New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-02-01
TUESDAY MORNING, FEBRUARY /. 1858.

TUESDAY MORNING, FEBRUARY /, 1858.
Homswhst pressed by Council matter crowd
ing our columns, We make place for the follow
ink IN lieu Of editorial:
The Senatorial Election.
me pabc mind to be somewhat dividedas to the
: legality Of the election P. Benjamin Senator, 10
succeed the Hon. s. W Downs whose term of office eS-
prss the 18th OF March 1858 confess that am very
DESTROYS the represented 10 the Senate by so
ahAs and distinguished member of the party to which
belong and every way well qualified TO MI with
dignity and usefulness high station as Nr Bena-
min Int trust that feel stl greater desire the
ou.ton and the laws the State maintained in their
integrity Ipropose therefore inquire calmly without
r,ference to party politics what the law s correct inter
prss,son which after ALL must determine this question
Ihe Constitution of 1912 established annual sessions OF
- Legislature to meet on the first Monday January
~ the act of the Legislature of the lt September 1872
section it provided that the second Monday i'll
January preceding the expiration Of the term for
which any Senators represent this State in
the Congress the United States Is shah be chosen If
the Legislature shall then be in session. and not within
eight days after quorum of both Houses shall be
blsd etc. they shall proceed TO the choice Of Senator
ETC.
As It was certain that there would be meeting of the
Legislature in the year in which any Senatorial
would expire and before tho expiration of such
other Legislature than that meeting the year in which
such term would expire had any authority to proceed to
the election.
The Constitution Of 1916 superseded that Of 1872 and
sstablishsd biennial sessions Of the Legislature 10 meet
On the third Monday in January Article 81 provided
that in any year in which regular election of sens
~ Of the United States s to take place, the members
the General Assembly shall in the hall OF the
q Representatives The Monday following the teug
Of the Legislature and proceed to the said election
This article did not determine in what year regular
election for Senators take place The 1872
still in force and imperativeIy required the elec
tion to be held in January next preceding the expiration
of the Senatorial term within eight days after quo
rum Of both Houses should be assembled. But as the
Legislature longer to meet every year Senate
rial term might happen expire in year which there
meeting Of the Legislature in which event the
constitutional provision requiring the meet
etc. in the year in which regular election to take
place. etc. not be carried into effect unless Indeed
extra session called for that purpose
To remedy this state Of things the first Of the Legs
lature which met In 1916 provide for the election
Of Senators. The first section of this repealed the
Ar section Of the act Of 1872 aud the second section h
= fellows:
That on the rst Monday following he meeting of the
Legiefsturs the session thereof commencing in tue
ysar In which the term Of office Of any Senator
tors chosen 70 mt this State in the
United States Of America shall expire in there
session Of the Legislature in such year then the
meet IN the hall Of the House Of Representatives
proceed choice of Senator to represent
this State in the Congress of the United States Amer
ics in place of the Senator Senators going Office
and the person persons having the greatest
Of shall be declared elected provided such number
be majority of all the members present.
1t not possible to doubt the object OF this act and
Its terms too explicit require interpretation II
fixed with certainty the year in which regular election
for Senator to take place and article
q the Constitution had already done it established the
manner in which that election should be held.
Nor 1t be seriously urged the law Of 1916 had
IN contemplation any other than the regular sessions
the Lsgislature 1t could be doubtful when the
term Of ofce Of any Senator would expire nor could
there - any did1cuy in determining whether or not
there would be regular meeting Of Legislature In the
year in which such term would expire but could never
be known in advance whether the Governor would
choose to the Legislature In extra session in
year in which Senatorial term would expire The ne.
ssssay meaning Of the that the cleo
ion Of Senator to take place in the year in which the
term expired if that should be year which it conem
pation of law regular session of the Legislature was TO
be held If there regularly established session
oftbe Legislature in that year then year next pre-
ceding Any other Interpretation would lead to the con
illusion that the evil manifety intended remedied
had in fact not been touched and still existed with all
its inconvenience The Legislature meeting in the wear
preceding the expiration of Senatorial term would
know that regular session to be held In the year
in which the term would expire but peradyenture IA.
Governor might the Legislature in that year II
the Legislature whose duty it to elect senator in
view of the vacancy the year after its meeting
should in discharge of that duty elect Senator the
Governor by calling extra session in the yeag
In which the vacancy would occur would have entirely
In his to annu that election II always pos
sibe for the Governor call an extra session aud
therefore always possible for session held in tho
year in whieh any Senatorial would expire The
provision then In there Is session the he
gsature in such year then Ia year next preceding
etc. would have been the sheerest nonsense entirely
ida and void Of meaning if the Legislature had intended
contemplated any ether those established
~ ~ Constitution and which required to meet
every two years.
When the Legislature met 10 1852 things were Ger
tain, and well known to each of the members First that
the term of Senator Downs would expire in March 1855
and second that under the Constitution then in force
there could be regular session of the Legislature IT,
1858
10 be there might be called session hut no one
could know in advance whether it or would not b.
the pleasure Of the Governor the Legislature
The state Of things contemplated by act of 1916 ex
tsd and the members Of the Legislature of 1852 woad
have been entity Of gross violation of their duty as well
- Of their official oath, if they had failed proceed to
tho choice Of Senator They discharged their duty IN
der the laws and Constitution and the result cleo
tion of Mr.. Bapjamn.
The Constitution Of 1852 superseded that Of 1916 and
established annual sessions of the Legislature Art 81
follows:
q In the year In which regular election for Senator
Of the United States to take place the
General Assembly shalt meet in the Hail Of the Hes oil
Representatives, on the Monday following the meeting OF
the Legislature and proceed to the said election"
How does this article affect elections which had utz4d
been hsd It does not by any purport to repeal
the act Of 1886 its provisions in any way ncon
sstent With those of that act So long that The
present Constitution remain in force certain thai
there will be meeting the Legislature in the year Ia
which the term Of office Of any shall expire snl
therefore the proviso in the Of s46 which was NOT
merely proper but absolutely necessary under the Co!
tuition Of 1s45, becomes longer operative heean b
state Of the for which it intended Eau pdt ST.
again.
1t cannot be denied that election valid and lss an
the time 1t takes place gives the officer elected vested
right to the enjoyment of the office emoumept
during the term for which be may have been elected
But here it may be asked il this be true how is it t
tbs Governor and many other State oeers went cut Of
olos before the expiration Of the for which hv
had been secsed Simply because citizens Of DE STATE
Of Louisiana, they had authorized the call u p ~
ton to frame Constitution and By yotngn
adoption Of that Constitution, which was lnccnpa
with the tenures by which they held which fact va
Al