Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1853-01-22
A CARD.

cohsluer III my uuty 10 supply by executive ap-
polntment, the vacancy expected to arise in the
Senatorial representation Of the State of Missis-
sippi IN the Congress Of the Union by the cx-
piration of the term Of Senator Brooke | dis
cover that some doubt has been expressed, in sew
eral quarters touching my power thus to proceed
have no complaint whatever to make on ac-
count of the animadversion to which have been
subjected in connection with this affair." nor am
at all inclined to enter upon discussion of the
grave question Involved in this case, in merely
controversial spirit. Ii has never been my ex-
pectation, as public man, to enjoy the uniform
and universal approval event Of my most partial
friends; still less have supposed it possible, by
any exercise Of DISCRETION Of which ! might find
myself capable, altogether to avoid the condemn.
alton of such as, from the operation Of various
causes, may be more or less predsposed to mis-
judge my motives and actions. In general,
have been content to make sure Of the approba-
ton Of my own conscience, relying implicitly
upon the good sense and sound virtue of the pco-
pie for ultimate justice 1t is Mr.. Burke,
think, who has so finely said ''tha very attempt
towards pleasing every body, discovers a temper
always Aashy, and often false and insincere !"
and tho short statement which is about to be sub
mittod for the consideration of my fellow-eltizons,
does not even aim to satisfy the minds Of any,
save those who really prefer truth to error and
who derive more pleasure from the bestowing Of
deserved commentator on such as intend well,
than they do from the infiction Of merited ccnsuro,
even upon those whose multiplied and aggravated
fences seem most loudly to call for this species
Of punishment.
] am Of opinion that, as the Governor of the
State of Mississippi, it will be proper for me to
appoint a United States Senator, upon the 4th
day of March next, for reasons which viii pre-
senty proceed to ayow. Before do so though,
feel bound frankly to admit, that, until with
in few months past, continued to entertain
what seems to be a common impression at pres
cnt, that no power Of appointment would exist
in such a case as the one under c0nsidcatlon.-
Nor was it until had thoroughly Investigated
the subject, in all its Important bearings that |
was constrained to come to different conclusion,
The clause Of the constitution Of the United
States, which regulates boththe election and APP
pontment of Senators, is known as section ILL.,
article /, Of that instrument, and reads as fol-
lows:
"The Senate Of the United States shall be
composed of two Senators from each State, chos-
en- by the Legislature thereof, for six years; and
each Senator shall have one vote Immediately
after they shall be assembled in consequence Of
the first election, thay shall be divided, as equal
ly as may be, into three classes. The Seats OF
the Senators of the first class shall be vacated as
the expiration Of the second year; OF the see
ond class,at the expiration Of the fourth ycaJ
and Of the third class, at the expiration Of the
sixth year; so that one third may be chosen every
second year; and if vacancies happen, by resigna-
ton or otherwise, during the recess Of the leg
islature to any State, the Executive thereof may
make temporary appointments until the next
meeting Of the Legislature, which shall then fill
such vacancies
So far as the constitution is concerned, apart
from all authority, the question in dispute would
seem to me to be not at all difficult Of solution.
Palmer language could scarcely be imagined than
the following: "If vacancies happen, by resig-
nation or otherwise, during the recess Of the Leg
isature of any State, the Executive thereof may
make temporary appointments until the next
meeting of the Legislature, which shall then ili
such vacancies" An appointment of Senator, .
made on the next fourth Of March, it is obvious,
viii be made during the recess Of the Legislature
of this State; it is equally plain chat such ap-
pontmcnt viii be made after the vacancy shall
have arisen, which is expected to occur by the
expiration Of Senator Brooke term Of Office
Such Executive appointment, also, will be in its
nature necessarily temporary. Indeed, itmay be
forcibly argued, that unless the vacancy which
will happen on the Alb Of March next be ono
capable Of being supplied by Executive appoint
ment, even the next Legislature will not be au-
thorised to elect a Senator; the words, "such Vac
caucies," in the latter part Of the clause of The
constitution cited, having manifest reference 10
vacancies which may happen by resignation or
during the recess Of the Legislature.
IL no such vacancy as will justify the exercise of
the Executive appointing power will arise on the
fourth Of March next, then is it most clear that
no such vacancy will be found existing on the
first davo the next meeting Of the Legislature,
since the constitution evidently does not rccoen-
ise even the possibility that auy intermediate ex-
irencv will arise; the effect Of which Is 10 be the
creation Of a vacancy upon some particular. day
between the said fourth day Of March and The
ensuing January, so as thus to open new held
for Legislative iuterp0sition. So much for the
constitution.
Inext assume the position, that no decision Of
this question adverse 70 the view herein stated
has ever been rendered by The United States sen
ate. do not pretend 70 be more thoroughly
yersed in the learning Of Senatorial prccedents,
Than others: nor will assert that those who 50
positively deny the existence Of The power Of aP-
which ] claim, nay not be able 70 cits
eases which have not been 50 fortunate as to
end; but DO most solomuly aves chat hava
looked carefully through the whole historyoi the
Senate as a legislative body, from the founda-
iion Of the Government up II the present date,
without being able to meet with single prece-
dent, which properly construed, is Dot O. q ma
lure to justify the exercise Of the appointing
power in the mode suggested have several .
lines seen IL confidently declared ihat such pre-
sedenis are to be found; and doubtless those Who
hus assert. believe the statement to he trge; but