The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-15
The United States Senator Question.


%Ihe following are the provisions OF tue revised
statutes applicable to the election OF United States
Senstor during the present session.
On the first Tuesday OF February next before the ex
praton OF the time for which any Senator was elected
to represent this State in Congress- IL the Legislature
shall then be in session. and II not then within ten days
then next meeting of the Legislature, election shall
be held for Senator in Congress- at the place where The
Legislature shall then be sitting, In the OF such
Senator so going out OF Office.
Such election shall be made By the Legislature In the
following manner-the Senate aud Assembly shall each
openly nominate person for the Office of Senator in
Congress- after which they shall Immediately meet and
if they shall agree in their nominations. the person
nominated shall be appointed to the Office for which he
shall be nominated If they shall disagree the election
shall be made by the joint ballot Of Senators and members
OF the Assembly.
States Senator from this State, for the term of SIX
years from the fourth day OF March, 1866, will be
held on the sixth day Of February. The detail OF
the manner in which the election is conducted may
rot be familiar to all readers.
The presiding officer in each branch of the Legis.
lature causes the roll OF members to BE- called on
the day specified by law, aud at the hour agreed
by concurrent resolution, and each member, in his
place, mskes his nomination pira poce for United
States Senator. II majority OF the State Senators,
and nsjority OF the Assemblymep, q quorum being
piesert Of course in each house, In this way are
found to have respectively designated A. B. as their
choice, no joint ballot takes place, but meeting
aud comparing the votes the person selected by the
two houses is declared duly chosen.
III majority OF one mouse nOm,nate4 a. b. and O
majority Of TIE other house dominates q. d. ,int
ballot is had, in which each member Of the Leg sla.
ture hes one vote, and majority Of the whole num-
Der win elect
| But it either house fails to make any NOMINATION
at all By majority OF quorum, then the provisions
Of Law which we have quo ed become imperative,
| no joint meeting Of the Senate a. Assembly, to
com. are their respective nominations, can take
i place, and consequently no election can BE- had.
| This happened in 1851, when Gov. Fish was the
candidate OF the wings, the Senate not being able
to msbe q nomination his par y was com )ellei
to resort to novel mode OF procse ling to accom-.
plish their object. Taking advantage OF che absence
Of two opposing Senators, they proceeded without
notice, 10 the election, ard succeeded.
We have thus presented the Ian cage ani ex ,la.
nation of the law uoon this subect, bacsls, We
perceive that the entire subet l. much misuolsr
stood by many Of our exchanges, some Of which
labor der the idea III It day is ixed BY statute
for the election Others hat JOINT ballot il the oniy
manner OF election &c.
The Law has properly fixed the day when this i'm
portant legislative function shall be discharged
The design was to prevent SURPRISE TO enable
every M mber to be present and take part Ia it, aud
to allow time to confer together in regard to csndi
dates. Instances have occurred where an election
has gore over In consequence Of the failure of one
house or the other TO nominate. The case of Gov
| Fish, we believe, il the only one where--the day
fixed by law having gone by without an election
| subsequent day was assigned by joint resolution
for that purpose.