Flag of the Union. [volume] (Jackson, Miss.) 1850-18??, 1853-02-11
The Vacancy In Senatorial seat from
Nfississfppi.

4 sippi, o. giving due space 70 the letter, and tn
Iara accompanying IL. which will be foun,
IN another page of this paper, setting forth hi
views regarding the Executive Apr oiniment o
Senator al the commencement Of 4 rerula
Term Of ak years 10 serve portion Tof sucl
term.
The Communication Of the Governor having
what we understood to.he the settled Law unor
the subject, there is an obvious proprieiy in ou
stating, Somewhat more exactly than we have
yet done-lse grounds OF The opinion upoa which
the iievefhor has made an issne !: in doino
| which, not being bound 10 maintain any ,,artic.
'aIaS oplhon, OF TO express any Judgment upon
shis subject other than such shall be perfectly
impartial, we are actuaied by ne other motive
man ina, OF bearing true testimony 10 the letter
tory, and Senatorial Judgment and nreeeaen,
upon this subject.
II Is due 10 the earnestness and aIttentinn
which Governor FooTg has besioM ed upnn the
matter, IN the article above referred 10. that we
should endeaEor frankly, bat respectfuIly. to
point out certain inadveriencies and miseancen
lions into which we believe, with great defer
anee. he has fallen.
- The Governor has quoted that part Of the
constitution relating TO the choice of Seniors !.
eai, unfortunately for his position on this cues
ioh, heshas taken stand upon one visw only
OF the subject, and that one HE asi and aciden
TAI, instead ofsthe main and srinciparsi61
hs censtiiuiion does ex psessly ssaslde that
.'the Senate of che Uniied States shslfsbe con-
''Posed Of two Senators from each State. chos.
ZEN by the Legislature thereof for six years ;,
1his is the provision for constituting the Senate
OF The Uni.ed States. by supplying two Senators
Tor each State, to serve for sig wears Spch
choice, by the State Legislatures, was necessary
Tor me formation of the Senate in the first in.
stance, when, in accordance with The Constitn.
ton, the Senators were divided into three elias. |
SEES such choice Is necessary when new States
are hrst represented in the Senate; and such |
CHOICE mas Ever been considered necessary TO |
rene" 'he SIX years term. before the expiration
oil such term, either from its first creation ar from
any subsequent renewal. Should The Lerisla.
lure, which IS one branch of the State authority.
iall to perform its duty to IT'S own State. as we'll
as 10 ths United States, by declining, emitting,
or neglecting TO choose a Senator AT a nrener
lime' so as TO leave an interval or interregnum
IN The representation OF any State in The Senate.
1t would thereby undertake, facility at least. by
such dereliction of duty. to deprive the State
OF It's equal suffrage In the Senate, in palpabIe
OF the Constitution, which declares.
IN the last clause Of the fifth article, .sthat no
State without its consent, shall be deprived ~
|
The only m ode and ma inner Of avoiding s,ch
violation of the Constitution, aud injury 10 The
,'afe' is oy previously choosing Senator by
he Legislature. Without such previous cleo
ION by the Legislatures the Senate would moi
ave been IN existence on the 4th of March.
Io9, to begin the Governments under the Con.
'illuuon; by such previous election new States
ire provided with representatives in the Senate
IS soon as admitted into the Union; and by
"cp previous election the continued organiza-
ION ana integrity OF The Senate has Leen pre-
efFeu rom Inc beginning OF the Government
nd, we sincerely trust, will continue 10 be un- |
il the end of time
by addueing few isolated cases, and those |
elng not only exceptions 10, bat violations of The
uie, the Governor has brought forward strong
estimony to prove and confirm the rule, and !
ne regularly established practice OF the Gov a
Tnment under The Constitution. For, while all a
ne hundreds OF other cases of previous appoint {
lenis by the Legislatures, and of declining or t
milllng to appoint Ia such cases by the State G
Executives, are Numerically opposed to the q
dduce but i've cases in their favor, and in only i
ne OF these was there any question or point il
lade IN the Senate; and that was in the case il
uriah Tracy, OF Connecticut, in 1901, in a
hlch Gov. FooTE's present views were sun e
DRIED alone by Members of the Old Federal n
airy, having then majority of three in the a
ena,e over the Jeffersonian Republicans the
Tier OF whom denied, by their vote, that the a
overnor had any right or power TO make an "
'Pointment OF Senoior for any portion of q d
nm 10 supply the omission of the Legislature n
chose IN proper time Senator for term Of g
< years. n
The Governor, and those who side with him S;
wv on this question, will fnd that in the cases
nee occurring in the Senate, of which only 81
10 are noticed, his views were conclusiyeIy p
versed by The reports of the committees 10 ia
HON they were referred and by the votes of ia
e Senate. In the first of these, that of James oil
AMMAN, Of Connecticut, they will ind them. 70
Ives opposed BY the following distinguished oC
itesmen, many of whom have since passed &c
I'm the stage OF life, VIZ {: Messrs. Barton.
'nton, Berflen, Branch, Chandler, Dickerson, /
ton, Findlay, Gaillard, Hayne, Holmes Of ca
iine, Holmes of Mississippi, jackson. Kinp oc
Alabama, Lioydo Maryland, Macon, Marks, SO
cycles, Smith, farewell. Van buren,, Van ar
Ike aud Williams. Sc
II will be perceived that both the Senators
m the State of Mississippi then in the Sem wi
went, with the other distinguished statesmen ria
've named, directly against the views of The SO
sent Governor Of that State on this subject. tul
In the second Of the solitary cases that have fee
'pTTed SINCE the period above referred to. a lei
or was Hidae Dy Inc distinguished iurlSt, III
Iix Grundy, Of Tennessee, in which he REF
ties, IN speaking Of The decision made in The fro
g OF James Lanman, as follows no
This decision seems 10 have been generally tel
oiesced in since ihat time norisit Intended eli
the COMMITTEES 10 call lis correctness in aues- de-
!. The principal asserted in that case is. at
I the Legislature Of State, BY making cleo ito
Is themselves, shall provide for all vacancies
ich must occur az sldted and knoipn periods sia
that the expiration of regular Term of ser. mt
. is not such contingency is Ii embraced of
he third section Of the first article of the thi
for
The principle here declared is plain, simple, the
easily understood, viz that tie fine Of the
iration Of regular Senatorial tern. is ai.rays en
ing certain and tn view and the duty of the
yisiature, and of that authority alone, under bee
Constitution, to provide by choosing Sen.
for the ensuing successive term of six years,
not be evaded without a violation Of the Tn
lstituiion and Of the rights Of the Stats con- Or,
red. - ssas gssNi yea
here is in this principle no room for chance ing
be happening of vacancy, as contemplated VIC
The second clause of the third section uf ar-I En-
one of the Eonstif which, 1oclarao inc