Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1853-01-01
From the NeksJurg Wig
Anew United States Senator,

We are informed thathis excellencv Gov Foote,
has appointed Benjamin n Kinyon, of Tshemn-
go, Senator in Congress from the State of Mis-
sissppi-his term of service to commence on the
9Th of March, 1858, and end, We know not when.
We think it has been generally understood since
the adjournment of the called session of the Leg
islature, that the Government ofthe United States
would have to get along in the best way it could
with the assistance of but one Senator from Mssis-
sipp after the 4th of March next, until the next
regular meeting of the Legislature of the State
but our Governor, by this act of appointment, has
decided differently. How far his decision and his
act, will vary the general understanding, remains
yet to be tested. Senators in Congress are cho-
sen in accordance with the provisions of the Con-
stitution of the United States, and vacancies oc-
curing, are filed in accordance with that chart
and compass of our rights-to it we must there
fore refer The Sd section of the 1st article of the
Constitution says:
''The Senate of the United States shall be COM
posed of two Senators from each State, chosen by
tie Legislature thereof, for sac gears" This, it
occurs to US, is clear and explicit, as to hosO and
for what time Senators shall be chosen by the diff
erent States; but to guard against vacancies &C.
curing during the periods for which the Legisla-
lures hare elected. The same section goes on,
and says
'And if vacancies happen by resignation, or
otherwise, during the recess of the Legislature OF
any State, the Executive thereof may make tenn
porary appointments, until the next meeting of the
Legislature, which shall then fill such vacancies
The first clause we quote designates clearly the
number of Senators to which each State shall be
entitled in the Senate, and the branch of the State
Government charged with the selection or choos-
ing of them and the second clause quoted is quite
as explicit, think, in limiting the power and au-
= &c
as may occur in the terms which have previously
been filled by the Legislature-and to such only.
We have no idea that the Senate will admit Mr.
Kinyon to seat. under this appointment of the
Governor; for by SO doing they would have not
only to disregard the spirit and intention of the fra
mers of the Constitution, and the settled rule OF
construction upon the subject, but would establish
precedent which would Justify the Executive Of
GERS of the different States in all future time, in
exercising power of selection which the Consti-
tuition has wisely vested in Legislative bodies alone
We confess that when we first heard that Gov
Foote had made an appointment we were surpris-
ed because we know that, heretofore he has held
and urged it upon the last Legislature as a reason
why they should elect-that the Executive did not
possess the Constitutional right of appointing q
Senator for the regular term, commencing on the
9th March, 1853 But even if we could admit
that he had the Constitutional right to appoint,
should, in the name and behalf of the intelligent
Union Democratic voters of the State, object tc
the appointment of B. N. Kinyon as Senator ii
Congress, while such men W. S. Wilson, O
Claiborne, G. F. Hemingway, of Carroll, DC.
can be found in their ranks. five recolect Alright
this Mr.. Kinyon. (although he calls himselfa I'm
ion, law-loviag man) is the same gentleman who
spoke SO hercely last spring about resisting witt
force the Constitutional authorities of the State
! &C. &c