The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1853-01-05

Our Legislature having failed TO sppnint sue
eessorts Mr.. Man gum. whose term az service win
expire on che 9Th Of March next, the question is
mooled In some Of our exchanges, whether the
Vacancy shiih viii occur Is such one as can be
filled Ivy temporary appointment by the State
Executive.
Thswilmingion. Journal seems 10 argue that,
ss there win be no yarancy until amer the eIpi-
..lion Of Mr.. Mansum's term on the 4,h Of March
neri, il will ls vacancy which may be compre-
hendsd in she phrase or otherwise" and there
fore may he. illedby the Executive, though the
editor actnswiciges that such has not been the
understanding OF usage.
Thsriilof of the Commercial c mes out with
much more holiness. aThe vacancy will not
occur" he SAYS. .uniil after the 4th Of March,
aud disappointing power is as clearly with the
Governor and Council, as any duty connected with
their Offices. Even Il the vacancy existed during
the csiion ofihe Legislature, aud that body fail
ed 10 elect" the Commercial goes on to say, /" The
Goycfnor and Council might siiIl appoint. as the
failure Of the Legislature would be classcd among
those other means by which the Office Of Sena-
tor became vacant"
But. the Commercial forgets, when be makes
his quotations from the Constitution Of the State
Of North Carolina, that the office Of Senator is
not created by il, bat by The Constitution Of the
United States, and that the appointment Of the
officer sndithe supply Of vacancies are both pro-
viied for in that instrument. The original APP
p,in;m mt maa b, made by the Legislature; nd
the vacancy contemplated mus, be such as shal |
happen, Ivy resignation, or death, or other casu-
atty which could no, be foreseen and provided
for by the Legislature. Such was evidently the
intention Of the trainers OF the Constitution.
Here are the words
"Scc,ion 3. The Senate Of the United States
shall be composed Of two senator's from each state,
chosen by the Legislature thereof, for six years.
And il vacancies happen by rcsigna-
tion, otherwise, during the Of the legis-
lature Of any slate, the Executive thereof may
make temporary appointments until the next
meeting Of the Legislature, which shall then fill
sch vacancies"
A vacancy which occurs IN consequence Of the
expiration Of term, is moi an event which hap
pens, in the meaning Of the provision Of The con-
stitution; but all occurrence which takes place at
cr,ain and known intervals, which the consiiiu.
lion says shall he filled BY the Legislature.
This Interpretation has been so general that we
DID not suppose any one would question il. Al
Tar as we knew, there has leca no instance IL
which any other rule has prevailed. Tennessee, il
will be remembered, in consequence of the ohstna
yoflhidecn refractory members in her Senate, wa,
without any representation IN the United State,
Senate, II we remember rightly, fn two whole
years. The Wilmington Journal alludes to an
Instance in which the Governor Of Connecticut
attempted TO exercise the power, bu, his action
was not sustained.
The responsibility for the failure to elect Sc
nator, rests with the Democratic maturity in the
Legislature. The Wings gave them every op
poriuni'y that could he dcsiled, but they 40 ia
not elect. But as taras Wing principles are con
cerned, il is heiter that no Senator should he cleo
Ted than that Mr.. Dobbin should he chosen. The
wings do moi object to Mr.. Dohhin because they
question his integrity or his ability, but because
.ney know him to he opposed no. only to The
a's'rhuion Of the public lands, but to every
principle which sheysicen important at tho PIE