Semi-weekly North-Carolina standard., 1853-01-26
For the Standard.
SENATOR FROM NORTH CAROLINA.


State to choose Senator 10 fill the place now occu-
pied by Hon. Willie P. Mangum. the 4th OF
March next is matter of regret, and gives rise to
interesting question as TO the power and duty OF the
Governor to appoint.
The Constitution of the United States, article L,
Sd section. says that the Senate of the United
States shall be composed Of two Senators from each
State chosen by the Legislature thereof or six years..
s' If vacancies happen by resignation otherwise,
during the Of the Legislature of any State the
Executive thereof may make temporary appointments,
until The next meeting of the Legislature, who shall
then fill such vacancy"
The Constitution of North Carolina says, sec. 90,
that ' in every where any officer, the right of
whom appointment is by this Constitution vested in
the General Assembly, shall during their recess, die,
or his office by any means become vacant, the Gov
ernor shall have power with the advice of the Coun
Gil of State to fill W such vacancy, by granting a
temporary commission which shall expire at the end
of the next session..
Thus stands the Law. What is the proper con-
strucon TO the power of the Governor! For if he
has the power, it will be his duty to act.
One of the abIes Jursts of this OF any country,
Chief Justice Marshall, in speaking of the federal
government, states that this will be the mode by
which the government will be dissolved should that
catastrophe occur, the refusal of the States 10
send Senators TO Congress. There being COM
pulsory power to make States send members either
branch of Congress. To every friend of our Union,
there is high moral obligation 20 elect appoint
Senators.
In our State, it is not necessary now to examine
why the last Legislature did not discharge this duty
that it not done is the fact 1t is also that
the term of Mr.. Mangum expires the 4th March, and
that this term will expire "during the Of The
LegisIafure. Does it not follow that the Governor
who has power " to execute, faithfully, the laws -
on ght to appoint
The case of Hon. James I.anman, Of Connecticut,
has been referred to. If examined. this case is not
in point. In 1925, the 4h Of March, says the
journals, the credentials of Mr.. Lanman were pre-
seated " to take effect Immediately after the 3rd of
of the Legislature" Mr.. Lanman was then in 0ffce.
and his appointment did expire until the 4th of
March, 1925.
The committee reported that there was no uacuncy
nj the lime, and that " it competent for the
Executive of a Stale fill vacancy which shall
happen, but which has not happened tMe time 3fMe
0ppointmenf."
The case of Hon. Ambrose II. Sewer, Of Arkan-
sas, comes the of Lanman, but neither
settles the point.
He with Governor Fulton were elected Senators
from the State of Arkansas in Sept 1886. Mr.. Sc
vier drew the short term, which closed in March,
1897 and although Legislature had intervened, and
the vacancy did not haPpeS but closed his term, he
appointed by the Governor-his credentia
referred to the committee the judiciary Of which
Hon. Felix GrundY chairman, and he took his
seat, under the report of the committee.
According to the case of Lanman, the decision of
the Senate does not allow the Governor appoint be-
fore the vacancy occurs; but the seqnirer from the
proposition is sound, that where there is vacancy
ended by Il constitutional Limitation. and the Legsla-
ture had not filled it. He appointed by the Gov.
and held his seat under said commission since
vacancy did exist. What is a vacancyl Ii is
something that must be filled. Will not the seat Of
Mr.. Mangum be vacant on the 4th Of March, and must
it not be filled
Governor Foote of Mississippi, who had entertain
ed different opinion, upon consultation with
Of The ablest lawyers of the nation, under precisely
the same state of things as exists in our State will
aDn of HiSho
ty and he will appear the bar of the Senate with
his credentials on the 4th March. We have under
stood that Judge Badger, of our State, and Judge
Mason OF Va, late Attorney General of the United
States, think that there is doubt that the power Of
the Governor under the circumstances is clear.
Wehope thai Governor r cid will arrive at the same
conclusion, and appoint some true TO sustain the
honor, dignity and interests of North Carolina, and
allow State to be unrepresented for two years
in the Senate of the United States. This is the
VolcE OF WESTERN NoRrH CAROLINA.
THE &" GALLEY" SLAVE. Few people have an idea
of the amount of reading matter published in daily
newspaper, or the amount of labor bestowed upon its
composition in its selection. IN the Herald, is
published each year an amount Of reading matter
equal to twenty-our Ccavo volumes Of three hundred
pages each. The advertisements nearly quadruple
this. The type set for reading matter alone nine
millions. The editorial matter would make three VOL
of three hundred pages each, and requires two
thousand pages of manuscript closely written upon
paper OF 1OolScap SlZe DnIng the year thirty thou
sand copies of exchange papers have 10 be closely
scanned to obtain the latest and most interesting
items of news, and the most pleasing miscelany
Hundreds of books must be examined with a view
to ascertaning their literary, statistical or scientific
merits every pro ect for public improvement or BEN
eft, and many for the advancement of individual in
terest, must be chroniced, and correctly too; and
matters local require constant and investigation
In all these things the Editor must be accurate or
the thousands CT fault finders, and error seekers who
are nothing If not CRITICAL" stand ready to come
down upon him like cart load of brick - In the
list OF labors we have said nothing of readino twen
tyfour hundred columns of proof'' getting nm dali
y reports OF markets, examining, UNDERSTANDING and
approaching the latest inventions of all sorts of COM
pIlcated machinery for lighting the world from the
nozzle OF the town pump or sraightning the pedals
OF club footed babies, of 50 raising a muss gener-
ally,' and being spicey and independent, without
touching mans pet peccadilles, or treadno upon
any readers cerns. Perhaps some of our hard
working friends, who labor some eight or Ten bours
day. would like 10 try their hands and heads at the
" lazy bushes" " of conducting daily newspaper.
Cleveland Herald.
We find in the Mississippian card from Governor
oote, VlndcatIng his right 10 appoint Senator in
Congress after the 4h OF March next, when the
OF Mr. Brooke will expire. Governor Foote assumes
the position that State Executive has the right,
der the Constitution to make temporary appointments
10 the Senate TO fill all vacancies which during
the recess of the Legislature and have been pro-
Vlded Tor by the Legislature itsef and that it makes
no difference whether the vacancies have arisen by
the regular expiration of of service have been
coused by resignation, death any unforeseen event.
The only Limitation is that the vacancy shall have