Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-03-25
Election of Mr.. Fish to the Senate.

luasmuch as the Legality OF the recent election
of the Hon. HAMILTON Fish to the Senate of the
United States has been gravely disputed, it may
be interesting to state the law and facts involved
in the case.
The Constitution of the State of New York
contains the following provision:
mo bill shall be passed except by the assent oil
majority of all the members ELECTED TO each branch
Of the Legislature"
The Constitution he United States provides
that ''the times, places and manner of holding
elections for Senators and Representatives shall
be prescribed in each State by the Legislature
thereof" The Legislature of New York, accor-
dinghy, enacted a general law containing these
among other provisions:
$50. On the first Tuesday of February merit before
the expiration OF the time for which any Senator
elected represent this State in Congress il the Legls
ature shall then be in session, and not, then within
DAYS alter quorum shall be assembled at H,e then
next meeting OF the Legislature, an election Fhall be
held tor Senator in Congress, at the place where the
Legislature shall be then sitting, in the ot such
Senator going out OF oflce
"32 Such election shall he made by the Legislature
in the following manner The Senate and Assembly
shall each openly nominate one person tor the office OF
Senator in Congress; after which they shall immediate
" ell and they shall agree in their nominations, the
persons so nominated shall be appointed; if they shall
the election shall be made ballot
OF the Senators and Members OF Assembly"
The New York Senate consists Of 80 men,
bers. AID, under the constitutional requirement,
every bill must therefore receive II votes in the
Senate before it can become law.
Thus much for the law of the case. The facts
are the following:
On the first Tuesday in February last, an at
tempt was made by the two Houses to elect
Senator in place of Mr.. Dickinson, whose term
was to expire on the third of March. The cleo
ton failed because Mr.. Fish received only 16
votes, which was not majority, and the Senate,
therefore failed to .'nominate' him. This result
was produced by the refusal of Mr. Beckman,
Wing Senator, to vote for Mr.. Fish. Another e.
fort was then made to procure an election by
proposition to have joint ballot ofthe two Houses.
But Mr. Beekman defeated this measure, by voting
with the Democratic minority in the Senate against
t. 1t was then supposed that the election of Mr..
Fish was impossible so long Mr.. Beekman
should remain impracticabe. But, ON Tuesday
the 18th inst, the friends of Mr.. Fish, taking ad-
vantage, it seems, of the absence of two Demo-
cratic Senators from Albany, repealed rule re-
curing joint resolutions to lie over one day, and
then by vote of Is in the Senate, passed Joint
resolution to go into the election of Senator at
P. NJ, the same day. At that hour, accordingly,
the vote was taken. Mr.. Fish received l6 votes
in the Senate, and a considerable majority in the
Assembly, and was declared in each House to be
duly elected.
tits contended, by those who consider the cleo
ton illegal, that the Legislature had no right to
pass the Joint resolution by less than majority of
all the members of each House; for the resolu-
ton amounted to a repeal of the law which fixed
the first Tuesday in March as the day of election,
and under the constitution, such repeal could
only be accomplished by the constitutional majo.
rty in the two Houses, and the subsequent sane
ton of the Executive, This view appears to us
10 be sound; and iii much strengthened by the
statement of the n. Y. Express ''tha after the
future to elect on the first Tuesday in February,
Wings and Democrats Cat Albany concurred in
the general opinion, that new time must be
fixed by law, which time the Wings attempted to
fix, but they had not the power, Mr.. Beekman
non-concnrrlng.'
The opposite construction of the law is thus
stated by the N. Y. Tribune
obviously, the law in question either still vital
and mDeratve-in which case 1t commanded an cleo
lion and needed no iorma tiles the part OF the two
Houses except agreement as to the time when they
should proceed the iument OF its requiremen.s-or
Its vitality was exhausted as 10 tins election by the a-
chose the specified day; in which the Con
sttntional mandate imposed on the Two Houses the duty
oil passing new law, but OF concurently procee
ding a election, at such time and in such
manner as them should good. The law can
not have been both dead and alive operative and in
operative to meet the necessities 1.-THE afflicted Silver
Grays."
If there be any force in this statement of the
case, it rests upon conflict between the clauses
of the State and Federal constitutions cited above.
But there seems to us TO be no such conflict. The
Federal constitution authorizes the State Legis-
lature to fix The time of holding Senatorial cleo
tons. The State constitution in effect requires
that full majority Of each House shall concur in
fixing such time. Have not the people ola State
an pVdoubted right to declare what shall be re-
garded as the legal action Of their Legislature?
In regard 10 the personal merit of Fish, we
hardly know what to think. He is represented by
The most reliable Wing papers to be unobjection-
able on the score Of his opinions upon sectional
issues. Yet it is certainly true that he has been
most warmly advocated by the followers of Sew
ard We suppose he is, like Mr.. WASH ng ton
Hunt, Conservative Wing, willing TO secure
promotion by eonciliating The Free Soil portion Of
the Wing party, and if that be his character, we
expect nothin. good from lin.
fl is amusing TO observe the yrtuous ndigna-
ton, with which the Richmond Enquiter and
other Democratic organs, look upon this election.
I'VE cannot doubt says the Enquirer Of Yesterday
thai the & : Senate will set aside the election, and
that. should the Democrats OF New York carry the
next Legislature, they vii disregard Inc present tur-
lesqae ana appoiuts good and true Senator"
The best commentary npop this expectation oil
SO good and true" Senator to be elected next winter
By the Democrats, is the simple statement OF the