Weekly North Carolina standard. [volume] (Raleigh, N.C.) 1850-1858, 1853-01-12

net oo GovesNoI, will immedjatelyaf aftef the 4th
March next .lSansmit To- Nj. Ea comsnisson % u. :
s. SenaoFs 10 All the seat nov held by MI BSooks,
nuswhich will become vacant atthat lime. MI. &.
IN his reply. notifies tho Govsrnor of bic willing
ness 70 sccept she lpPointmsnt Gov. Foots writes
thus TO Mf. X. - - ~. =
..On looking into ,he Ssns,ofi. pseesdens. VIII
nd that il wss decided, very early pereds Thar
The Execoive Of Stale has no rehtIo sppoint to 4
Senatorial vacancy which had mol st the period sf
such appointment. actsdv erisen. Thetefofe no ap-
Pein.@sns made ssists The go dsx e Aaret soeid
s almost eel 1hf "a gaq aqAAte
be made a. 90 late aday As The 4il.Df March. Which
would enable The person appoiaied 40 reach WISH.
ington in time for Senatorial daring the sPe-
cia session of the Senae. which, according 10 usage,
will commence on the next 4ih Of March, All that
perhaps be now done, is to see that The seat IN
the Senate which 10 % becope vacant On the 4thof
March, 1853. shall be occupied on the lst Monday
OF December Of the sans year, -, s.sess's -.
The case referred TO 10 evidently that OF James
Lanman, Of Conneciicut whe presented 70 the u: 3.
Senate Credentials Of his appointme by the Gossf..
nor of that Slate az Senator to take effect imms.
diatey after the Sd Of March. 1895, and to- zcontinoe
until the next meeting Of the Legislature" OF ssid
Stale. After discussion, MI. Lsnnan's claim 10 .
seat was rejected, the ground that 10 not com.
Legislature, TO appoint Senator 10 Iiii vacancy
which shall happen. but has not happened Al the time
Of the appointment sss.ss 49, ~, -
This appointment and acceptance viii raise . now
el and important question in the Senate. NJ 10 whesl-
the expiration of six years teru, when the Leg.
saiure has not chosen to elect 10 The one about 70
commence, 10 such vacancy az the Governor u au.
lhorizedto fill. The power Of the Governor 10 make
the appointment, under such scircumsanccs, viii be
a matter of great doubt and controversy. Weseon-
fsss that opinion has always been that the con-
sttuon limits the authority Of the Executive 70 NIL
such vacancies arise after election by The leg.
islalure, and mol by expiration Of term. We know
that this has been the policy and practice OF Virginia,
as manifested on some memorable occasions IL 70
proper to state. however, tha, contrary opinion 10
entertained by journals Of standing and Intelligence
For instance the Norfolk Argus thus sustains the acc
ton of Gov. F,oe and appeals 10 Gov. Reid of North
Carolina 10 appoint Senator OF ihs United States,
after the Alb of March, under stste Of things pre-.
cisely the same that in Mississippi:
"SENAroRIAL VACANCY IN NoRTH CAsoLINA. We
stated in yesterdays Argus that the Legislature OF
North Carolina adjourned sine die on Monday. without
electng United States Senator TO supply the VI.
cancy occasioned by the expiration Of The term Of
Senator Mangum, which happens the 4th Of March
next Ii there is anlhor,y intte executive ofthlt
Stale 10 fill the vacancy, then North Carolina s3p
have but single representative in The Senate chau$
Der, for two years 10 come unless Gov. keid shouI4
consider it his duty 10 call extra session Of the;
Legislature for the purpose Of esc,isg n Sensterss
| But has Gov. Reid The power Of @sppofntIDeht,
now that the Legislature has neglected todischatSs
its duly in this particular! This s an importers
constitutional question, and worthy Of considers
ton and examination. We are not aware that thsns.
are any precedents upon the subject, though
il stated in Whig journal ihai the u. 5. Senate de-
c,ded. number Of years since, that the Governors
OF the States have authority fill vacancies afs.
ing under such circumstances.
The provisions of the Constitution pertinent 10 the
point involved in The controversy A. follows.
i The Senate of The United States shaK be com.
posed Of f,yo Senator'S from each State chosen By ths
Legislature thereof for six years."
And again:
i "If vacancies happen by resignation or otherwix
during the recess of the Legislators Of any State. ihs
executive thereof may make temporary appointments,
until the next meeting Of The Legislature, which sha
then fill such vacancies.
i The time, places and manner of holding elections
for Senators 10 10 be prescribed by the Legislature
of each Stale unless Congress shall At any time BY
law alier such regulations. il will be observed from
the clauses above quoted that the constituon makes
it imperative that there shall be always fco Senators
from, each Stale, and that ia case of vacanees by
resignation 0fhericise -the failure for instance
Of the Legislature to elect the executive Of The Stale
is 10 make temporary appointments. We know that
the legislatures Of the several States hs habit
and very properly ioo Of elecng Senator'S in advances
. before the term Of The incumbent expires. Bss the
question presents itself, when does the tsrm Of 4
Senator exPirei Certainly not until elk years from
It the period at which he was elected. Judge Mangum
continues Senator from North Carolina up, TO the
n 4th of March next. At that time and not before
under the limitations of the Constitution, bis seal
becomes uaednt that in ac the vaeaney' happens
during the recess Of the Legislatures. Bot eoneeda
that this is not correct view Of the meaning sf the
Cons,ituiion-then the other alternative arises that
such a vacancy has happened by the failure If tht
l. Legislature to elect which s contemplated BY tha
portion of the Constitution which authorizes the sx
ecuve Of the States. when vacancy shall hsppss
g by resignation or ofhertcise to Gil it.
J. Suppose that Mr.. Mangum was 10 die To- morrow
could il be seriously eontended that CIV Reid woul.
only have right appoint suceessor 10 him unti
; the 4th of March Rexsl And thst hewere 10 maxi
q an appointment until the Legislature should agai
assemble fIl the vacancy, thai II would be tfsn
'. stitution To our view, such pssition would b
'e unphiIosophical and untensbis.
" similar case precisely, to the one 10 North Care
. lima, has occurred in Mississippi. There the LeRid
~ Iaime could agree a. who should be Ssnsto
- and they adjourned without making election
~, Since the adjournment, however, Gov. Foois, VII
deeply versed in constitutional law hes sppsinte
,d successor 10 Mr. Brooke, whose Term expires
a. March next. So profound lawyer az Gov. Fooi
~ would scarcely have venursd upon sueh IN act viii
~ ont being fully satsed astc his authority fof don
{. it, w frost that Gov. Reid will mel hesisxss
follow his example. and shat be will carry OFT d
wishes Of his party BY besiowing the sppointme
upon the noble and talented Dobbin.
er Nrw YoaK Ca1srAr PAEAcr. M -buiIdio,
re with the exception of shs door, wills Se1bsFsetl
e entirely Of iroa and eiass. Tsa I656s spd sie
u- winding siaiTesses eonneet the piseFal Heos VII
o the gallery. The bsilding eonsins. 90 the eSses
Acol 600 square feet Of spses. and In s gall
nat making total srsa Of l7200O sqvav feet for d
red purpoee Of exhibition. There thss the eropI
iai 6ooe two scrss and halt, os e1sctly 59-lOO;
se tha S,lleves one acss and z4-l00t total, Within