The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1853-01-26
The Right offlic Governor In the
appointment of Senator.


We find in the SianIirl VI the 10Th instant
in the shape Of an agumrn,, an opinion Of tho
Hon. Rohen Strange in favor Of The right Of he
Governor 10 appoint q Senator 10 succeed Mr..
Mansum on the i,h Of Marci next. the Lrsisla-
iure h.sins failed 10 make TIA, appointment. II
may be presumption insus 10 question the cor
reciness Of an opinion from such high Authority |;
especially as he says he has given to lie ques-
ton "murii consideration" and that L, cost him
rome time and labor;' but bis argument has, 10
US, 50 much the appearance Of special pcsdins,
and i 80 much strained 10 ono side ~ the cues
ton, and wiihal 50 directly opposed 10 the prac-
lice heretofore. sulsisiing, TIA, il brings no con-
vieiion to our mind. The Argument occupies
four clos.ly printed columns IN the Standard, and
is consequently too long Tor IN, crlion in The Re-
eorler. Being no lawyer we shall no, attempt
critical review Of the opinions Of so learned a
Judge; but we propose 10 stale some Of The most
prominent points, aud to oIlrr few observations
that naturally occur.
The third section of the first article of the
Constitution declares that the Senate Of the
United States shall b. composed Of two senator's
iraf each state, chosen by the Legislatures there.
Of, Tor SIX years" Ilncxi provides Cor the elias.
siiicali1n II the Senator's, 80 hltonc third may
he chosen every second year. Itlhen SAYS, . and
ifvacancics happ,n by resignation, or otherwise.
during the recess Of III. Legislature OF any STATE
lie Executive thereof my make Temporary an
palninenis until the next meeting OF the Legs.
laturc, which shall then Gil such vacancies"
The question seems TO res, upon the intcrpre-
tiliin given 10 this latter clause.
h,hc communication before as /, Is con,en,l,d
that the phrase happen by resignaiion or olhcr-
wise, " includes all kinds of vacancies. whether
" death q resignation, Or ~ the resul,r expisa
lion Of term.
a review ofihe Two clauses Of the constitution
III connection, We think, woull lead 4, different
conclusion. The constitution provides ii The frs,
Instance, Tat The Senate shall be comp ,sc,l Of
two Senators RON each State, chosen by The L.
gisi fare Thereof Jar si.r gears. Batthcn, con.
'emrlains That vacancies might happen. BY dealt,
OF resignation or removal oul cf the country. j,
other unforeseen contingency, il provides for a
temporary appointment by the Executive. Tie
word aaP1sa implies uncertainty. The learn.
cd judges quotations. fram the Dictionaries
show thu; 10 gR oat ~ cimce, 10 conc 70
pass, 70 light on by aecidsa." Walker. 10
c2ne 67 eltaacc, 10 come ,c.ihoR ose's Drep.ous
crgect.fioa, 10 jaitoua." Webster. Occu and
happen are not synonympas l,lms. If in p,uu.
Iar language they are used wl,.lou, much d,scri.
niai'i'n. we aie no, 10 suppose that the sages
Who pcnncd The constitution were so on.e n
heir choice OF words. The IDEAS conveyed Inv
mem are very psrceplihy different. Whatever
l'p~n., occurs; but every thing tha, occurs does
l"t happen. The rising Of the sun occacs every.
morning; but it DOS not happea 80 avacan-
y occurs III the Senate every s;s yeas hy the
'xpiia'ion q Term, which the Legislature il 10
III; but It happens only occasionally, BY resi-.
lalon OF otherwise" when, If the las Stature he
loi III session, The Executive my iii it.
bul the writer sayc, it viii not ID 10 sun.
'osc that the iiiiners of The constitution, iu,ru.
onaliy lei case IN waichrcpresan,,l iol, in The
'snale would Be for a lime prevented"
Wcnccd not suppose that the 'fr,nr,s ofalbe
onsil'iiion intended iilat-a any State should re.
aill uineprcsrned; Tiny not have been with.
= ihelr contemplation that so sil a state Of mar.
feeling Would exist ii au even ha!anced IL.
sia'ure as ioPreseiit an eleclion d ii Il suc!,
case was iaresesn ,iiIsy might ~ Il. cnsiiersii
'aSe shey"n.l their rre,lnce 10 psovi,!e Tor. aud
az evil wal b wsallBe apt 10 work i:s,oa..1
ire. ~
Dat Is It ifua that the construction for which
le.ieafned judge 'contsnds would work d mis-
kel II Is tru. that by it full reprcsc,t,t;a,