New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-04

The VACANCY IN THE u. s. SENATE, FROM
MrssIssIrPI-7h The VieksbHrg wig confirms the tele-
graphic announcement of he appointment Of Mr. kuyon
to I'll the vacancy which will occur in the u & senase,by
the expiration of Mr.. Brooke's term. kinyon, -
pears Ia hibuser and his appointment gives diassts-
faction TO portion Of the Union Party. This appoint
,nent will be likely to lead to some discussion, and w
give Tire Wigs article on IL:
A NEW UNITED STATES SENAros-We are informed
that his excellency Gov Fooe, has apponted bonJennn
n kinyon OF TshemiDgo, Senator In Congress rom
The State Of Missssipphis OF service 10 coulnence
on the 5th March, 1853, and end we know not when
We think has been generally understood since the
adjournment othe called session othe Legisatare that
the Government OF the United states would have " 60
along In the best way could with tho assistance Of but
Senator from Mississippi amor the fth March nexf
until the next regular meong of tho Legislature OF the
State but Governor by this act OF appointment has
decided differently How far his decision and his act
will vary the general understanding remains yet 10 be-
tested Senators In Congress chosen In accordance
with the provisions Of thu Constitution OF tho United
ststes and vacancies occurring hled In accordance
with that chart and compass of our nghfs-to we muA
therefore refer Tue ID section o the Let article Of tbs
Constitution ssys;
The Senate ofthe United STATES shall composed oftwo
Senators rom each STATE chosen BY me Legislature fAsre
Joy sir years."
Ills, occurs to US IL clear aud explicit ~ to Aos
and for what tune Senators shall he chosen by tho differ
,si States but guard against vacancies occurring
during the periods for which the Legislatures Asss
elected. The same section goes on, and says
And ifvacsnces happen by Iesisuaton o;hsvwiss,
during the the Lessture Of state this ESec
utiye thereof male Temporary appointments until the
next meeting Of the Legislature which shall tbsn oil such
vacancies"
The first clause we quote dcsignntes clearly tho nnn
Ier OF Senators TO which each State shall be entitled In
the Senate and the branch Of the State Governuieo
charged with the selection choosing Of them and the
second cause quoted Is quite explicit, we think, In
limiting the power and authority OF the Executive 10
appoint to such vacancies may occur In terms which
have previously been hlled by the Legislature and 10
ouch only We have idea that the Senate will sint
Mr. Kipyon 10 q seat, under this appointment OF tho
Governor for by go doing they would have not only 70
disregard the spirit and intention OF the hamers OF Nc
Constitution and the settled rule Of construction upon
the subject, but would establish president which
would Justify the Executive officers Ut the dinesent
s,stes In all future tune in exercising power OF sslec
don which the Constitution has wisely yested In Legs
latye bodies alone. We confess that when We FIRST
were surprised, because know that, heretofore he
has held and urged il upon the last Lesslstase -
reason why they should elect that the Executive did
not possess the Constitutional night Of appointing
senator the res ulsr term, commencing ts 5th
March ls53 But event could admit Inst he bad the
Constitutional right ~ appoint we should, In the name
sud behalf of the intelligent Union Democratic voters of
the State objecttO the appointment OF NJ hnyon ~
Senator Ia Congress, while such men - w. ~ wilson,
OF Claiborne, c. r. Hemmingwsy. Of Carroll, &c, can
be found In their ranks. II we recoed Alright hls Mr.
Kip,on although he CALI himself Union, law loving
man Is the sane gentleman who spoke 90 hereely last
spring about resisting with force the Constitutional sa
thori,ies OF the State, &c. &c.