Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-03-19
SENATORIAL VACANCIES.

put which that gentleman hau declined. AS the
power Of the Governor to fill the vacancy has been
the subject of some discussion in our paper we think
it proper to insert the letter of his Exceeney sta
ting his reasons for forbearng further action in the
matter, and also the letter of Mr. KENYON, assign
ing his reasons for declining the appointment. As
the Executives of none Of the three or four other
States IN whose Senatorial representation similar va
eancies now exist have thought fit to exercise the pow
er OF filling them, may regard it as an admission of
their constitutional inability to fill such vacancies,
and, taken in connection with Governor Foote'S and
Mr. Kenyon's letters, we may regard it as settling
the question.
EXECUTIVE CHAMBER,
JACKSON, FEBRUARY IL, 1853
Edit0r Of The Flag efhe Union -
DEAR SIR have received the following letter from the
Hon D. N Kenyon declining the appointment of United
States Senator heretofore rendered him by The
patriotic disnteresedness displayed by him in this affair
WILL am sure be most favorably appreciated by our
zens ana certainly most deeply regret that this excel
lent and worthy gentleman has felt bound the reasons
stated by him in his letter Of declenson withhold his
services from his country at when but
think they would have proved emnenty beneficial it.
Having now made all proper efforts the full rep
senation Of the State in the Senate for the twelve
months which will the 4th of March next and these
Efforts having proved lamentably abortive shall take
no further steps to attain the desired object and shall
leave the whole be disposed of the good people
of the State may decide at the ballot box November
have the honor to be- respectfully and cordially your
friend and felow-citizen, H. S. FOOTE.
JAcrNTo (NIIss) JANUARY 30, 1858.
His Excelenty III. S. FooTE:
DEAR SIR As the fourth Of March approaches, when
you have proposed to make appointment of a United
States Senator to supply the vacancy which will then
arise by Interpolation of Senator BRooKEs term have
deemed it proper to make known to you that finding the
question asst your power of appointment is being freely
discussed, and great prejudged, taking the
whole subject into consideration, both in its general and
particular bearings and with reference to the various
interests involved in it, have concluded decline the
honor unexpectedly proered by you which
shall presently proceed to state of which Of
nature to diminish weaken that sentiment of profound
gratitude which your kind partially has gnally
infested in this instance, and which shall continue to
cherish as long as life itself be vouchsafed to me.
The above limited at and which will control my
conduct on this OCCASION follows: So the
fact made known through the public press that you
had concluded to exercise the appointing power the
fourth of March next many the influential newspa
pers both in this State and elsewhere including the Ma
honal Leigsncer which believe is the oldest journal
now published in Washington, took ground in opposition
to the action proposed by you urging constitutional oec
of quite plausible character the exercise of the
appointing power under such circumstances win stand
associated with this when the Senatorial vacancy
shall have actually occurred suppose probable that
majority of the newspapers Of State have al
ready concurred in the views forth in the negencer
and am inclined to suppose also that very decided i'm
preston has been made upon the public mind in oppo
ston to the appointment Of Senator in the mode ndi-
Gated by you. Now, though, after full examination of
the constitutional question involved, my own mind is
firmly fixed in the conviction that your power appoint
is beyond all reasonable question: yet inasmuch
never been eagerly DESTROYS Of public station Of any kind
and have ever felt the most unqualified respect for the
matured public sentiment Of my countrymen especially
upon SO questions Of merely poitcH1 cast, have no
disposition TO enter into fierce contest for station even
Of such high responsibility when there is much
to suppose that should not be sustained in the struggle
which must necessarily take place. at least to the extent
which would be desrabby the ympathie of those for
the advancement Of whose welfare alone could desire to
occupy seat in the ilustrous body for which you have
judged it right to designate Whilst therefore, as
have already stated entertain the least doubt of
your authority to make the appointment in question: and
though when it first profered considered my
duty good citizen to accept it. and endeavor the full
my ability perform the duties apperainng tot
faithfully and effectively yet nasmuch the state things
exists which have already described, hope you will al
low to withdraw the acceptance formerly made and
thus give you opportunity you choose to embrace
it. Of appointing other individual whose promotion
may prove agreeable to my eowcitizens in gene
raj than imagine my own would do.
may be permitted to say, in addition, that Union
man. as State Rights man, and peoples rights man.
could not but hold il quite unfortunate for the coun
try and for our Institutions any State of the thryone
should ever either from political apathy or any other
cause consent to remain, either wholly partially
in the United States Senate for any con-
siderable period of time. The Union man might well
consider this state Of things approxmatng in practice
to the dreaded evil Of Secession the heightened friend
Of State Rights might reasonably apprehend that failure
on the part Of the sovereign members Of the Confederacy
to claim their c9uql representation in the Senate at 80 cr
teal period in history would have the effect OF i'm
pairing the dignity Of his cherished principles and nGict
fatal blow upon the reserved rights Of the States and
people, and the people themselves in their national cha
racter be evidently exposed serious injury from
so serious disturbance Of that admirable system Of
checks and balances which distinguishes frame Of gov
eminent The present perous condition of our foreign
relations, and the difficulty which the Presdentelect is
likely have in the organization Of his Cabinet as well
as in regard to the confirmation Of his official appoint
ments in general would to make it a matter Of .
special regret that State cannot be fully repre-
scented in the Senate at the present time, until the
next assembage Of our Legislature.
cannot conclude this letter without formal declara-
ton that in pursuing the which have already
ntimated, do not feel that am making any personal
sacrifices and hope to oe recognised by those who feel