The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-14


1t will be seen, by the reports of the proceedings in
the United States Senate, that the Hon. Mr.. Yulee
has addressed letter TO the Senate, claiming to be
the Senator elect from the State of Florida, for
four years from the fourth of March, 1851. The
circumstances of the case are, we learn, that the
constitution OF the State of Florida requires that
the votes Of the members of the Legislature shall
be vtra poce. On the election of offlccrs by the
Legislature no ballots are allowed under the con-
stitution OF the State.
AT the recent election of Senator for Florida,
majority OF the Legislature, and hkew Sc MAORI
ty OF those present at the joint meeting, were OPP
posed to the reelection OF Mr. Yulee. On several
Of the first ballots majority voted, on their names
being called, for "blank." Consequently, Mr.. Yu-
lee received all the votes given in the joint meeting
for any named person On no occasion, however,
did he receive majority of the votes of the MEM
beers present, composing the joint meeting. His
highest vote was one less than such majority,
which, it was decided, was necessary TO elect. He
contends that the votes given for blank" were
not to be counted, and that he duly elected,
having received the votes Of majority
of the members voting, and that others
are TO be considered as present. After the
votes stated several ballots were had, an
Mr. Mallory received me jority OF all the members
elected 10 the Legislature Mr. Yulses friends,
with one or TWO exceptions, still adhering to him
and voting for him. Mr.. Yulee claims that when
the vote, by which he had the majority, excluding
the blanks, was taken, the power OF election had
been executed; that il was,a delegated power, and
once executed could not again be exercised or
consid.red-in fine, that the Legislature possess as
much power to revoke Senator's commission as
TO reconsider and revoke his election.
We are informed that some years since, in New
Jersey, a very similar case occurred, which
ceivsd judicial decision by the Supreme Court of
that State. Mr.. M. received two or three success
sive votes by joint meeting, which entitled him to
a lucrative office. But the joint meeting, by the
votes Of several who had supported him, forth
with decided that he must receive a majority
of the votes OF all the members of the Legisla-
ture, instead of the votes of a majority of
those present, which he did get. This de-
csion was, under the laws Of New Jersey, clear
ly erroneous; but the joint meeting decided
TO vote again, and, after two three ballots, Mr..
+. received the votes of majority OF all the
members elected. Mr.. M. brought quo ,caranto
and the Supreme Court decided, that, though the
decision of the joint meeting may have been err
roneous, yet that very deliberative body, at the
same session that it did any act, or gave any
vote, or made any decision of election, or legs-
latiye character, had right to re consder, undo,
or modify such act, vote, or decision, and that
consequently Mr. f. was entitled to the office. The
case is reported in Halstead's reports. II would
seem, therefore, that in this of Mr. Yuee, the
question arises, whether the Senate of the United
States can revise the act Of the Joint meeting of the
Legislature Of Florida. the decision Of that BODY
that il would not gard the votes given for "bank"
as void.
This question arises liBiisi, and il must be de-
cded that the Senate OF the Uaited States has such
power, TO enable Mr.. ulee TO present the other
points raised. How far il is competent for legis-
latiye body 10 which is delegated the power OF
election 10 office, either in joint meeting or by
separate votes of the two houses, 10 adopt rules as
10 the sideraton OF their votes acts, or
10 the effect 70 be given 10 the blank votes is the
second point OF the case.
That legislative bodies do make such rules as
the reconsideration OF measures, and those not
merely inchoste, but perfected so far as re-
spects the legislature, is certain; and we are in
eli ned 10 the opinion, tina, the joint meeting at the
same session when any vote is given, and before
the election OF an officer by them is declared and
ctraied TO the Executive Of the State, has full
right TO reconsider the vote, aid choose different
person. We have heard it con,ended the vote
could be rsconsidered a, any time before the Sena.
tor was commissioned but we do no, agree to this,
if any adjournment OF the join, meeting had taken
place IN the interim. In Mr. Yulee's case, we
learn, no adjournment Of the join, meeting was
had, but the votes were continued without inter-
ruPiion TIL Mr.. Mallory was declared elected.
No ola cg IT, Aala k.so nIa
made by his friel d., while the JOINT meeting
Yves in session. The third point in the case is the
Iropreiy Of reckoning the votes given for "blank"
in estimating the majority necessary to elect But,
as We have observed, in our judgment il was en-
tirey competent for the majority Of the members
Of the Legislature, or of the me Lbeis present at
the joint meeting during the same session, and be-
fore Mr. Yulee was declared and certified to the
Governor 10 be the Senator elect, TO reconsider
end undo whs, had been done, and elect another
person Until he vas declared 10 he elected Sena-
tor by majority Of the joint meeting in due form
the matter was inchoate, and open TO reconsider
ton; end further inclined to believe that the
feel acilon Of the JOINT meeting is conclusive; end
thar the Senate Of the United States cannot right
fally revise lie rules, or iis actions under those
rulcs. The Senate can only look e, the ultimate
rssul;, as declared according TO those rules.
one feature Of the case Is extremely unfortunate
for Mr.. Yuce. He is claiming the seat against
the decided snd expressed opposition Of an une-
quvocal majority Of the Legislature Of Florida.
This should nat be. The elevated and proud posl-
ton Of Senator Tor The LATED States should never
b sought under such circumstances There have
been instances, and they deserve commentator,
Of Senator'S resigning when j, was ascertaned
ms jorty Of the Legislature Of their State was OF.
posed to them or not satisfied to Il cir course r
the Senate. Senator in the Congress Of the
United States is the ambassador Of his State the
Council Of the Confedericy, and should represent
her Interests, wishes and feelings; and a high
toned decacy should prompt him at euee to re-
lnquish his important trust whenever the Leg sla.
ture OF bis State exhibits evidence Of disrs~i in
him. or Of lrsference for anoihsr Citizen T.lis