Semi-weekly North-Carolina standard. [volume] (Raleigh, N.C.) 1852-1853, 1853-01-08

Enquirer, has notified b. N. knyon of TiShemIngo,
that he the Governor, will immediately after the 4h
( March next transmit to Mr.. K. commission as u.
s. Senator, to fill the seat held by Mr.. Brooke.
and which will become vacant at that time. Mr.. K.
| In his reply, notifies the Governor of his willing
ness TO accept the appointment. Gov. Foote writes
! thus to Mr.. K:
'On looking into the Senatorial precedenfs you will
Ind that II was decided, at very early PERIOD mat
the Executive of State has no right appoint
Senatorial vacancy which had not the period of
such appointment, actually arisen Therefore, APP
I polntment made before the 4h day Of March would
be valid This is quite unfortunate for us--snce it
almost certain that appointment of Senator could
De made a; so late day the 4h of March, which
"ould enable the person appointed 10 reach " ash
lngton III time Tor Senatorial service during The spe-
cIa session of the Senate, which, according to usage
Will commence on the 4Ih OF March. All that
perhaps can be now done, is that the seat in
the Senate. which is 10 become the 4th of
March, 1853, shall be occupied on the Ist Monday
OF December of the same year,
The case referred to is evidently that of James
Lanman, OF Connecticut, who presented the U. s.
Senate credentials of his appointment by the Cover
nor of that State Senator take effect imune-
daley after the Sd of March, 1926 aud 10 continue
until the next meeting OF the LegsIature'' of said
Stale. After discussion, Mr.. Lanman's claim TO
seat was rejected, on the ground that g. it is
Pelent Tor the Executive of State in the of
Legislature, to appoint Senator fill vacancy
which shnH hGPpen but has not happened at the time
of the appointment
This appointment and acceptance will raise nov
el and Important question in the Senate wheth
er the expiration OF six years term, when the Leg
lsIature has not chosen to elect to the about
commence, is such vacancy the Governor is
thoHzedto hill. The power of the Governor TO make
the appointment, under such circumstances, will be
matter OF great doubt and controversy. We con-
less that our oPInIon has always that the
stnil0n limits the authority of the Executive to fill
Such vacancies as arise alter election by The Leg
Islature and not by expiration of term. We know
that This has been the policy and practice of Virginia,
as manifested on some memorable occasions. 1t Ia
proper to state however, that contrary opinion is
entertained by journals of standing and intelligence.
For instance the Norfolk Argus susains the &C
ton OF Gov F1ote and appeals Gov. Reid Of North
Carolina appoint Senator of the United States,
after the 4th of March, under of things pre-
cIsely the Same as that in MississpPi:
"SENAToRIAL VACANCY IN NoRTH CAROLINA. We
stated In yesterdays Argus that the Legislature of
North Carolina adj journed sine die Monday, whou:
/ electng United States Senator 10 supply the "a
cancy occasioned by the expiration of the term of
Senator Mangum, which happens the 18th of March
next Ii there is no authority in the executive ofhat
State TO Nil the vacancy, then North Carolina will
have but single representative IN the Senate cham
Der, for two years come, unless Gov. Reid should
consider it his duty call session of the
legislature for the purpose of elecng a Senator
But has not Gov. Reid the power Of appointment,
that the Legislature has neg lected to discharge
lis duty in This particular! This is important
constitutional que ton, and one worthy of consdera
ton and examination. We aware that there
| any precedents upon the subject, though
it stated w hig journal thai the u. s. Senate de-
cIded, number OF years since, that the Governors
Of The States have authority II vacancies aris
Ing under such circumstances.
The provisions OF the Constitution, pertinent TO the
point involved In The controversy follows:
The Senate of the UnIted> States shnh he COM
posed of fU0 Senators from each State chosen by the
Legislature thereof for six years.
Aud again.
"lf vacancies happen by resignation otherwise
dur the OF the Legislature of any State, the
executive thereof may make temporary appointments
~ IfInHIa tho SItaI
then fill such vacdnces.''
The lime, places and manner of holding elections
for Senators is to be prescribed by the Legislature
OF each State unless Congress shall at any time by
law alter such regulations. 1t will be observed from
The clauses above quoted that the constitution makes
it Imperative that there shall be always tIUo Senators
from each State, and that in case of vacancies by
I" resignation or otherwise 1.-THE failure for Instance
of the legislature elect, the executive of the State
is to make temporary appointments. We know that
the legislatures of the States in the habit
and very properly too of eecllng Senators in vance
before the term of the Incumbent expires. Blu: the
question presents itself, when does the of
Senator expirel Certainly not until six years from
the period al which he was elected. Judge Mangum
continues Senator from North Carolina up to the
4th of March next. At that time and before
under the limitations # the Constitution, his
becomes racant. that in fact the vacancy happens
during the of the Legislature. But concede
that this d correct view of the meaning of the
Consututlon-then the other alternative arises that
such vacancy has happened by the failure of the
! Legislature 10 elect which is contemplated by that
portion of the Constitution which authorizes the
ecuiive of the States, when a vacancy shall! happen
| by resignation otherwise to fill it.
Suppose that Mr.. Mangum die TO. morrow,
could it be seriously commended that Gov Reid would
only have right 10 appoint successor TO him until
the 4th of March next! And that if he TO make
an appointment until the Legislature should again
assemble fl The vacancy, thai il would be tran
scending his powers and violation Of the
stitution? To our view, such position would be
unphiosoPhical and untenabe.
A similar precisely, TO the one in North Caro-
lima, has occurred in Mississippi. There the Legis
! lature could not agree TO who should be Senator
and they adjourned without making election.
Since the adjournment, however, Gov. Foote, who
is deeply versed in constitutional law, has appointed
a successor to Mr. Brooke, whose expires in
March So profound lawyer Gov. Foote
would scarcely have ventured upon such act with
! out being fully satisfied his authority for doing
it, We trust that Gov. Reid will not hesitate to
follow his example, and that he will carry out the
wishes of his party by bestowing the appointment
upon the noble and talented Dcbbin.'
FIGHTING EDrToEs-ErciIement at Seu6ennAe,
OhiO. For some time past, bitter personal quarrel
has been wagng between the editors Of the S,euben
Vile (Ohio) Herald and the Messenger. growing out
OF rivalry between thetwo 10 get an early copy OF
the Presidents Message. The Herald charges
him of the Messenger with getting from the post Of
fee and keeping for his own exclusive use all the
copies of the message in advance for the
of editors generally at that place. Consequently on
the 25th ull according the Herald, the editor of
the Messenger entered the Herald office, locked The