Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1853-01-22

they shall be assembled in conseuuence.of the first
election, they shall be divided as equally as may
be into three classes The seats of the Senators
OF the first class shall be vacated at the expiration
of the second; of the second class at the exbfrs-
ton 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-vacan9
ces happen, by resignation, or otherwise, during
the recess of the Legislature of any State -th,:
Executive thereof may make temporary appoint
ments until the next meeting of the Legislature
which shall then fill vacancies. - 9as A5so
SO far as the Consultation is concerned, apart
from all authority, the question in dispute would
seem to be not at all difficult of solution Palmer
language could scarcely be imagined than the fol2
lowing "lf vacancies happen by resignation or
otherwise, during the recess ofthe Legislature of
any State, the Executive thereof may make tenn
porary appointments until next injecting Of
Legislature, which shall then FIJI such vGcanciesas
An appointment of Senator made on the next
fourth OF March, 1t is obvious will be maaesdu1
ring the recess of the Legislature of this State;
it is equally plain, that such appointment will have
to be made after the vacancy shall have arisen,
which is expected to occur by the expiration of
Senator Brooke's term of Office. Such Executive
appointment also will be in its nature necessarily
temporary. Indeed it may be verJ forcibly ar
gued, that unless the vacancy which viii happen
on the fourth of March next, be capable of
being supplied by Executive appointment even
the next Legislature will not be authorized to elect
Senator; the words, ''such vacancies" in the
latter part of the clause of the Constitution cited
having manifest reference to vacancies which may
occur 'by resignation or otherwise, during the
recess of the legislature If no such vacancy
as will Justify the exercise of the Executive app
pointing power will indeed arise on the fourth day
of March next, then is it 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 recognize even the
possibility that any intermediate exigency will
arise the effect of which is to be the creation of a
vacancy upon some particular day between the said
fourth day of March and the ensuing January so
as thus to open a field for Legislative interpo
sition. So much for the Constitution.
| 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 will L assert that those who SO
positively deny the existence of the power of APP
pontment which | claim, may not be able to cite
cases which | have not been so fortunate as to
find; but do most solemnly aver that have
looked carefully through the whole history of the
Senate as a Legislative body, from the foundation
of the government up to the present moment,
/
dent which, properly construed, is not of nature
to justify the exercise of the appointing power in
the mode suggested. | have several times seen it
confidently declared that such presidents to be
found; and doubtless those who thus assert, be-
heve the statement to be true; but beg leave re-
specially to intimate, that mere asSeveration in
regard to so grave a matter however Dramatically
put forth, is not exactly equivalent TO solid proof
nor conjecture, however plausibly presented, to
substantial verify; and the good people of Aissis-
sppi will, if | know anything at all of their at
tributes, demand something far stronger than mere
fiippant affirmation to satisfy them that they are,
IN their sovereign capacity only entitled to single
Senatorial representation in Congress from the
fourth Of March next, up to the beginning of an
other year and even for several weeks thereafter.
The fact Is, that the notion now prevalent on this
subject could never have obtained the least cur
rency, had it not been so uniformly the practice oil
late years, of all our State Legislatures, to an
ticpate the arising of such vacancies that which
will occur next March, by the election Of 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 before hand by Legislative cleo
ton, that our citizens almost to have forgot
ten that this duty may by possibility, sometimes
be neglected
: l take the ground, finally that SO far as Sena
torial precedents are concerned, they viii be found
to be in the highest degree favorable to the exer
J else of the power of appointment insisted L
would be quite easy to cite numerous cases strict
e y analogous to that with which the Executive o
e this State will have to deal on the fourth day o
March next and to show that in each one of then
the deliberate action of the Senate has been sucl
to affirm the right of appointment l shall con
n tent myself on this occasion, though, with bring
d ing forward few of these cases only, and shall
n respectfully ask for them an unprecedented consde
S ration. In the year 1884, work was pubishe
o under the sanction of the National Legislature
If entitled CEASES OF CONTESTED ELECTIONS IN Cox
d GREss, FROM THE YEAR 1889 TO 1884, INCLUSIVE.
h | quote the precise words of the volume referee
d to, as follows
n 1. civilian Cooke, of Tennessee, produced hi
d credentials of appointment by the Governor, and
al on the fifteenth of May, 1897, took his seat
Of 2. "On the fourth of March, 1901, Uriah Ira
e cy, of Connecticut, having presented, under a
he appointment by the Governor and Council of th
so said State, exception taken to the credentials
Is and debate ensued thereon; but, en- motion tn;
IS he be permitted to take the oath required by th
lie Constitution. ~
Or 1t passed in the affirmative Yeas ID, Naysa1l
OF And the oath was accordingly administered
Sc Mr. Tracy by tie Vice President" a2a
re 3. ''Wiam Hndman, of Maryland appointe
ID by the Governor, appeared on the 9th of Marcl
y 1901, and took his seat
p 4. ''Joseph Anderson, of Tennessee, his ter
es having expired, was re-appointed by the Cove
h. nor and took his seat on the fourth of Mare
1909" 8 Toa z7sqr
be 5. samuel Smith, Of Maryland, appointed
D. the same manner. took his seat on the same day
avt uilInat further mnIt;nlv "a sas pifIsr INV