The Arkansas banner., 1845-08-27
From He Miissigsippian.

STATEMENT OF THE HON. R. J. WALKER.
 WAsmNGToN CITY, June Is, 1915.
 To he Democracyo of Mississippi:
 On the 9th of March last, l received, to- gether with a confidential communication from Gov Brown, commission for Mr. Thompson as senator, to take effect after the
 10th of March last the period fixed in the tender of my resignation. The Governor had been induced to make this appointment i'll consequence of assurances from me, that my own note, or that of my successor might, and in all probability, would be necessary, to give the democratic party majority i'll the senate upon the election of printer for two years at the executive session. | urged upon the Governor the importance of this election to the demoratic party, fully appre- clatlng the injurious consequences of a de- feat on thls question:, at the very outset of the new administration, and the censure that would attach to me, if this defeat were pro- duced by a single vote, owing to my with drawal from the senate. Influenced by these considerations, and with view to meet this contingency, the Governor transmitted, not to Mr. Thompson, but to me, a commission for him as a senator, to take effect after the lOth March last, leaving to me, as conceiv- ed, full discretion, 10 deliver the commis- sion or not, as the circumstance of the case before referred to might require When the commission was handed to me with Gov. Browns letter, the contingency to which | have referred, had not happened, and it was clearly y9-asceriained would not happen, it hay ing been determined after the date of my let ter to Gov. Brown, not to go into the elec- ton of printer at the executive seession.- The contingency not having happened, to meet which the commission was signed, it seemed to me, that to have delivered 1t under such circumstances, would have violated the will and purpose of the executive, and the confidential trust and discretion devolyed by him on me.
 l was still further influenced in arriving at this conclusion by the fact, that it was in consequence oi my assurance to the Cover nor of the probable occurrence of this con urgency, that he had been induced to trans init the commission, not to Mir Thompson, but to me, and that if under such circumstan- ces had delivered the commission, might be justly accused of procuring an appoint uiChb to hiCCe c Cotitill9GuCy, ana ln6f Ot- livering 1t in violation of the trust reposed in me, when the contingency had not happened and would not happen, upon which alone he had been induced to sign the commission It was my duty as the confidential agent of the Governmet (the commission until deliver ed being lawfully within his control to have acted precisely as 1t was obvious he would have done if present, and it was clear tha if present he would not have delivered the com mission unless the contingency had happen ed, to meet which he had been induced to act. The commission like any other grant or deed) was the property of the Governor, and not of the person named in the commis- sion until the delivery 10 him, and the Co., vernon, by himself or agent could withhold the delivery to ascertain the occurrence of a particular event, upon the happening of which alone Il was desired to give effect to the in- tended appointment; and this principle is so well settled, aud so universally adopted in practice, in regard to commissions and all other grants, as to require no elacidalion