The Yazoo Democrat., 1853-01-12
A CARD.

A CARD.
Since the fact had been made known through
the public prints of the country, that should
consider it my duty to supply, by executive ap-
pointment, the vacancy expected to arise in the
Senatorial representation of the State of Mis-
sissippi in the Congress of the Union By the
expiration of the term Of Senator Brooke, / dis
cover that some doubt has been expressed, in
several quarters, touching my power thus to
proceed. have no complaint whatever to make
on account of the aniEnadversion to which |
have been subjected in connection with this af
fair, nor am at all inclined to enter upon dis
cussion of the grave question involved in this
case, in a merely controversial spirit. 1t has
never been my expectation, as public man, to
enjoy the uniform and universal approval even
of my most partial friends still less have sup
posed it possible, by any exercise of discretion
of which might find myself capable, altogether
to avoid the condemnation of such as, from the
operation of various causes may be more or less
predisposed 10 misjudge my motives and actions
In general. have been content to make sure of
the appreciation of my own conscience, rel ying
implicitly upon the good sense and sound virtue
of the people for ultimate justice. 1t is Mr..
Burke, l think who has so finely said, that g the
very attempt towards pleasing every body, dis
covers temper always fashy, and often false
and ins;acere = and the short statement which is
about to be submitted for the consideration OF
my fellow-citizens, does moi 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 commendatlGn
on such as intend well, than they do from the
lnfliction of merited censure, even upon those
whose multiplied and aggravated offences seem
most loudly to call for this species of punish
ment.
am Of opinion, that, as the Governor Of the
State of Mississippi it will be proper for me to
appoint United States Senator, upon the 18th
day Of March next. for reasons which will pre-
] feel bound frankly to admit that, until within
a few months past, | continued to entertain
what seems to be common impression at pres
ent that no power of appointment would exist
in such case as the one under reconsideration
Nor was it until had thoroughly Investigated
the subject, in all It's important bearings that |
was constrained to come to different conclu-
sion.
The clause of the constitution OF the United
States, which regulates both the election and APP
pointment of Senator's is known as section H.
article /, of that instrument, and reads as fol-
lows
" The Senate of the United States shall be
composed of two Senators from each State, cho-
sen 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, they shall be divided as equal
ly as may be, into three classes. The seats Of
the Senators of the first class shall shall be vaca
ted at the expiration of the,second year; of the
second class, at the expiration Of the fourth
year; 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
or otherwise, during the recess of the
Legislature of any State, the Executive thereof
may make temporary appointments until the
next meeting Of the Legislature, which shall
then ill 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 otheswise, during the recess Of the
Legislature of any State, the Executive thereof
may make temporary appointments until the |
next meeting Of the Legislature, whichshall then
fIl such vacancies. An appointment of Sena-
tor, made on the next fourth Of March. it is OBJ
vious, viii be made during the recess of the Leg
stature of this State; it is equally plain that
luch appointment will be made after the vacan-
y shall have arisen, which is expected 10 occur
oy the expiration Of Senator Brooke's term of
'ffiee. Such Executive appo intnent, also, will
be in its nature necessarily temporary Indeed.