The Yazoo Democrat., 1853-01-12

lext, be one capable Of being supplied by Exec
ltve appointment, even the next Legislature
will not be authorised to elect a Senator the
yorls. "such vacancies" in the latter part OF
he lause of the constitution cited, having mani
est reference TO vacancies which may happen by
or otherwise, dnrng the recess of the
Legislature. II no such vacancy as viii justify
the exercise of the Executive appointing power
will arise on the fourth of March next, then is il
most clear that no such vacancy will be found
existing on the first day of the next meeting of
the Legislature, since the constitution evidently
does not recognise even the possibility that any
exigency will arise, the effect OF
which is to be the creation Of vacancy upon
some particular day between the said fourth day
of March and the ensuing January, so thus to
open new field tor Legislative interposition.-
So much for the constitution.
j next assume the position. that no decision of
this question adverse to the view herein stated,
has ever been rendered by the United States Sen
ate. ] do not pretend to be more thoroughly
versed in the learning of Senatorial precedents,
than others nor will | assert that those who so
positively deny the existence of the power of ap-
pointment which claim, may not be abe to
cite cases which have not been SO fortunate as
to find; but do most soemnly aver that have
looked carefully through the whole history Of the
Senate as Legislative body, from the foundation
of the government up to the present date, with
out being able to meet with single precedent,
which properly construed, is not of nature to
justify the exercise of the appointing power in
h., IL, I Iax-
it confidently declared that such precedents are
to be found and doubtless those who thus as
sert, believe the statement to be true but beg
leave respectfully to intimate that mere asserver-
alton in regard to so grave matter, however
put forth, is not exactly equivalent
to solid proof-nor conjecture, however plausi-
bly, presented, to substantial verify, and the good
people of Mississippi will, if know anything
at all of their attributes, demand something far
stronger than mere fippant affirmation to salts
fly them they are, in their sovereign capacity, on
ly entitled to a single Senatorial representative in
Congfess from the fourth Of March next up to
the beginning of another year, and even for sew
eral weeks thereafter.
The fact is, that the notion now prevalent on
rency had it not been so uniformly the practice
of late years, of all our State Legislature to an
ticipate the arising of such vacancies as that
which will occur next March, by the eection
of a new Senator in advance of the prospective
vacancy. So seldom do vacancies now happen,
by the mere expiration of Senatorial term
without having been provided for beforehand
1t
almost to have forgotten that this duty may by
possibility, be sometimes neglected.
take the ground, finally. that, SO far as Sena-
torial precedents are concerned they are all of a
character favorable to the exercise of the power
of appointment insisted on. 1t would be quite
easy to cite numerous cases strictly analogous to
that with which the Executive of this State will
have to deal on the fourth day of March next.
and to show that in each one Of them, the action
of the Senate has been such as to affirm the right
of appointment. shall content myself on this
occasion with bringing forward few of these
cases only, and I shall respectfully ask for them
an unprejudiced consid Grafton. In the year 1884
a work was published, under the sanction of the
national Legislature, entitled: CEASES OF CoN-
rrsrrn E1.rcl7aNs ~ CoEGREss, FROM THE YEAR
1888 to 1881, INCLUSIVE. | quote the precise
words of the volume referred to, as follows;
l .'WilIiam Cooke of Tennessee. produced his
of appointment by the Governor, and
IN the 18th of May, 1897, took his seat''
?. s0n the fourth of March. 1901, Uriah Tracy
IF Connecticut, having presented, under an APP
pointment by the Governor and Council Of the
said State, exception was taken to the credentials
md debate ensued thereon; but on motion thai
be be permitted TO take the oath required By the
constitution, it passed in the affirmative Yeas
3, nays 10.
'.And the oath was accordingly administered
% Mr.. Tracy by the Vice President"
3. sWilllam Hindman. of Maryland, appoint
d by the Governor, appeared on the 9th March.
S0l, and took his seat"
A. Joseph Anderson, of Tennessee, his term
laying expired, was re-appointed by the Cover
lor, and took his seat on the fourth of March, |
8o9"
Samuel Smith, of Maryland, appointed
n the same manner, took his scat on the same
lay.'
will no farther multiply cases, either now
n hereaftet, as it would be easy to do unless
some adverse decision can be produced, which
hold to be next to impossible. The only decis-
on which can ever be tortured by ingenuity
nto an opposing authority, is that which was
in the case of Mr.. LanmaR, of Con-
lecticut, in the year 1925; but even this one.
when properly considered, viii be found not
It all to coufict with the antecedent cases.
r