Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-01-29

be chosen second years and cddheies happen
by resigadtioa Oere during the recess 81 the Legislature
cany State, the EreeHtire thereof may make temporary ooia
Until thc meeting Of The Legsotare chick shaa then
I'LL such vaeaneie&"
So far as the constitution concerned apart all
authority, the question in dispute would TO me to
be not all difficult of solution Palmer language could
scarcely be imagined than the following:
If vacancies happen, by resignation otherwise during
the Of the Legislature of State the Executive there
Of may make temporary appointments until the next meeting
of the Legislature, which shall then NIL such vacancies
An appointment of Senator made the next fourth
of March, il is obvious win be made during ne Of
The Legislature Of this State it is equally plain that such
appointment will be made after the vacancy shall haze
arisen which is expected to by the expiration Of
Senator Brookes term of Office Such Executive appoint
ment ALSO viii be in its nature necessarily temporary
Indeed it may be very forcby argued that unless the
vacancy which viii happen the fourth of March next
BE- one capable of being supplied by Executive appoint
men the next Legislature viii not be authorized to
elect Senator; the words such pacances in the latter
part Of the clause of the constitution cited having mani
fest reference to vacancies which may happen by resgna
ton otherwise during the OF the Legislature
II such vacancy viii justify the exercise OF the Exc
cutye appointing power viii arise on the fourth day OF
March next, then is il clear TINT such vacancy
will be found existing the first day of the next meet
ing of the Legislature; since the constitution evidently
does recognise the possibility that any inferno
date exgency will arise the effect OF which is to be the
creation of vacancy upon particular day between
the said fourth day of March and the ensuing January
thus open field for legislative nterposition
/ So much for The constitution.
/ next assume the position that no decision OIL inns
question adverse to the view stated has been
rendered by the United States Senate. do not pretend
to be thoroughly yersed in the learning Senatorial
pecedeHts than others will assert that those VINO
positively deny the existence of the power of appoint
ment which claim may not be able to cite cases which
have not been fortunate as to find; but do most
soemnly that have looked carefully through the
whole history of tho Senate Legislative body from
the Government up to the present date,
without being able with single precedent which,
properly construed is not of nature justify the
else of the appointing power in the mode suggested
have several times it confidently declared that such
precedens to be found and doubtless those who thus
believe the statement to be true but beg leave
respectfully to intimate that asseyeration in regard
to grave matter however dsgmatcally put FORTH is
not exactly equivalent to solid Proonor conjecture how
ever pausiby presented to substantial Oerty and the
good people of Mississippi WILL if know any thing at all
of their attributes demand something far stronger than
hppant affirmation to satisfy them that they are, in
their sovereign capacity, only entitled to single Senate
rial representative in Congress from the fourth of March
up to the beginning of another year. and for
several wesks thereafter The fact that the notion
prevalent this subject could have obtained the
least currency had not been uniformly the practice
of late years Of all State Legislatures to anticipate
the arising of such vacancies that which will occur
next March, by the election Of Senator IN ddcance
of the prospective vacancy So seldom do vacancies
happen by the expiration Of Senatorial term,
without having been provided for beforehand by Legsa
tive election, that citizens almost to have for
gotten that his duty may by possibility, be sometimes
neglected.
take the ground finally that far Senatorial prcce
dents concerned they all of character favorable
the exercise of the power Of appointment insisted 1t
would be quite easy to cite strictly anao
gor that with which the Executive Of this State will have
to deal the fourth day of March next and 10 show that
in each of them the action Of the Senate has been
such as to affirm the right Of appointment shall con-
tent myself this occasion with bringing forward few
of these only and shall respectfully ask for them
a unprejudiced consideration.
In the year 1884 work published, under the
ton of the National legislature entitled Ceases of Con-
tested Elections in Congress from the year 1889 1884
inclusive quote the precise words of the volume
| ferred to, follows:
William Cooke Of Tennessee produced his credentials
appointment by the Governor and the 18th Of May, 1897
| took his seat.
D. On the 4h Of March, 1901 Uriah Tracy of Connecticut
having presented under appointment by the Governor and
Council Of the sa State exception taken to the creden
as and debate enued thereon but motion that he be
permitted take the oath required by the constitution, it
passed in the affirmative Yeas 49, nays TO-
Andthe oath was accordingly administered to DR. Tracy by
tie Vice President.
8. William Hndman Of Maryland, appointed by the
eno appeared the 5h Of March, sCl and took his seat
Joseph Anderson ofTennessee his term having expired
was eapponted by the Governor and took his seat the h
Of March, 1909.
5. Samuel Smith, Of Maryland, appointed in the
ner, took bis o. the day.
viii not further multiply cases. either hereaf
ter it would be easy to do unless adverse iec
sion be produced which hold to be next to imposs
bic. The only decision which be tortured by in
genuity into opposing authority is that which was
rendered in the Of Mr. Lanman, Of Connecticut in
the year 1926 but this one when properly consider
ed will be found not at all TO conflict with the antecedent
The report Of the Senatorial committee in the
i of Mr.. Lanman reces:
"That Mr. anmans Of service in the Senate expired
the third Of March the fourth he presented the Sen
certificate, regularly and properly authenticated from
Oliver Woleo Governor Of the State of Connecticut setting
forth that the President Of the United States had desired the
Senate the 18th day Of March, and had caused
official notice Of that fact be communicated to him.
The certificate Of appointment is dated the Sh OF Febua-
y 1922 subsequent the time Of notification to him by the
President The certificate further reces that at the time Of
Its execution the Legislature the Safe session.
and w0u 1unft he until N - MAJ
The debate in Mr. Lanmnns case shows that the ques-
ton to his right the Senatorial seat claimed by him
mainly turned upon the fact that his commission Sena
tor bore date IN the month II February and had thus
mated previously 10 The actual happening fe pdcdnc which
really occurred in the month Of March subsequent Upon
this ground alone IL decided that Mr. Lanman was not
entitled 70 the seat claimed by him. by vote Of "a to 49,
The caption Of Mr. Lanmans case reported in the
lume of " Contested Elections" is rs follows:
II is competent for the Executive State in the
cess Of Legislature, to appoint Senator ell a vacancy
which shall happen but ha happened. No1K-Such mp
the ground decision ease but neither the
report the action Of the Senate IT, discoses fully the
reasons Of the decision"
Such is the state Of the authorities upon the point u.
der examination from decent respect for which autho-
rites and proper regard for my official OATH have
deemed il my duty that appointment Of a new
Senator shall be made the 4th day Of March next to
unfortunately been provided for by the customary
gislatiye action.
Such the reasons which have influenced my conduct
in this delicate and important affair and cheerfuy sub
init them my receive either their
appreciation or their condemnation. II. 8. FOOTE.
Jackson, DECEMBER 90 1852.