Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1853-01-04

ANOTHER GoRDIAN KNOT IN THE U. S. SENATE,
Governor Fone 81 Mississippi, has notified 3. n knyon
of Tshemingo that he the Governor will Immediately af
the 4th March next transmit TO Mr. K commission as
y s. Senator 10 fill the held by Mr.. Brooke and
which will become tina, time Mr. X. in his reply
notifies the Governor Of his willingness accept the ap-
polntment Gov Foote writes thus TO MIR. K:
On looking into the Senatorial prccedcns you will hnd
that ii decided CT early period that the Execn
tive of State has ight appoint Senatorial pacan
cy which had at the period Of such appointment actual
By arisen. Therefore, no appointment made before lhe 4h
ay of March woni he valid This is quite unfortunate for
us-snce IL is almost certain that appointment OF Sena-
could be made late day the Attn OF March, which
would enable the person appointed 10 reach Washington In
time for Senatorial service during the special session of the
Senate which, according usage will commence on the
4th of March All that perhaps be now done is 10
see that the in the Senate which is become vacant
on the 4h of March, 1853 shall be occupied on the st Mon
day of December of the same year.
The case referred evidently that OF James Lanman Of
Connecticut who presented TO tho u s. Senate credentials
Of appointment by the Governor of that State Sena
tor take effect Immediately after the 81 of March, lS2o
and to continue until the meeting of the Legislature OF
said State After discussion, Mr. Lnmans claims 10 seat
were rejected the ground that il not competent for
the Executive State in the recess OF Legislature 10
appoint Senator to fill vacancy which shall hoppen but
IN, not happened at the time Of the appointment"
This appointment and acceptance will raise novel and
important question the Senate whether tho expa-
ton of years when the Legislature has not cho-
sen to the about 10 commence IS such 'acan-
~ m the Governor is authorized fill The power of the
Governor 10 make the appointment, under such circum
stances, will be Of great doubt and controversy
We confess opinion has always been that the con-
,,tuou limits the authority of tho Executive TO fill sach
cances as arise election by the Legislature and not
bv exniraon of a term We know that this has been the
policy aud practice m Virginia manifested on some mem
orsble occasions Ii s proper state however, that con
t,ay opinion is by Journals OF standing and In
,egence For the NnoS Argus thus snsains III,
action Of Gov uote and appeals to Gov Reid OF Nor'f
Carolina 10 appoint Of The United States after th
eth Of March, under OF things precisely the same
that in Mississippi
SENATORIAL VACANCY IN NORTH CAROLINA.
We stated yesterdays Argus that the Legislature
xsorth Carolina adjourned sine die Monday, without
siecng United States Senator supply the vacancy oc
happens the 4lh OF March II there is NJ
in the executive OF that State fill the vacancy
atth Carolina will have but single representative IL
l22Ss&6t6 chamber for Two years 10 come unless Gov
consider IL his duty to call session o
for the purpose OF electing Senator. Blu
the power OF appointment, now that tht
3anepepected TO discharge its duty in this par
81 important constitutional question:
SosE onsderaton and examination. We
any pecedents upon the subject thougt
staidEna Wing Journal that the U. ) Senate de
or wears since, the Governors Of TIL
ns authority fill vacancies arising under suc
nroviSinns of the Constitution, pertinent the poin
sSfSs Controversy, are az fnilows