Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-01-29
THE VACANCY IN A SENATORIAL SEAT FROM
MISSISSIPPI

INC governor OF the state OF mississippi, W giving
due space to the Letter, and the "Card" accompa-
nyingit which viii be found in another page Of this
paper, setting forth his views regarding the Tx
ecutivo Appointment of Senator at the commence
ment Of regular term Of six years to serve por-
ton Of such term.
The Communication of the Governor having been
induced by casual suggestion BY us of what We I'M
derstood to be the settled Law upon the subject,
there is an obvious propriety in stating some
what exactly than We have yet DONE the grounds
of the opinion upon which the Governor has made an
issue; doing not being bound to manainany
particular opinion to express any judgment upon
this subject other than such as shall be perfectly
impartial, we are actuated BY no other motive than
that of bearing true testimony to the letter and
spirit of the Constitution, the truth of history, and
Senatorial judgmcntsnd precedent upon this subject
1t is due to the earnestness and attention which
Governor FooTE- has bestowed upon the matter, in
the article above referred to- that we should endea
vor frankly but respectfully, to point out certain
inadvertencies and misconceptions into which we
believe, with great Difference, he has fallen.
The Governor has quoted that part of the Consti-
tuition relating to the choice of Senators; but, I'M
fortunately for his position this question, he has
taken stand upon one view only Of the subject
and that one the last and incidental instead of the
main and principal view.
The Constitution does expressly provide that I" the
Senate of the United States shall be composed Of
two Senators from each State, chosen by the Le-
'gislature thereof for six years. This is the main
provision for constituting the Senate of the United
States by supplying two Senator'S for each State, to
for six years. Such choice, by the State Le-
gslatures, was necessary for the formation of the
Senate in the first instance, when, in accordance
with the Constitution, the Senators were divided
into three classes; such choice is necessary when
new States are first represented in the Senate and
such choice has ever been considered necessary to
renew the SIX years term, before the expiration of
sucl. term, either from its first creation or from
any subsequent renewal Should the Legislature,
which IS but one branch Of the State authority, fail
to perform its duty to its own State as well to
the United States by declining, emitting, or neglect
ing to choose Senator at proper time, so as to
leave interval or intenegnum in the representa-
ton Of any State in the Senate, it would thereby
undertake, tacitly at least by such derelction of
duty, to deprive the State Of its equal suffrage in
the Senate, in palpable violation Of the Censtitu-
ton which declares, in the last clause Of the 9th
article that no State, without its consent shall be
deprived Of its equal suffrage in the Senate
The only mode and manner Of avoiding SUCH
violation of the Constitution, and injury to the
State, Is by previously choosing Senator by the
Legislature. Without such previous election by
the Legislatures the Senate would not have been
in existence on the 4th Of March, 1889, to begin
the Government under the Constitution; by such
previous election new States are provided with
representatives. in the Senate as soon admitted into
the Unions and by such previous election the con-
iinued organization and integrity of the Senate has
been preserved from the beginning Of the Govern
ment; and, we sincerely trust, will continue t. be
until the end Of time.
BY adducing few isolated cases, and those be
ins not only exceptions to, but violations Of the
rule, the Governor has brought forward strong es-
timony to prove and confirm the rule, and the re-
gularly established practice Of the Government
under the Constitution For, while all the hun
dreds Of other cases Of previous appointments by
the Legislatures, and Of declining or emitting to
appoint in such cases by the State Executives, arc
Numerically opposed to the views Of his Excellen-
cy, he has been. able to adduce but FIVE cases in
question or point made in the Senate and that was
in tho case of URIAH TRAcY, Of Connecticut in
1901, in which Gov. FooTE's present views were
supported alone by Members Of the Old Federal
party, having then majority Of three in the Sc
nate over the Jeffersonian Republicans the latter
Of whom denied, by their VOTE that the Governor
had any right or power to make appointment Of
Senator for any portion Of term to supply the
omission Of the Legislature to choose in proper
time Senator for full term Of six years.
The Governor and those who side with him now
on this question, viii find that in the cases since
occurring in the Senate, Of which only two arc no
ticcd, his views are conclusiyely reversed BY the
reports Of the committees to whom they were re-
fcrrcd and by the votes Of the Senate In the first
Of these, that Of JAMES LANMAN, of Connecticut
they will find themselves opposed by the following
distinguished statesmen, many Of whom have since
passed from the stage Of life, viz Messrs. Barton,
Bcnton, Berricn, Branch, Chandler, Dckcrson,
Eaton Findlay Gaillard, Hayne, Holmes Of Maine,
Holmes Of Mississippi, jackson, King Of Alabama,
Lloyd ot Maryland, Macon, Marks Rugglcs, Smith,
iaze"eil, Van Buren,, Van Dyke, and Williams.
~ viii be perceived that both the Senators from
the state Of Mississippi then in the Senate went,
with tie other distinguished statesmen above nam