Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-02-12
THE LOUISIANA SENATOR.


THE LOUISIANA SENATOR.
That keen instinct of party which quickly sees
and is ever ready to draw into its miry arena what
ever promises party advantage discovered lately the
possibility of vacatng the seat Of the newly elected
4 Wing Senator from Louisiana, Mr.. BENJAMIN
The ground assumed for disputing his seat is the
occurrence of a new session Of the Legislature Of
the State since his election, and the constitutional
right and obligation of the said session now to
make the election. The chance Of setting aside
Mr. BENJAaiIN's rightly was at once seized on by the
party press, and the question has been moved in
the Louisiana Legislature, but thus far without
success. No disputes, we believe, that the
election was legal when it was made; and how it
can be now made illegal is question which COM
mon sense at once suggests. but which party nge-
nuity will, we imagine find it difficult to answer.
That is question, however, which the Senate Of
the United States and not the Legislature of
Louisiana would have finally to decide But
our object in referring to the subject is not to-
argue it ourselves, but simply to Introduce to our
readers a statement of the case, one of import
ance and novelty, which an eminent lawyer of
Louisiana, private gentleman, unconnected with
politics. has taken the trouble to prepare for our
journal. 1t is as follows
THE CASE STATED.
When sessions Of the Legislature in Louisiana were
the required the election of Senators be
made in the session commencing in the year in which the
term expired.
By the Constitution of 1s45 the regular sessions Of the
Legislature made Biennial This required change
of the law provide for the when the expired
IN IN VIII; IN ha NJ
the Legislature and accordingly in the very first passed
by the Legislature of 1885, 10y Democratic Legisla-
ture and approved February 3D. 1885, by Democratic
Governor, it enacted
That the first Monday following the meeting Of
the Legislature, in the session thereof commencing in
the year in which the term Of Office of any Senator
Senators chosen this State in the Congress
of the United States shall expire, there
sion Of the Legislature such year. then The year neat
ceng such year. the two Houses shall meet in the hall Of
the House of Representatives and proceed choice
Senator Senator's TO represent this State in the Con-
gress Of the United States Of America in place Of the
Senator Senators going out of office, and the person
persons having the greatest number Of shall be
declared duly elected Senator Senator's provided such
number be majority Of all the members present"
At that time it win be observed that there was to be
a vacancy the 4th of March,, 1847 and no vacancy
to in the year 1896
Mr.. Downs was elected to fill that vacancy and the
second Of the Legislature 1916 was the passing Of
resolution approved March 1885, that the Governor
"be requested to deliver the Hon. s. W. Downs his
Credentials Senator elect from the State Louisiana
"to the Congress of the United States"
And this is not ALL for 1t happened that there was
second session Of the first Legislature that held and
begun The LID January, 1si7 the year which term
expired and yet Mr. Downs took his in 1s47 under
election in 1885, aud thought of disputing his
right to it.
Now, under the Constitution and the Inv,
when Mr.. DowSs's term to expire in 1853, and by
the Constitution there Of the Legs-
ature in that year. the Legislature following the Demo-
cratic precedent in Mr. Dowss's case had cleo
ton in 1852, and elected Mr. BESJAxN fill the
cy occurring by the expiration Of the Of Mr. Downs
on the 4th OF March, 1853.
A similar case occurred in 1913 The Legislature
elected p souLE fill vacancy that was by
the expiration Of regular term the 4th March, 1849
The resolution approved March g. 164S by Democratic
Governor in these words: That the Governor be
requested deliver to the Hon. PIERRE SorLx his
dentals Senator from the State Louisiana
" the Congress Of the United States"
Under this election in lS4s, there be
gular session Of the Legislature in 1sl9 Mr. soULE sp
peared and took his in 1s49 And there was also
extra session Of that Legislature held in Deem
Der, 1913.
From all which il appears that under the Constitution
and statute they stood In 1862, and expounded by
the Democratic Legislature that made the statute II be-
the duty Of the Legislature provide for the
cy by the expiration Of the term Of Mr. Downs
on the 4th March, 1858 They performed that duty and
the valid and Of could not be dcfcatedb by
any subsequent change Of the law.
After Mr. BESJ,uS duly elected and had received
his credentials under the broad seal Of the State Con-
vention was held and new Constitution formed, and
submitted to the people and approved BY the Gath
tice Of that Constitution 1t is provided as follows
In the year in which regular election for senator
Of the United States take place. the members Of the
General Assembly shall in the hall the House Of
Representatives Monday following the meeting of the
Legislature, and proceed to the said election"
This Constitution provides session Of the Legisla
4 ture in January, 1853. Ak
believe this presents clearly the question that is
sgating the Legislature the Senatorial election
II has been stated in the public papers that obeo-
ton viii be made also that Mr. BENJAMIN Is not natu-
rallied ctren He viii he prepared by record evidence
I to show that he Is citizen Of the United States He
to the United States when about FIVE years old His
father presented his petition setting forth the and
ages Of HE children, and duly naturslized, which
made his minor children citizens. That is the record
1 evidence he has. M
Late from Fayal that two shocks OF an
earthquake experienced there the night OF the
18th January One Of them quite heavy, and caused
considerable excitement among the inhabitants