The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-16

0o-PosTMAsTERs ar nc sseasi
by sending DAILY subscribers, $50 sncisssds
sEmwEEKLr subscribers with SaS enclosed, will b
titled 10 copy grafts M Nh
for the very reason is desirable correct dispose
of the errors which may be made by officers Of elections
that the question of whether person is elected or NOT 10
left the body OF which be is member which 70 not con-
,rayd by provisions that do not the SUBJ
ssuce Of the thing For instance the Senate can very
easily see by looking the act In question: distinction
and what merely tbs form Here Is the hrst pro-
vision:
Tb.t at each and every regular session Of the general
aseuby Of this State NEXT preceding the o. ns
AZ any sessou when vacancy shall exist bour TO be
Designated by resoation OF either panch WIN me
OF the other branch Of the general assembly dc
II unquestionably that both branches must con-
cur aud both bran hes do concur something which
* eedigy tnl has been omit eds and when both
branches do concur essential matter has been perform
ed would ask the does he contend thsf every
thing else necessary had BEEN complied With s
he other of the statute and the OF tie
ssuass had Refused 70 sn'ss us
80 pretend 1t Il manifesly such inciden-such
mere formal matie-such mere directory regulation, ~
would not affect the result way or the other.
think Mr. President the honorable senator from Lou
isiana Mr. BESJAniH in the close Of hiS remarks, stated
which entirely overturned hs whole argument Sup
DO ling the Virginia. in which he snpposes that an
esctiou es ng ksld ihsrs Ia. senate aud he hopse @
de egates sevrray il receives majority OF one in the
senate and receives majority OF two IN the mousse " IL
no election because and senate do not concur
but 1t is theu contends perfectly competent for both
branches to decide the vote the who
receives majority OF all the votes both in the house ad
senate shall be declared duly elected senator that ME
Mr. BENJAMIN The fact is not stated correctly In
yrgna in tnat case the election is valid on the hrst
Mr.. FEssENDEN. I am not stating it as . fact We
are merely supposng That the statement made
py the senator for illustration.
Mr. BENJAMIN. Yes, sir.
Mr. FESSENDEN. That is to say, II the senate and
house. acting separately disagree the result may be that
t.ey may pass resolution that Ii the result 10 the
he next taoting anu has vote on the whols
than S, shall bs elected. II that be So why Is i not
perfectly compsisnt for tho legislature % agree " ns nrss
convention, and if receives majority pi al une le'ss
thrown, shall be declared elected Fe* the result 70
Mr.. BENjAMN stated that believed that tc be psr-
fecy constitutional but that 1t s not competent for e
sees agree that minority Of the senate shall meet the
Mr.. FESSENDBN They do no such thing. That is
case which sTPPoses did not contend that
that would be compeent but II 10 sompeent ior tne se
ate to agree that the will meet tho EOaee and hat
the person who the majority of all the voters then vo
ling individually shall be declared elected Thent when
they have agreed to that the law resolve stands agreed
TO on tbs record 1t is settled by Of both branhes
of the legislature. has become fixed and determined
act They get together and vote, and majority o. the
votes r Quorum of both bodies thrown for A. Then
Is he not elected Just well he would be they We're
acting under resolution that when one hsd majority Of
the of both houses cast separately should po eec
ed That result the senator comedies What 10 hs
answer that may be suggesed2 It may appear that ma
jorty the not present at the tme But the
senate has voted that convention should be formed Inc
compel the attendance OF It's members IN
convention. When that convention is formed accordo9
shat 1t becomes one single body, not TWO noiieS
and being single body all that can be looked ~ Is sim
ply the question, wbeher candidate has majority OF al
the votes Of quorum OF that BODY. cs
Nov, what is the remedy proposed py tne senator ron
Delaware Mr. BArARDIJ he says tfai = convenuon may
Dc formed under lue cohssu'on; soo n'S ~ S.clarJ
and person who receives majority may 20 oeclaeu
elected even thtre s minority OF the senate presenl
objection Is made IN az tne ume anu no
may be declared elected, though tnere u not
according to his dehnition OF the Two Dodef " " eac
body Did understand MIN correcuy 90 prinsoo'
he SAYS ,hsre must be acquescsnce .nele y usqu
cence 1t passes sso ssento, ana pecoueo ,sSa
put II tne oody which nas Mnoli'y eneo Sss IT, -
Ject at the Time tnen IL is no secnon snouu u - - - -
esk nim wnat wouia pe nis pro.osS = So ~ n. go
tnat tne Two Drancnes arg neseu - Si. =, S,"ye,
tool read ms speech rgnuy, nnu u.a ~ - , n q,
that senators can only act as sucn wni.e VIC - s -
ssslon IN us disunct capaeiy, OF uy aPpon. ~ .
mites 70 sft durng tue recess oii, .e se = ST.. - 4; .;
when 1t is 10 convenuoni Inc mouse = - = !;
in convention ana MHen tney are ~ ,a son .s "a -
that mode they are tne legisasure - .ht
when they have voted 70 iorm tnat con n,0nn' d .h
vote is according TO the provisions Vi ia ,a any
have the right to pass It, as senator's az w. S;
cede the legislature can pe iegay nowneo oss inter-
the hours when that ie8isl tue sn0ulo pe ~ -,
in pursuance OF It's own voe' Mnen 'nsy LII ~ ~. ., =
convention, tnc ieRsatuIe - tholo - n ~ .ha,. ;eft