Semi-weekly North-Carolina standard., 1853-01-12
THE SENATORIAL ApPo1NTM ENT.

his conclusions upon that subject after mature de-
liberation assisted by the soundest legal advice which
the country can afford. II s not, therefore, probable
that any mere newspaper speculatons VIII, In any
way, affect his action, except In so tar as may De
! regarded indicative Of the wishes OF the people
for or against tho exercise Of conroverted power.
J. We must confess that plausible arguments are ad-
duced both for and against the existence OF the power
in the Governor to supply the vacancy Whcn VIII
unquestonably happen in the Senate OF the U nlted
States after the expiration of Mr.. Mangum's Term,
without any successor having been elected by the
Legislatures; and it does to US, that those who
| commended against this power, are inclined to pro-
nounce their dica with rather posIiveness than
the occasion warrants. Let US icok at the matter.
Section g. of the Ist article of the Constitution ofthe
United States says:
The Senate of the United States shall be compos-
ed Of two Senators from each State, chosen by the
Legislature thereof for six years and each Senator
shall have vote. ="
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 vesting in the Executive the
power of filling vacancies happening by resignation
during the OF the gIsature 1t
is barely possible that the trainers of the ConsItu
ton may have contemplated a case like the pres
ent for it would have been difcalt for these Parl-
otic 10 have conceived a state of feeling like
that under which some members OF the late Leglsla-
Iature acted still, il is by likely that they
could have declared emphatically that the Senate
shall CONSIST of two members from each State, and.
while making such general provision 10 guaro d.
ganst vacancies, they have made, should have ex
cuded this particular The Constitution declares
that there shall be Two Senators from each Slate and
the varancy to be filled by the appointing power OF
the Executive is not simply for an nnexPlred term.
Ii is such vacancy happening by resignation or 9th
cruise, in the Of the Legislature, as may ope-
rate prevent the attendance OF Two Senators from
the State provided for by the Constitution.
The 5th section OF the same article of the Constl-
tuition provides that each House shall be the judge
Of the elections, and qualifications Of its own
MEMBERS" the iAal decision OF the question Will
therefore devolve upon the Senate OF the United
States, and will certainly up in the case at Mis-
sissippi in which precisely similar state OF things
exists We understand that Gov. Foote-who with
all his faults and excenricites is an able constItu-
lional Iawyer-has resolved to appoint Mr.. kInyon
Of that State to fill the vacancy occaSIoned by the
expiration of Mr.. Brookes ter which will occur on
the 4th March. AS soon as the vacancy so happens
the appointment will be made.
AS for precedenis they are both ways, and amount
20 little or nothing any rate unless established un-
der similar circumstances, and uniformly adhered TO
from belief in their soundness. We believe these
from North Carolina and Mississippi Will come
up and be decided upon their own merits.
II appears that Governor Foole OF Mississippi has
notified B. n. Kinyon OF Tshemingo, in that State,
that he, the Governor will, Immediately after the 4th
of March next, transmit to Mr.. n. commission as
United States Senator, to fill the seat now held by
Mr.. Brooke, and which will become vacant al that
time. Mr.. X. in his reply notifies the Governor of
his willingness accept the appointment al that lme
Gov. Foote writes then TO Mr.. H.:
On looking into Senatorial preeedents, you will
find that it decided, at very early period, that
the Executive of a State has right TO appoint 10
Senatorial vacancy which had a, the period OF such
appointment, actually arisen. Therefore, no appoint
unent made before the An day Of March would be
valid This is qaite unfortunate for us-since it is
almost certain that appointment of Senate: could
be made at late day as the 4ih Of March, which
would enable the person appointed TO reach Wash
ngton in time for Senatorial Service during the sFe
nf he ~
will commence the next 4lh of March, All that
perhaps be done, is TO that the seat in the
Senate which is 10 become the 4h Of March,
1853, shall be occupied the lst onday OF Decem
Der of the same year.
The precedent referred to is evidently the case of
James Lanman Of Connecticut, who presented TO the
United States. the credentials Of his appointment by
the Governor of that State, a Senator, " 10 take
effect Immediately after tile Sd of March 1925, and
continue until the next meeting Of the Legislature
o. said Slate. After discussion, MIR. Lanman's claim
rejected the ground that 1t IS not competent
for the Executive Of State, in the recess OF AegIs-
lature, to appoint Senator to fill vacancy which
shnE happen. hut has not happend at the time of the
appointment
This Lanman is the precedent relied upon as
conclusive against the power of appointment IN the
Executive; and yet, when the grounds Of Mr.. LIS
rejection taken into consideration, they rather
the argument The other slde since they
place upon the fact, that when the appointment was
made the vacancy had not actually occurred, prUduc-
ing the inference, that if il had happened, the decl
sion would have been the other way.
1t will be seen, that in this article exclusive refer
ence been had the Constitution of the United
States which is the supreme law OF the land, and
no Stale law Constitution either limit or ex-
tend its express provisions.
We confess that, previous TO examination, our
impressions were pretty strongly against the aP-
pointing power Of the Governor; and although we
find them greatly modified if not completely changed
by the results of such examination, still un-
willing 10 assume positive dogma tic position up
on a question much unooted. " offer the remarks
and considerations above presented for what they are
worth. They certainly possess much weight IN or
own minds, and do not pretend to disguise our
wish that Gov. Reid may feel himsef justified in
making the appointment Ii is true that the absence
Of one, two, three more members, cannot et
feet the relative strength of parties in the Senate
but the time, it cannot but be apparent TO ALL
that important questions may, and probably WILL arise
eign and domestic relations and it is extremely de-
sireable that the Southern strength should not be
lessoned in either House by any which can be
obviated. We have conf 1ence-both parties in orth
Carolina have conidence-In the position of Mr.. |
Dobbn with regard TO foreign policy. He is too
conservative to abet anything like Fibusterism or
injustice of any kind; while at the same time he is
too much devoted the honor OF our country, quietly
to counsel submission TO insults to our flag, ag
gressiens upon interests come from what quarter
they may. Wilmington Journal
ABsTEMIoUs DIET. Many of illness both in
ad uts children, may be readily cured by absti-
nencerom all food Headaches, disordered slomachs,
and many other attacks, often caused by violating
the rules of health, and. in consequence, some parts