Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-02-19
TO THE EDITORS.


TO THE EDITORS
JAcEsoS, (MIss.) FEBaEARY 4, 1853.
GEsTLEhxS: am this moment in receipt of the num-
bero your paper Of January 27th in which you have
hsd the politeness to publish my letter to yourselves Of
the 18th utmo wherein endeavored to sindicate my
sef against certain editorial remarks Of yoar In which
you called in question my power appoint Senator TO
supply the vacancy that will then arise by the sxpiraten
Of Senator BR00KEs term do not at all desire to pro-
long the controversy which has accidentally sprung up
between upon this subject snd which has been
dueted ON both sides with much courtesy and kind
Aow though, il you please, to say that in the
editorial article in whicyou have again presented your
the question ~ issue, cannot perceive that
you have in the least degse weakened the force Of what
hayS formerly said, stated ths positions originally
assumed by yourselves with greater show plausbilia
taa@t zieA marked ths editorial structures which
XhMys A1eay ueWendad. Vpp hare not yet shown thsA
- ~ WniAsd atsAes IA svsr yet decided that
- M1eoNp - T. ess1o AaeS 1EA sppeiRt =
6snsSsr arsr ~ 2stasI r. n - efsseeae1f
been able deny thst yoorginal dssoryOn Of the
Lanman was this that his did
poist Of taes A regular term, but bore
date several weeEs prior the beginning Of that term. You
still cite that against il you had not in the
first instance misdescribed it, and bring forward in add
on portion of the report Of Mr. Grundy in 1887, the
whole force Of whch seems TO me to have been derived
from the misconceptonnto which you have your
selves fallen. The plain language of the Constitution
you appear to insist should be utterly dsregarded
and that the ola1se of it which is the subject Of cono
versy should be construed if the word aacidentay
nserted therein TO make it read thus " If
vacancies incidentally happen by resignation otherwise
during the of the Legislature Of any State the
until thsnext meeting Of the Legislature, which shall
then fill such vacancies Unfortunately for your view
Of the subject this little word incidentally is not to be-
found in the Constitutions is the meaning which Isl
ordinary parance understood to be annexed thereto
at all implied in the verbiage of that instrument You
say that the word happen, here used in the Constta
ton, clearly defines contingency in which the Governor
Of State has the power to make " temporary appoint
ment;" and you add "The meaning of this word, ac-
cording the best authorities being fall ou chance
pass, to gA fall By chance in which may be
plainly recognised the intention Of the trainers Of the
Constitution to provide for the nany contingencies de-
pending upon the uncertainty of fe upon the accidents
of ife and the changes of the mind win to which
individual who may be chosen by the Legislature for
six years is always liable" Itwoud be quite easy,
think to show that your definition Of the word happen
is not sufficiently comprehensice shall not go into
the pathological learning which elongs to this point
sufficient say indeed you admit that one Of the
meanings of the word happen is TO TO and
that according to other vocabuasts it is equivalent to
the word occur and that there chances to be high uri
dical authority upon the point under consideration,
for which feel sure you viii be inclined TO manifest the
most profound respect Judge Story, in his Commen-
tarles on INC Ov.ssrs-.a~.. m. 79h
page 20 in constituting this very clause Of the Consttu
tion, says:
Gas vacancies might in the Senate during the
Of the State Legislature it became indispensable
to provide for that exigency. Accordingly this same
clause proceeds to declare And if vacancies &c.
does not appear that any strong objection urged in
the Convention against this proposition, although it was
not adopted without some opposition There seems to
the Convention either to leave the vacancies untitled
til the meeting Of the State legislature to allow the
Legislature provide at their pleasure prospecvey for
the occurrence: to confde temporary appointment
to select State functionary body The latter
deemed The satisfactory and Convenient Con-
fdence might justly be reposed in the State Executive
representing the interests and wishes of the State
and enjoying all the proper of knowledge and the
responsibility to assure judcious appointment"
Ipray you, gentlemen to observe that Judge Story in
the paragraph quoted the word occur precisely
equivalent to the word Happen" And now, since you
have brought the whole stress Of this controversy to
upon the constitutional meaning of this word
"happn," feel almost authorized to call upon you at
once to publish formal revocation Of the views hereto
fore annunciated This, though, would hardly be kind
therefore close by declaring myself to be your friend
and fellow-citizen. II. s. FOoTE