The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1854-02-03

ceNuloI, W ueteTmlIe VINO arc clcCteu cen.
ators, and 10 compel their attendance. If
any number Of Senator'S, however small,
may DO designated as Senate, and DO OF.
ganized and act, and may by an express
power determine who are elected, for one
purpose, there may be no sufficient reason
10 conclude, that il was moi the ipleniion Of
the ffameIs Of the constitution, that Sem
ale, composed in the same mannei, should
nc, for an other constitutional purposes 10
determine who are not elected for tho pur.
pose OF procuring The organization Of The
Senate in anolher and different mode.
The constitution requires The Senate 10 de-
lerminc who are elected Senators BY ma
jority of The qualified voiefs in each dis
llicl.. II coniempla,cs il as an ac, TO be per-
formed on The day appointed for The lirst
meeting OF the members Of the Legislature
alter They have been elected. There is
provision IN the iih section Of the ninth ar.
ticle, that in case tile elections required
shall not be completed on that day, the
same may be adouIncd from day 10 day
until completed.
Circumstances may prevent the Senate
from being able TO determine in enc day,
and for several days, who are constitution.
ally elected, having the required qualif-
cations.
Ills not made The duty Of lhc members
OF the House, 10 meet the Senators who
have been elected 10 elect 10y join, ballet
other Senators before the Senate has deter.
miued who are not elected in all the dis
,ric's. IL is not however considered ,hn,
Senators could not be legally elected by the
agreement of both branches, before the Sen.
ale had determined who were not elected
in all The districts: while i, is considered
that each house may righiiully refuse to
prcsecd 10 an election by n joint bnllo. until
aflcr determination has been made by The
Senate respecting the non.cleciiOn OF Scna-
tors in all tn, districts.
II is such Senators and such only " as
shall have bCcn elected" who arc author.
lied 10 vote in the join, ballot with the
members OF the House 10 elect ether Scna.
tors. The words shal have been elect
cd,n have reference 10 such Senators rs
shall have been elected by the qualified
voters. II j, should be admitted that these
words may properly describe those Scna.
aiorS who have IN any mode been elected
before The elections by joint lalloarc made,
still the constitution coutcm pla'iug all such
elections should be made al ore time. aud
in the day appointed for the Gr,i meeting
Of the Legislature, il would no, have been
expected or Intended thai o:hcr electors
should be entitled 10 vote il circumstances
should require an ahjcurnmcu, 10 another
day ailrra part OF The elections had been
made by joint ballot.
NFl,, I,,,,rr,;r,,;,.,
who are not elected Senators. and who arc
the constitutional candidates, and other
person, have been duly elected Senators W.
joint ballot OF the member, Of the iwo
Houses, there can be no revision orilnt de-
termination without anuuIiag the elections
made in Joint ballot, which i, entirely in.
admissible. Such determination j, there
ioIc necessarily iiual and conclusive one.
By construction which will au'holsc
number less than quorum 10 determine
who are not elected Senators. aud what va
cancics exist, aud who are the constitutional
candidates, there may bc compliance with
every requirement OF The constitution. and
constitutional government at all times 80.
cured withou, such construction there can
hc no such compliance, and 10 such ~.
occasions may frequently occur and cil.
cumsiances be presented which will prevent
The organization of constitutional Govern.
men, without the exercise al power no.
conferred upon il by some branch OF the
government, or without resort TO the or
ganlZaiiun OF government from necessity
There il little cause for alarm. that such
powers may by possibility hc exercised by
one Senator. Such MI occurrence can be-
expected bu, rarely. il ever. Powers moro
extensive and important may. under the
constitution of The United States. and uudcr
those OF several OI the states, hc exercised
by one person. Experience has proved lhn:
the most important and delicate trusts arc
as faithfully performed by one, and few per.
sons, n by large number Of persons.
To The ~ question, the answer is That
section does icGuiIc The Scualc 10 determine
who aIc elected Senator'S in district bclOre
other persons can, 10y joint ballot, Lc elected
Senators for such district.
II docs contemplate that the Senate shall
determine who aIc elected Senators in all
the districts, aud ''tIIal all cNi,ling vacancies
should be asccIiaiucd anl declared before
proceeding 10 such cIccion.r Aud each
House may righlulIy refuse 10 meet tho
other 10 make such elections hv Joint ballot
until all existing vacancies have been SD a,.
ccI,aincd aud declared; while tins mode
oi proceeding IL not regarded ~ 80 essential,
that Senators cOuld not bv the agrcrncut
oi both Houses be- legally elected before all
existing vacancies hni been 30 a,ccnaIncd
and declared
To the second question the answer is
The provisions CT that section do uOl con.
template meeting Of The members of the
two Houses 10 make such elections los ioint
ballot "ior the purpose of filling paIi only
OF the vacancies existing in The Senate on
the iirst Wednesday Of Jinuary." Those
provisions are not regarded n, iorbmLnr
such conrsc, when adopted by the agree.
mcnl Of both Houses.
To the third question the answer is:
Scnalor 20 elected is not entitled 10 vote i'm n
meeting or convention OF the member, of
the two Houses "hcld for the purpose II
IllIIng vacancies in the Senate cNlsling on
The hrsl "Wednesday OF Jauuarv.p
To The fourth question the answer Is in
the affirmative 10 the Grst Interrogation nut
in that question and 10 the second inteigo.
SUM- PNl '' 'I"' iN'fhulIl " " ll lit dlllT-
NATIVE. 10 the 81 Interrogation il Is all tho
powers rcquiIcG by the constitution 10 bc
exercised by the Senate 10 procure an OF.
aanIlalion olllHt house. TO the iour,h in.
Icrro@aliCn the answer is in the affirmative.
and 10 the 9TH also. To the SIKH the an.
swcr is: The Senate being authorized 10 de.
eide upon The election or il, own mrln.
bcrs, must have the iigll' 10 determine M.
on what evidence IT will do il.
To The iilIl question the answer is in The
negative.
AlI OF which is most respectfully sub.
miilcd 10 the House OF Representatives. by