The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-01-03
Mississippi Senator.

1t has been suggested that a material error
has crept into the published despatch announc-
ing that Mr.. B. N. KENYON, a Union Demo-
crat, has been appointed by Gov. FooTE to sue
coed the Hon. w. BROOKE, whose Senatorial
term expires on the 4th of March: The ap-
pointment is merely ad interim, and is intend
ed to supply the vacancy which the LegsIa-
ture of Mississippi, at its late session, neglect
ed or failed to fill. The power of the Govern
or to make the appointment under these circum-
stances Is questioned; and hence the suggestion
that the original despatch was probably incor-
rect. H
We learn, however, from our Mississippi
exchanges that the appointment has been ten
dered to MIR. KlNYoN, and that Governor
FooTE. in communicating it, referred to the
point in question, in the following terms:
son looking into the Senatorial precedents you
will find that it was decided at very early period,
that the Executive of State has no right to ap-
point to Senatorial vacancy which had not at the
period Of such appointment, actually arisen. There
fore, no appointment made before the 4th day of
March would be valid. This is quite unfortunate
for us-since it is almost certain that no appoint
the 4th of March, which would enable the person
appointed to reach Washington in time fer Sena
toriai service, during the special session of the
Senate, which according to usage, will commence
on the next 4th of March. All that perhaps can
be now done is to see that the seat in the Senate
which is to become vacant on the 4th Of March,
1858, shall be occupied on the first Monday of De-
cember of the same year"
Abiding to Governor FoorE's reference to
precedent, the .Mississippian of December 24th
remarks: ~. - SD.
"We presume the case here referred to ia that of
James Lanman, of Connecticut. On the 4th of
March, 1925, at session of the Senate specially
called, credentials of his appointment by the Gov
ernor of the State Senator sto take effect i'm
medateiy after the Sd of March, 1926, and to con-
tinue until the next meeting of the Legislature of
said State, were presented. After due considera-
ton, his claims were rejected on the ground, &C.
cording to the authority before US, that 1T is not
competent for the Executive of State, in the recess
of a Legislature, to appoint Senator to fill va
cancy which shall happen, but has not happened at
the time Of the appointment 1t, however, pro
ceeds to say, in note, that such appears to have
been the ground of decision in this case but nei-
ther the report, the action of the Senate on it,
fully discloses the of the decision Book Of
contested elections in Congress. from 1889 to 1884,
inclusive, page 87l.) Mr.. Lannan appointed
80 q new term precisely as in the case before US
1.-The power of the Governor to make the ap-
pointment, under the circumstances, is a matter
of doubt and controversy. The weight of opin-
ion, 80 far as we have heard it expressed, hangs
against it, on the ground that the Constitution
limits the authority of the Executive to fill such
vacancies arise after an election by the Legis-
L. rOI.
our own view of the case. The point in issue is
one, however, which will have to be finally and
authoritatiyely determined by the Senate itself,
when Mr.. Kinyon presents his credentials"