Semi-weekly North-Carolina standard. [volume] (Raleigh, N.C.) 1852-1853, 1853-02-23

after the body is thus constituted, and tie arrange
ment for rotation is complete then comes Inc Prov
sion to keep il FULL and if vacancies happen, &c
/ vacancies Of what Why, in the constitutional
! term of its members.
To suppose that the trainers of the constitution
had lin view delinquency of tho Legislature in the
performance IF its constitutional duty, is extremely
improbable since this the mode insisted on and
adopted, of giving to the State governments such
as would secure their authority.
! But it is utterly absurd, to my mind, to suppose
that they intended be guilty of the indecency OF
! clothing the Governor of the State with power 10
oversee the highest authority in the State, while him.
self was in instances then, the appoiniee OF the
very Legislature whose faults he was selected to
correct. The truth Isl that such provision In the
constitution, plainly expressed. would have ensured
the INDIGNANT rejection of that instrument, through
out the States. Nc man would thus have proposed
to insult the States, by applying such corrective to
reform their misdeeds. If there were, among those
sagacious men, any " no entertained such dlstrust,
they knew that it far wiser to allo" OF the tenn
porary neglect of duty than to administer degrading
corrective, in order to reduce the States into pm
conformity with every constitutional requIstIon,
whether vitality important, or merely use1uI, 10 me
ends of the Union.
l have said that the kind of vacancy contemplated
was plainly indicated by the only cause of vacancy
which is mentioned in the Constitution. hestgna-
tion cannot be Of empty vacant seat; 1t s OF
filled And, think, it may be safely affirmed
that although resignation be but means of crea-
ting the vacancy intended, other vacancy con-
The instance put, of vacancy, is, that which can
occur, only, in filled and the entire language
used well applies to such vacancies alone-as death
or removal from office. To extend to embrace
whole term is to assume a doubtful power, under
the word ''otherwise,'' which, standing with the
text has full and efficient meaning. and contains
many and erery case, Of vacancy in terms al
ready filled.
But it may be said that is settled that the Gov
ernor may fill, by temporary appointment vacancy
when it by resignation made to take effect at
future day, if the Legislature fails to do although
there may have been meeting of that body, between
the delivery of the letter of resignation and the day
Of the vacancy.
l shall not stop to dispute the point. If granted,
it does not initiate against the conclusion OF my ar
gument because the case supposed is of vacancy
in tiIled term If the vacancy had occurred during
the session of the Legislature, and that body had
failed to fill it, the Governor may not do it. ) :ch
case has this bearing my argument and no more;
lave contended that 10 allow the Governor 10 NIL
term, where the Legislature previous thereto has had
full opportunity 10 do so, proceed the ground
of distust in that bodys performing its constitution
al functions.
Now it is clear to my mind that the constitution
never contemplated the of a resignation flu
ture day. The announcement, at that time, of such
a resi- gnation, would not have been deemed binding
the member, and, of course, could not be treated
as actual vacancy. And, Notwithstanding prece-
dents, should think, that letter to that effect might
be revoked at any time before the vacancy filled,
or at least before measures were taken TO fill it. And
anomaly, established BY precedent, and by precedent
alone. And, such, cannot enlighten u.s. in a just
Interpretation of the Constitution, and, certainly,
not be warped impute, TO the trainers of the
constitution, unworthy disrust of full faith in the
States.
In aid of these views now turn to other parts Of
the constitution for argument from analogy.
THE House W Representatives shall be composed W
members chosen erery second year by the people, ***
When r0cGncies happen the represenfiOn IF any State
The Executive authority thereof shall issue Orits IF cleo
lion 10 fill such racancies.''
Here We discover, first, that the people the
lected electors for members of the House Of Repre-
sentatves. Secondly, that, when vacancies occur in
the representation, the people shall fill them. The
Governor may only issue writs of election.
Why are they the electors in erery election Why
was not the Governor authorised to appoint One
only, can be assigned, and that is, that they
being deemed the ttest electors, it unreasonable
to refer the filling o. vacancies to any other eector
if it might be convenient for them perform the du
ty. They. electoral body were always at hand
to do IT, There is no provision for their OMISSION
not because they might not refuse to ill them, but
because they were trusted, and could, with as little
Inconvenience, fill vacancy term, they fill the
term ITSELF Now, is it not obvious to every one, that
the only reason why the Governor was clothed with
authority to fill any kind of vacancy in the Senate
1as, that the Legislature, though always able to fill
whole term, had for the most part stated periods of
meetlng and was often out Of session. with its men,
bers dispersed, when vacancy, depending uncer-
tain events, might be known to have happened
II is manifest, then, that the constitution did not
intend, except upon Of impractcabil;y in the
electors acting, 10 invest another with the power of
doing what he may 90 himself; and as it had no dis.
trust of his willingness to fill the vacancy, it would
have been indecent if not absurd, to have provided
for his default.
Biennial sessions of Legislatures unknown !
in the States at the adoption of the federal consttu
ton. The sessions were universally annual. And, !
if they had been in perpetual sesson-perpetually
capable as are the people, Of filling vacances-does
any one suppose, that the provision, for filling va !
cancies, would have had any place in the constitu-
ton? No one-sureIy, no one.
We have, then, in this analogy of filling vacancies
in the representation of the House, and in the reason
why the Governor authorised fill vacancies at
all, perfect key the Interpretation of the
constitution affecting this subject; if it be true rule
Of construction that should limit the power of the
Governor to the necessity which created the power.
BY no fair rule of Interpretation, extend it
embrace case Of vacancy which may happen. where |
the Legislature, like the people, has been capable Of
action.
1t will be perceived, that have, in the course of
my Argument, sought no aid from the popular mean
ing of the word "huppen.'' 1t is not because l do
not think it significant Of itself; but because, !
think, that its meaning is rather determined by the
sentence or phrase in which it may be found, than,
that it, of ITSELF precisely defines the meaning of the
phrase. By way Of illustration, Uacancies happen,
is affirmative that they do to pass. IF
cuncies happen,'' is expressive of doubt, whether
they will come to pass at all, without any reference
to time. If vacancies happen during the recess of The
legislature, is not expressive of doubt, whether they
sometimes occur, and apprehensive, that they may
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