POWERS OF THE EXECUTIVE.
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If the lawyers have decided in aver of the position ta-
ken by the Register that the Constitution of North Car
ona does the s'right of appointment of Sena-
tor in the Legislature of the State suppose the
is up fthe right asserted in the 37th article, given
up consequence of the change in the if not in
the character of the Delegation must rely on the
Constitution the United States aone for the authority
with which the Executive of the State is invested to fill
the office of Senator, when vacant.


Under the Sd section of the Constitution of the United
States, we find The following:


if vacancies happen by resignation, or
otherwise. during the of the Legislature OF any
State the Executive thereof may make temporary ap
pointment until The next meeting of the Legislature,
which shall then fill vacancies


If election had taken place. the vacancy would have
occurred the fourth of March next during the of
the Legislature, and the appointment must have fallen
under the power of the Executive Of North Carolina.