Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1853-01-31
The next senate.


Governor Foote. of Mississippi not finding
sufficient scope for the exercise of bis scheming
and turbulent genius IN watching over the con.
Germs ola great commonwealth. IS engaged in
writing political work, in which the Nilsson.
ri Senator "of thirty years" IS 10 be pillofied
and pelted to his satisfaction. In addition
to this, he has prepared plan for diversity.
ing the proceedings Of The next Senate OF
the United States. by doing what the Legisla
ture of the State failed 10 do ut its late SEES
sion,-sppointlg Senator to Gil coming
vacancy In 1925 the Senate decided, IN a
case then presented, that the government had
no right to ill vacancy occurring by the ox-
piration of term of service the duty proper
devolvugo nthe Legislature. That Body EN-.
bodyng the sovereignty Of the state and repre.
senting, presumptiyely the wishes Of the pco-
pie, may appoint or not as it may choose
If it refuse to appoint,it IS positive act, which
the governor has no more right TO supersede
and anul tban he would have 10 nulllfy and
make void an appointment It had made. The
cases in which the governor may act are spc-
CITED and exceptional-the republican theory
designing 10 give the regular exercise Of the
power to the representative, and not 10 the ex-
ecutive branch. The old federal and the mo
dorm loeofoco doctrineof concentrating all pow
or IN the hands ofthe executive Is not the true
Interpretation of our constitution and system
of government, and governor Foote should
have had respect enough for tho decision Of
the Senate in 1925 rot to have thrust the qocs
ton upon II again.
The attempt is being made in North Caro-
lima, also, by the federal locofoeo party 10 raisc
the same issue. The Legislature of that state
at Its recent term failed 10 elect successor 10
Mr.. Mangum and vacancy will exist after
the Bird of March. The papers Of that Suite
arc discussing the power of the governor 10
make an appointment and some Of them nrg
ing il upon him. Gov. Reid is not u man TO
hang upon any doubt which implies " ant Of
power to promote the members and interest of
his party-it is therefore probable he will fol
low the example Of Foore and make an az
poinment.
A question of a somewhat different charac-
ter is likely 10 arise il the Senatorial represen.
tatlon Of Louisiana. Last year Mr. Benjamin
"a Whig) was elected by the Legislature to
succeed Mr. Downs, whose term expires with |
the present session. When this action was Ia
ken, the question Of changing the Constitution
of the State was pending. That question has
since been decided by tho adoption Of a new
and different organic law, and the argument
is made that the action Of the Legislature was
rendered nugatory and Of no enectby this over.
riding act of the people. The former consli
tuition required tho Legislature to enter into
the election of Senators at their sessions next
preceding regular vacancies, Under this pro
vision, Mr.. Benjamin was elected A similar
provision is contained in the new constitution,
which instrument also required session ofthc
Legislature to be convened this month, thus
unexpectedly throwing another term between
what was The next preceding session to the
vacancy under the old constitution, and Gre
atng aeto next preceding session. The
question whether the action Of the former leg
islature is, Or ought to be,nulifed is that which
now perplexes the minds of the lawyers and
politicians of Louisiana. There is no doubt,
the action of the Legislature in electing Mr..
Benjamin was regular and proper at the time.
There was no certainty of the adoption of the
new constitution, and still less of the interven-
ing session Of the Legislature. We do not
perceive how that regular and proper action can
be vitiated by after occurring events, and we
feel confident that the Senate, if it acts wisely
will confirm Mr.. Benjamin's right to a seat,
Mr.. j. S Brantwhite has deposited in this
Office, bottle of his Magnetic Hair Oil, which