have ex
cluded this particular case. The Constitution de-
clares that there shall be two Senators from each
State and the vacancy to be filled by the appointing
power of the Executive is not simply for unexpred
term. 1t is such vacancy happening by resgna-
ton or otherwise, in the of the legislature
may operate to prevent the attendance of two Sena-
tors from the State as provided for by the Consttu
ton.
The 9Th section of the same article of the Consti
hot cbol bo ND
of the elections, returns and qualifications of its
own members; :" the final decision of the question
will therefore devove upon the Senate of the
United States, and will certainly come up in the
case of Mississippi in which precisely similar
state of things exists. We understand that Gov.
Fooe-who with all his faults and excentrcilies is
an able constitutional lawyer-has resolved to APP
point Mr. Knyon of that State, to fill the vacancy
occasioned by the expiration of Mr.. Brooke's
which will occur the 4th of March AS
the vacancy happens the appointment will be
made.
As for precedents they both ways, and a
mount 10 little or nothing at any rate unless estab
ished under similar circumstances, and uniformly
adhered to from a belief in their soundness We
believe these cases from North Carolina and Mssis
sippi will come up and be decided upon their own
merits.
| 1t appears that Governor Fonte of Mississippi has
notified B. N. Knyon of Tishemingo, in that State
that he, the Governor, will Immediately after the
4th of March next transmit to Mr.. K. commission
as United States Senator to fill the seat now held
by Mr. Brooke. and which will become vacant at
that time Mr.. K. in his reply notifies the Govern
o" of his willingness 10 accept the appointment at
that time Gov Foote writes then to Mr. K:
On looking into Senatorial pecedents, you will find that
decided at early period that the Executive of
State has right to appoint to Senatorial vacancy which
had not at the period of such appointment actually 'n
Therefore, appointment made before the 4th day Of
March would be valid. This quite unfortunate for US
it is almost certain that appointment of Senator
could be made at late day the 4h of March, which
for Senatorial service during the special session of the
Senate. which according to usage, will commence the
see the Senate which become
the 4h of March, 1853 shall be occupied the LIST Mon
day of December of the same year.
The precedent referred to is evidently the case o
James Lanman of Connecticut who presented to the
United States the credentials of lis appointment by
the Governor of that State Senator, " to TAKE
effect Immediately after the Sd of March 1926, anc
continue until the next meeting of the Legislature
of said State After discussion, Mr. Lanmani
claim was rejected on the ground that g it is no
: competent for the Executive of State, in the re
: cess of Legislature, to appoint Senator to fill
: vacancy which shall happen, but has not happened
q at the time of the appointment"
: This Lanman case is the precedent relied upon a
: conclusive against the power of appointment in thu
t Executive; and yet, when the grounds of Mr.. L..
= rejection taken into consideration, they rathe
S strengthen the argument on the other side, sine
J. they place it upon the fact that when the appoint
i ment was made, the vacancy had not actually &C
cured producing the inference, that if it had hap
pened, the decision would have been the other way
1t will be seen, that in this article exclusive refer
< has been had to the Constitution of The Unite
l. States, which is the supreme law of the land, an
d no State law or Constitution can either limit
l. tend its express provisions.
y We must confess that, previous to examination
" our own impressions pretty strongly again:
to the appointing power of the Governor and alihoug
n we find them greatly modified, if not completed
re changed by the results of such examination,
o. still unwilling to positive dogmatic p
I'll the remarks and considerations above presented:
. what they worth. They certainly posse
r. much weight in our own minds, and we do not pr
nd tend to disguise our wish that Gov. Reid may fe
tn himself justified in making the appointment 1t
al true that the absence of one two three
mt members affect the relative strength of pa
ties in the Senate but at the time, it cam
hit but be apparent to ALL that important questions
and probably will, arise during the next two yea
en- deeply affecting foreign and domestic relations
on it extremely desirable that the Southern streng