Flag of the Union. [volume] (Jackson, Miss.) 1850-18??, 1853-02-11
Letter from Cor. Eroote.
JscEsos Mlss.a Jan. 10 1859.

8s@tS letter from Cor. Foote. -
| JscKsos (yIIss., Jan. I2 1853.
j 10 Messrs Gales .. Seafon
liz ETLEMEE :--In the InielIgencer of the III
uli.,yon published an editorial article III 8 bie
you, 10 very pointed and emphatic manne,
eau 10 question my powersas Governor Of IN
State Of mississippi. 10 supply by Executiy
Appointment the vacancy which will arfse in. III
Senatorial representation OF said State on the An
OF March next, by the expiration Of Senate
/ brooke's term. You employ, in the article re
TERED to, the following strong language
II IS true that the term Of one of the Senator,
from Mississippi will expire in March next. ba
IT'S equally true that The Legislature oftbat STAT,
was apPrized at its last session of this orosnec
i've vacancy, and either Ssiused to elect new
/ Senator or failed in the effort 10 do so. Under
these circumstances the Governor has no powe,
over the appointment. as he can only fiji va.
cancy incidentally occurring. case directly
- point was settled Ewentyseven years ago, BY
the Senate itself, when disrerardino ssveraI
precedents, lbeing eases id which no objection
| had been raised, II refused to recognize the
commissioi1,T commencing with regular term.
which was granted to Mserssman by The Gov.
ernor OF Connecicut. This fudanlent. Given
against an Executive appointment which was
perhaps entitled to greater weight from its hav.
ing been made Ia pursuance of the staiute laa,
OF Connecticut, has stood until the present dav
we presume, therefore that Mississippi will re-.
nam unrePresented in one of her Senatorial
chairs until the Legislature shall elect a ne rson
'ohi III and In this respect she will be in the san
cohoiilon as North Carolina, whose Legislature
mas In like manner failed 10 choose Senator 10
occupy one Of her seats that will become vacant
on the 9TH of March next 49," =
Allow me TO say. with great respect, that. af.
yer deliberate examination Of the whole sab
5ect, nave not been able 70 concur in the via,v
expressed by you In the extract quoted. and
am not without The hope that you, after soma
what more careful scrutiny of the c,spse of tho
constitution referred 10, and ofthe decided cases
may at least find reason tadoubt TO some ertent
The opinIonto which You. lave g zen announces.
meni. 1t may be that the trainers of the Consul.
iaaon intended 10 limit the appointing power Of
io o.d'e executives to cases of Senatorial yacan-
cy "inetde'naAy occarriagsi' and an perfecllv
aware that this opinion was formally SET firth i
the report of Mr.. Grundy, during the specjal ses.
session OF 1873 7, IN the caseof Mr.. Sewer. ofAr.
kahsas. But have indeed been sinoularIy nm.
Fortunate In the conclusion " hict have fell con.
strained 10 adopt touching the grave and interest.
lag question involved, ifttere be any,bing, eihsr
IN the phraseology of the Cons itntiou or in ,be
Senatorial presidents, to justify Mr.. Grundv in
Inc view incidentally held forth by him in report
~h'ch was evidently drawnnp in a very hasty man.
hff' ana without that cautious examination of
adjudged cases which would have bee, 60 Jaa;.a
DE- MT. Grundy, II will be seen, bases his opin-
on dr0Uedly upon the celebrated Lanman case
md that case turns out 10 be realIv one al;
'f the position that Gtler the IA Of Marchtba,; is
70 say after the happening u lie raeanev -tAe Er.
ett're poorer Of oppofninent dies aot tgif
feel conhdent that no one will denv that
thus appointed to fill vacancies arising 1
It The end of a term of six years were uniEor,nIy !
IIiowed to take their seals without oppositioo /
rom any quarter for more than the third of a cen.
ufy after the General Constitution went into en-.
ration; and IT there befn TACT nothing in The /
eeisioh III me LanInan case, or in the decisions
= subsequent cases, TO initiate against the plain
lhguage OF me Constitution, should hope that
may not be yet too late TO rescue that sacred
from msconstruelion which wo.A
ppear to have arisen chiefly through the infin-
nee OF accidental causes, and from which. II mi
enoVed' much mischief may be expected here
fter to result.
GU speak OF The commission of Mr.. Ianman
$ one ''coEaniencing toifh regular term" Won
'il find on looking again into that case. that
eclsion adverse to Mr.. Lanman was actually
andered upon the ground thsf the commission
wen him by the Governor of Connecticut did /,
OF commence Wit'l the regular term, that is to
iy. on the 4th of March, bat ,oas dated in HE
'onfh q Feoruary preceding. The reason of |
neh decision is obvious lii is always at least
ossfhle that an election by the Legislature NAV
Ike place bsfore the vacancy shall in point Of
ct have occurred; and, whilst This is The state I
things, the Legislature must be looked TO alone
n such action as will prevent the vacancy from i
curing ounng Its recess, so as 10 make il me- I
'ssary that the Executive should sppoint. a
I GU will not fail to observe, gentlemen. that |,
have not contemplated The. doing mere In the h
se OF the Senatorial vacancy which is about to $
cur than 70 appoinfon or gfiersihs An ofsfareh.
asto steer clear entirely Of the diligently which
ose N me case OF Lsnmaa, npon which you 8
EN- 30 strongly 10 rely. II
Y say that You "Presume that Mississipoi ]
i'll remain unrspfesenied In one Of her Senate C
i chairs until her Legislature shall elect 4 per Il
ITO Bill Il. This presnmpiion of YOURS NAV o.
70 out in the end 10 be we'll founded. con- "a
i that certain recent indications have rather u
lded 70 awaken some uneasiness Il, nv avn a
nd as 70 the ultimate resisA. But / shall aver G,
yard the constitutional right TO appoint as free NJ
IN all reasonable doubt; and IL !he matter were al
W res integrq, cannot suppose that many in in
iigent men would be found who would be in
ned 10 call In question all the earlier prece- Z
nts. and adopt q construction most paIpahiy n
wa "sss thr pidih language Oh the Gonstitu- =
n itself
hope, gentlemen. that, under The circum.
nees. Won will M, faei ',,,s, fs,a -. ag
lch Al your hands in requesting the insertion 81
the sahioined .tCard, !" in which my views On Z
9 subject are somewhat more formally set On
% than have thought it necessary 10 present ~
I'M In this hasty communication. To-
have the honor 70 be, your friend and obedi- ns
servant, H. S. FOOTE. v
! The Gard" above referred TO has already "a -
N published in this paperl Il I ssss >
OF CoTTos In GRrAT BalTAir. a e'
. total aggregate of Cotton imported into ~ y,
]. reg, a,...a =. 90 49, 70 uu'ing Nc cal
- -: : &C., - 80 'S,vVV Uaies, SHOW
=. M !. w osscs oser the prs VIII