Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-01-29
NATIONAL INTELLIGENCER.
= zErrER FROM GOVERNOR FoOTE.
JACKSON, Miss. JANUARY II, 1853.

published an editorial article in which you in very
pointed and emphatic manner call IN question my power
as the Governor Of the State Of Mississippi to supply by
Executive appointment the vacancy which will arise in
the Senatorial representation Of said State on the 4th OF
March next 10y the expiration of Senator BRooKEs term
You employ in the article referred to- the following strong
Language
1t is true that the of Of the Senator's from
Mississippi will expire in March next, but it is equally
true that the Legislature of that State apprzed Mt its
last session of this prospective vacancy anu either reius
ed elect Senator or ned in the eHort TO DO So
Under these circumstances the Governor has no power
over the appointment, he only fiji vacancy incl
dentlly occurring directly in point was settled
tweny-seyen years ago by the Senate itself when, dis
regarding several presidents being cases IN which no
objection had been raised it refused to recognise the
commission, commencing with regular term which was
granted Mr. LANaAy hy the Governor OF Connecticut
This judgment, given against Executive appointment
which perhaps entitled to greater weight from Its
having made in of the statute law Oh Con-
neccu has stood until the present day We presume,
therefore, that Mississippi win remain unrepresentcd in
one Of her Senatorial chairs until her Legislature shall
elect person to fill it, and in this respect she will be i'll
the condition North Carolina, whose Legislature
has in like failed TO choose Senator to occupy
of her seats that viii become vacant the 4th Of
March next"
Allow say, with great respect, that after deli
berate examination of the whole subject have not been
able in the view expressed by you in the extract
quoted and without hope that you, after some
what careful scrutiny of the clause Of the Consu
ton referred to- and Of the decided may at least
End reason doubt extent the opinion to which
You have given II may be that the trainers
OF Constitution intended TO limit the appointing power
Of the State Executives of Senatorial vacancy
.iae3entaly occurring " and perfectly aware that
this opinion formally ferh in the report Of Mr.
Grundy during the special session of 1897 in the of
Mr. Sewer of Arkansas. But have indeed been siugu-
larry unfortunate in the conclusion which have felt
strained TO adopt touching the and interesting ques
ton involved if there be any thing either in the phrase
oogy Of the Constitution In the Senatorial precedents
justify Mr. Grundy il the view incidentally held forth
by him il report which evidently drawn up in
very asy manner and without that cautious examina-
ton OF audged whichwould have been desira
BILE Mr. Grundy, it will beeen, bases his opinion
sy upon the celebrated Lapan case and that turns
out to be really one affirmative Of the position that after
tie ef Adrch-that is say, after the happening Of
the r1cdu-he Ereeutre poer Of appointment does ers
feel confident that no one will deny that Senators
thus appointed to fill vacancies arising at the end of
of six years uniformly allowed to take their
without opposition fomany quarter for than
the third Of century after the Federal Constitution
into operaton and there fact nothing in the de-
esion in the Lanman CASE or uhe decisions in subse
qGen cases. initiate against the plain language Of the
Constitution, should hope that it may not be yet too
late that sacred instrument from misconstruc
ton which would appear have arisen chiefly through
the influence Of accidental causes and from which if
removed much mischief may be expected hereafter to
result.
You speak OF the commission, Of Mr. Lanman as one
commencing 9Th regular erm''s You viii find on look
ing again into that case that decision adverse Mr.
Lanman actually rendered upon the ground that the
commission given him by the Governor of Connecticut
did with the regular term that is to say
on 4th of March, but dated n TIE month Of February
preceding The Of such decision is obvious: it
IS always least po,sb that election by the Legisa
ture may take place Bore the vacancy shall point of
fact have occurred and whilst this is the state of things
the Legislature be looked to alone for such action
rs will prevent the vacancy from occurring during its
recess, to make it necessary that the Executive
should appoint
You win not fail to observe gentlemen that have not
contemplated the doing in the or the Senatorial
vacancy which is about than to appoint
after the 4h Of March, to steer clear entirely ofthe
difficulty which arose in the Of Lanman, upon which
you so strongly 10 rely
You say that you "presume that Mississippi will re-
main unrepesened in of her Senatorial chairs until
her Legislature shall elect person to fill it." This pre-
sumption Of yours may rru out in the end to be we'll
founded. confess that certain recent indications have
gather tendod 70 awaken uneasness in my own
mind as to the ultimate result But shall regard
the constitutional right to appoint free from all
sonable doubt and If the matter qtegrd,
suppose that many intelligent would be found
who would be inclined to call in question all the earlier
prccedents aud adopt construction most palpably at
war with the plain language Of the Constitution itself
hope gentlemen, that under the circumstances, you
will not feel that am asking too much your hands in
requesting the insertion in your columns Of the subjoned
Gard" in which my views this subject somewhat
formally forth than have thought il necessary
70 present them in this nasty communication.
have the honor to be, your friend and obedent
want, II. s. FoOTE.
IRON TINS FLAG OF THE UNION"
CARD
Since the fact has been made known through the pub
lie prints Of the country that should consider IL my duty
TO supply, by Executive appointment the vacancy
ed 10 arise in the Senatorial representation Of the State
OF Mississippi in the Congress Of the Union by the expi
ration Of the term Of Senator BROOKE discover that
doubt has been expressed in several qunrcrs touch
ing my power thus TO proceed have no conpaint what
make account Of the aninadyerson 10 which
have been subjected in connexon with this affair nor am
At all inclined TO enter upon discussion OF the grave
question involved in this in merely
spirit II has been my expectation A. a public
man enjoy the uniform and universal approval even
partial friends still less have supposed IA nos
sble by any exercise Of discretion Of which might I'm,
myself capable altogether to avoid the condemnation
such from tho operation of various causes may he NOR
or less prsdisposea to misjudge my motives and
general have been content to make Of the appro
baton Of my conscience relying implicitly upon IN
good and sound vrtae Of the people for ui,;ua
justice II is Mr. Burke, think, who has 30 finely sal
that he attempt torIis pieqny 6rerg body dscor