Eastern times. [volume] (Bath, Me.) 1846-1857, 1854-02-09

should then possess that power, to enable 1t to
effect this object. That power has been sup
posed to authorize a senate composed OF less
than quorum to compel the attendance OF
those whom it may determine to be elected,
whether they have been duly qualified to act
as members or not. This would seem TO ex-
tend that power beyond its legitimate limits.
The members" whose attendance may De
rightfully coerced, are those who have not only
been elected to be senators, but who have actu-
ally become such, by taking upon themselves
the prescribed oaihs Of office. by which they
are qualified to act as members of the senate.
Should it be said that if this power, TO its
fullest extent, be denied to minorties, factious
men may he enabledsto prevent the organiza-
ton of that branch of the legislature, and thus
all constitutional government be destroyed, the
answer is that the same result may be effected,
by resignation, revolution, or usurpation. But
the constitution, relying upon the intelligence
and patriotism of our people, contemplates no
such contingencies. When the time shall
arrive in which citizens cannot be found, who
are wiling 10 assume the official trusts required
by the constitution, and when they shall, with
one consent. abjure all official station, then may
we pronounce the experiment of maintaining a
free government to be failure Il is be-
iieved no such unfortunate contingency is now
apparent. f, W.
1t these positions are correct. then it follows
that those who appear TO be elected and who
are summoned by the governor, whether more
or less than majority, constitute the senate
within The. meaning Of the constitutions with
powers sufficient to perform all those acts
which are necessary to perfect the organization
of that body as a branch OF the legislature
These powers are derived freP distinct consti-
tutional provisions, they also would arise by
iD,plicnfinr from ha foot shof ~
senate is an independent, co ordinate branch OF
the government, if the constitution were silent
upon the subject. 49,
The fifth section provides that the senate
shall, on the said first Wednesday of January
annually, determine who are elected by a ma
jority of votes to be senators in each district,
and further provides the manner in which ex-
listing vacancies shall be supplied This pro-
vision undoubtedly contemplates that the de-
termination shall be made on the said first
Wednesday of January annually. But the
contingency is also contemplated by the con-
stitution, in which all the vacancies may not
be filed, on that day; as section four of article
nine provides, that in case the elections, re-
quired by this constitution on the first Wednes-
day of January annually, by the two houses OF
the legislature, shall not be completed, on tina,
day, the same may be adjourned from day to
day until completed ai
There is no provision in the constitution
wherein the order of time in which the senate
shall determine who are elected in each dist lei
is prescribed, nor is there any express provision
requiring the senate to determine who are cleo.
ted, in all the districts, before vacancies shall
be supplied, by election in any. If any such
necessity exists it must arise by implication
and not from any positive command in the
constitution. The language used is suggestive
of separate action. The Senate is to determine
who me elected in each district.
Practically, the construction that all must be
acted upon at the same time, might lead tc
very serious Inconvenience. Thirteen member:
only. If the present senate have been summoned
by the governor, leaving, apparently, eighteen
vacancies. Suppose Of these eighteen apparent
vacancies, seventeen are indisputably such
and one only is contested. This contested seat
may involve an inquiry into the legality of the
proceedings, and the qualification of voters, r
every town and plantation in the contested
district To determine the question of election
or non election in such case must. necessa
rily, consume much time. Now must the
seventeen undisputed cases be suspended. fol-
an indefinite period of time, and the state de-
prived of the services of ma ority of the mem.
bers of the senate, and that branch of the legis-
laturc paralyzed. because the right to one seat
10 COit6Slcu- lldl, lUO, WneH the IdCtS IN
volved in the contested case in no wise affec,
the Others This case is put alphabetically
for purposes of illustration. A construction
leading to such results should not be adopted
unless dictated by the plain requirements OF
the constitution, or from the most stringent
necessity. .-...a ....r
Z. But it has been suggested, that if such a
contingency should arise, the two branches
might. to obviate such results, proceed with
the election in the undisputed cases, by agree
ment To hold that the organization of one
branch of the legislature, in any case, depends
upon The voluntary agreement of the other
would be to destroy its independence, and
subordinate it to the will if not to the caprice
of the other. Such is not the intention of the
constitution. If the senate is imperatively re.
Quired by the constitution to determine who
are elected, or who are not elected, in all the
districts. before any vacancies can be supplied
it is not perceived on what principles parl
only of those vacancies can be filled by the two
houses without a violation Of that instrument
I know of no authority on the part of the two
houses 20 waive the positive requirements O
the constitution, by agreement, or otherwise
Any such agreement would be simply void
and no legal rights could be acquired under il
In 1851. fifteen senators were summoned BY
the governor. Those senators appeared, were
qualified, and took their seats, MAY IL, 1851
a committee was appointed, TO whom the re.
turns of votes for senators we're referred. Or
a subsequent day that committee reported thai
the fifteen members Chose summoned) wer,
elected, appears By The returns and further
reported sixteen existing vacancies. This re.
port was accepted by the senate, and the va.
cancies were filed by a convention of tn,
members Of the two houses. Honorable Jere
miah Fowler. Of the eighth senatorial district
was one of the fifteen declared to be elected a
above, but his right 10 a seat was contested
The subject was referred TO a committee Of tn,
senate. A protracte6 examination was had
both before the committee and in the senate
The legislature adjourned from June to Jan
following. and il was not until the oath o
February, 1852. that the ssnate finally deter.
mined by vote Of II 10 IL, that Mr.. Fowler
was constitutionally elected. Senate Journal
lsji-2.
In IS43. the Governor summoned twenty
two senators, who appeared aud were qualified
on the fourth day Of January Of that year. Tn,
senatorial votes were referred on that day, 4
a committee. On the sixth dayvof the same
month. the committee reported III part exclu.
ding the fourth (Kennebec) district, declaring
twenty-five members, including one from Pc.
nobscot. who had not been summoned BY Tho
Governor, To be elected. The committee also
reported six vacancies, which wexe filed, BY
election in convention Of the members or the
two houses, on the afternoon of the same day.
In the fourth senatorial district,sone Senator
only (Mr. Smiley had been summoned by the
Governor. The election OF all. the members
in that district was contested. On the eleventh
day Of that month, the committee made an ad.
ditional report, accompanied by a resolution
in which IN wac determined that John Huhhard