The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-03-13
From the Albany Daily Adstriiser.
UNITED STATES SENATOR.

/ UNITED STATES SENATOR.
In AssenBLy, March 4. 1889.
Mr.. LAWRENCE, from the select committee u whom
was referred the concurrent resolution Of the Senate,
appointing Samuel Besrdsley u g. Senator in place Of
N. p. Tsllmsdge, made the following report
Your committee have delayed their report in the hope
that 1t would become unnecessary by the action OF the
honorable tho Senate on the bill which passed this House
on The Sh day Of February last providing for The
which has happened OF failure Of the two houses TO
together and compare their NOMINATIONS Of Sena.
| tor TO Congress.
The bill transmitted 10 and received BY the Sc.
nate, before the resolution referred your committee
came TO this House. That comfy which should always
prevail between the two houses, aud the presumption
which should always be INDUCED as long as il can be,
that each house will perform every duty assigned to It's
members by their constituents induced your committee
to postpone any report until abundant opportunity should
be gwen TO the Senate 10 act on the bill sent to them
by this House Your committee also INDUCED the hope
that time would soohe the feelings which had been ex-
cited on the occasion Of choosing Senator to Con-
gress, and that calm aud deliberate reflection would
bring all who are disposed TO perform an imperative
duty to hna arrangement in the mode Of dscharging
IT, Sufficient time having already elapsed and no action
having been had the said bill the committee deem il
due TO themselves to this House and their constituents
TO state Of the reasons why they cannot concur
with the Senate in their resolution.
The resolution referred your committee is in itself
strong evidence OF the benign influence of time and re-
nectloD on the cobnictng views ana opinions OF men,
For appears by the Journal Of the Senate, which your
committee have searched that the 9th February last
the day provided by law for the appointment Of Sena-
tor in Congress. the members of the Senate were so
unfortunately divided in their opinions respecting the
qualifications OF any person to represent the State in
that exalted station, that eighteen different gentlemen
were nominated that owing to this extraordinary
diversity OF opinion, no nomination was made by that
honorable body and for that II refused to meet
this House to proceed TO joint ballot. Only four days
afterwards il appears by the resolution referred to
your committee, these discrepancies OF opinion or OF
feeling had yielded the deep Of official duty, TO
the republican obligation OF obedience to the public
will the desire to have this State fully represented
in the National Councils, or to all these considerations
| combined, and the sane members whose differences
had been carried to such lamenabe extent united IN
their choice Of the gentleman named in the revolution,
the candidate the part Of the Senate Il is much
to be regretted thar the pure principles TO which we
have alluded as having produced this harmonious re.
suit had not produced their full influence aud induced
the honorable the Senate offer this House the
ddate whom that body put in nomination in the man
ner prescribed BY the law. which has been in force dur-
ing nearly SO years, which stands this moment unre
pealed on our statute boox. and which is obligatory
upon the members Of the Legislature as any other law
of the land
Instead Of nominating the gentleman named in ihcir
resolution, and thus giving this House an equal priv
lege OF nominating candidate its part, the Senate
had sent proposition absolutely and directly to appoint
him Senator in Congress. The effect Of this proceed
ing obviously is to degrade this House from the level
Of perfect equality with the Senate. in which it 10 placed
by the constitution. and TO give to the Senate the at
tude Of superior tribunal prescribing TO inferior the
individual, and the only individual, whom will consent
TO elect There is something offensive in this view
Of the subject aud repugnant to the great principles
Of repubcanism which all profess to maintain, that
your committee cannot believe that it deliberately
and matnrely considered BY that honorable body.
Those who laid the foundation Of glorious inst-
tuons, intended to substitute rule for determining
differences between those having equal rights, entirely
different from any that existed in the old world They
had M confidence in the efficacy Of the hereditary wis
dom Of PRINCE Of get Of mobiles to compose such
differences. and trusted still less to the power Of the
sword. They resolved that the majority should govern,
and they applied the principle to every that could
occur.
The same principle was at the very commencement
of our own State Government, applied to case where
the action Of legislative body consisting Of two houses
was necessary to a result.
BY the Both article OF the former Constitution adopt
ed in TIT, delegates were to be chosen follows:
The Senate and Assembly were each openly TO nomi-
nate the requisite number, after which they were to
meet together, and those persons named in both lists
were to be delegates. and out OF the persons whose
names not both lists oneha were TO be chosen
by the joint ballot of the Senators and members Of the
Assembly met together.
The patriotic trainers Of the Constitution conceived
it important TO ensure representation Of the
State in Congress, than to attempt to preserve check
the immediate representatives Of the People in the
House OF Assembly, by OF the Senate voting as
| q separate branch.
They applied the great democratic principle OF
jony for that purpose, doubtless the presumption
that there likely to be as much intelligence and
patriotism in body the other and they therefore
brought the Senators and members of Assembly togeth
individuals, and gave to the majority Of the meet
ing, thus constituted the power Of choosing delegates
Afier the adoption Of the Constitution Of the United
States providing for the election Of Senator to Con-
gress by the Legislature Of each State and giving the
| several Legislatures the power Of prescribing "the
times, place and manner" Of holding elections for Sc
nator and Representative, (Secton 4, art ID law
passed by the Legislature of this State the 18th
January, l793 directing that Senators to Congress
shall always be chosen in the same manner, the dele
gates to Congress directed TO be chosen by the
Constitution. The vital importance Of the legislative
duty to keep this State represented in the Senate is
here exhibited by the provision which referred it TO
majority of the members individually, to decide by their
| ballots when the two houses disagreed And here
agsn, is the majority principle applied, to secure eec
tually the performance Of this great duty. 1t is
maIkable when this act under consideration in the
Senate, Mr.. Schuyler made motion TO expunge the
words in the manner the delegates TO represent
this State in the Congress Of the United States d.
reced be appointed by the Constitution of this State"
and to substitute the following in their stead, "by con-
current resolution of the Senate and Assembly :" but
| this motion was negatved-See the Senate Journal,
December 7h, 1872.
The Senators Of that day deliberately and intention
ally surrendered the power which separate action by the
respective houses would give to the Senate, Of compe
ing the selection Of its candidates, suffering the State
to go unrepresonted and they surrendered, too, in
obedience to the fundamental principle Of lnstitu
tons, that the will Of the majority shall prevail,
| This bill after passing both houses submitted to
the Council Of Revision, I" for their revisa and consi-
deration," whose special dutyt to determine whe-
| Their it proper to become law
The history Of the past shows that the Council ex-
anmined all bills presented them with particular
ference their constituonality, and this bill
turned by them to the Senate, with message that
did not appear improper to them that it should be-