The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1853-01-28
The appointing Power.

pOuklCldHS, uuU no" FIuhpIduuy 90 tuGy VIQ0I~%
Gale the wisdom OF Democratic measures.
The appointing Power.
Without entering fully into The argument or in
vestigating the principles Of constitutional law
involved, i.aye come 10 conclusion rfom a
plain common sense view of he subject, that lha
Governor has the power 70 Iii The vacancy cuusr,:
by the expiration OF alT. AianguG!s term, on thc
Ali OF March ncXt. The Constitution OF The
United States expressly declares that each State
SHALL have two Senators 10 represent hef IN thc
higher branch of Congress, and III OF 4 va
cancy from {" death or OTHERWISE" the Consti-
tuition of this State invests the power to fill it in.
the Governor and Council. The only question
to determine, whether the failure to elect at the
session, previous TO the expiration OF the term, is
such vacancy, contemplated by the Consti-
tuition, we think it is, the word 50 otherwise
would be mere surplusage which could scarcely
have occurred in an instrument drawn up SO care
fully. The office OF Senator is created by the
Constitution, and for indefinite period, and the
person elected by the Legislature has vested
right only in the term which when expired by the
limitation, must be filled, and # it is not filed,
must Of course leave vacancy, or hat is com.
monty understood by that word.
If that vacancy occurred during the session Of
the Legislature, it is he duty of that body to fill
it, if it occurred during the recess il deyoyed up.
on the Governor to fill it. The Constitution is
mperative--the States SHALL HAVE two Senators,
and il conemplates no circumstances, under,
which -. a.-.ssa OF rssE.s.r.;sr.ss -
\
discharge us duty from any cause, shall the State
go unfepresentcd? If SO. it is in The power OF a
a few faclionisls to render null and void promi.
nent provision of the Federal Constitution. Tho
the trainers Of that instrument could not have so
expressed themselves, without refecting upon The
Legislature, we think it must be fair Inference
that they must have had such a case in view,
when they used the word "oTHERw1sE''
In this instance, a vacancy occurs during the
recess of the Legislature, for Mr.. Mangum's term
does not expire until The 4th of March, and the
Legislature has already adjourned. II the Gov.
! ernor should make an appointment before that
time it certainly would be void, IF alter I, bat time,
we think he would be sustained by the Senate.
At any rate, whe hope he will make the appoint.
ment ard let the question be fairly settled.
We have "o' ""u a" oPpo''uh"y 10 examine
the precedents established IN former cases but
take the following upon that head from an able
argument, latelv written bv Judoe Robert STRANGE
,,t;ah co.,. - so,,to ,ho .oo :;
~ ':'e = '4'o' u '"e aF'
pointing power:
1.-THE first precedent relied on is that Of Mr.
Lanman, Senator from Connecticut, and we
| take the statement OF the case and The decision Of
u's o 1,'d" ' n ;'"u u d. VIC u"''rs'"'i'
the CONSTITUTION, vol. I'd, page 2ol: " In the case
of Mr. Lonman, Senator from Connecticut
question occurred whether State Executive
could make an appointment IN The recess ct the
~ ~, , ~ - T ''e "''
wa, decided b. he senate ,bo, he ca no, max
such arr ;l,f..ent. Trhc r,c< were that M, Lev.
m"o,s '',.o Il service 'Ea'r"d on tn" 81 . Nh n
n.,,.,n, !" h.. r|r.ss ,r 49,, f...,'.,...rc I..
SESSION w,v'1 he . Mav) IN The 81. of rf,. rre.