Eastern times. [volume] (Bath, Me.) 1846-1857, 1854-02-02

1t is not made tho duty of the members of
the House, to meet the Senators who have been
elected to elect by joint ballot other Senators
before the Senate has determined who arc not
elected in all the districts. 1t is not however
considered that Senators could not be legally
elected by the agreement Of both branches, be-
| fore the.Senate had determined who were not
elected in all the districts while il is consider
ed that each house may rightfully refuse 70
proceed to an election by "a joint ballot until
| aftsra Determination has been made by the
Senate respecting the nun-election OF Senators
| in all the districts.
| 1t is such Senators and such only "as shall
have been elected. who are authorized to vote
in joint ballot with the members OF the House
to6elect other Senators. The words h"shall
fhaye been elected, '@have reference to such Sen
atorsFas shall have been elected by the qualified
voters. If it should be admitted that these
words may properly describe those Senators
who have IN any mode been elected before inc
elections by Joint ballots are made still the
constitution contemplating all such elections
should be made at one time, and on the DAY
appointed for the first meeting of the Legisla-
ture, it would not have been expected or inten-
ded that other electors should be entitled to
vote if circumstances should require an adjourn
ment to another day after a part Of the elections
had been made by joint ballot.
When a determination has been made who
are not elected Senators, and who are the con-
stitutional candidates, and other persons have
been duly elected Senators by joint ballot Of
the members of the two Houses, there can be
no revision of that determination without an
nulling the elections made in joint ballot, which
is entirely inadmissable. Such determination
is therefore necessarily a final and conclusive
one n wHt. WI -rH. l~
BY construction which will authorize
number less than quorum to determine who
are not elected Senators, and what vacancies
exist, and who are the constitutional candl-
dates, there may be compliance with every
requirement of the constitution, and consti-
tutiona government at all times secured; with
out such construction there can be no such
compliance, and no such security. And with
out such construction occasions may fire.
quently occur and circumstances Represented
which will prevent the organization Of "a con-
stitutional government without the exercise Of
power not conferred upon it by some branch Of
the government, or without resort to the or
ganization of government from necessity
There is little cause for alarm, that such pow
ers may by possibility be exercised by one Sen
ator. Such an occurrence can be expected but
rarely, if ever. Powers more extensive and
important may, under the constitution of the
United States, and under those of several of the
States be most important and delicate trusts
are as faithfully performed by one. and by a
few persons, as by large number of persons.
To the first question, the answer is That
section does require the Senate to determine
who are elected Senators in a district before
other persons can, by joint ballot, by elected
Senators for such district.
1t does contemplate that the Senate shall de.
termne who are elected Senators in all the dis
tricts, and that all existing vacancies should
be ascertained and declared before proceeding
to such election And each House may right
fully refuse to meet the other TO make such
elections by Joint ballot until all existing vacan-
cies have beer so ascertained and declared {;
while the mode of proceeding is not regarded
as so essential, thai Senators could not by the
agreement of both Houses be legally elected be-
fore all existing vacancies had been so ascertain
ed and declared.
To the second question the answer is: The
provisions of that section do not contemplate a
meeting of the members of the two Houses to
make such elections by joint ballot for the
purpose OF filling part only Of the vacancies
existingfin the Senate on tie first "Wednesday
of January. Those provisions are not regarded
as forbldding such n course, when adopted by
the agreement of both Houses a'H
To the third question the answer is A Sen
ator so elected is not entitled to vote in a NEE
ting or convention of the members of the two
Houses held for the purpose of filling vacan-
cies in the Senate existing on the first We'd
nesday of Jaeuary.' f.....
To the fourth question the answer is in the
affirmative TO the first interrogation put in that
question and to the second interrogation put
in that question, 1t is in the affirmative. To
the third interrogation it is All the powers
required by the constitution 70 be exercised by
the Senate TO procure an organization of that
house. To the fourth interrogation the answer
is in the affirmative, and to the fifth also. To
the sixth the answer is The Senate being au-
thorzed to decide upon the election of its own
members, must have the right to determine up
on what evidence it will do it.
To the fifth question the answer is in the
negative. ra -'af vs ... .It M
All of which is most respectfully submitted
to the House Of Representatives, By
ETHER SHEPLEY,
. JOHN S. TENNEY,
SAMUEL WELLS,
JOSEPH HOWARD.
J. w. HATHAWAY,
sH .a JOHN APPLETON,
My concurrence extends to the answers to
questions 1885 and 10 the first interrogatory
of question 4, and to such part of the opinion
as gives less than majority full power to do all
necessary acts to complete the Senatorial board,
but not to the full extent Of powers indicated
in the opinion. W JOHN APPLETON. 4
Not having been able to meet and confer
with my associates in the consideration and
adoption of the foregoing opinion, have ex-
amined the same, and concur in the answers to
the fourth and ffth questions but not in all the
reasons stated for coming TO such conclusions.
do not concur in the answer to the third ques-
ton, nor to so much Of the answer to the first
question as states that the members Of the
House may rightfully refuse to meet those
Senators who have been elected to elect others
by joint ballot. To the second question, l an
swer that the provisions Of the section referred
to, do authorize convention in the first in
stance for the purpose of filing part only Of
the vacancies existing in the Senate on the first
Wednesday in January.
RICHARD d. RICE.
iti3i -Fr -Ef -T rHI .-.sst ggt
On Saturday, in the Senate,a message was
received from The House, Z informing THE
SENATE that the House is organized by the
electionsof Noah Smith, as Speaker, and John
]. Perry as CLERK. Thus, after a waste of
three weeks time, the House sent the first re-
spec,ful message 10 the Senate WI usir9g.as
In the House, Mr. Morrell, Of Augusta, de-
livered an able and cutting speech upon the un
constitutional and inconsistent position, the
House has maintained, quoting rgely from
the remarks Of Mr.. Fessenden, wherein he de-
MED the existence of the Senate, and claimed
for the House the power Of filling the vacan-