New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-16


to the Senate, coming as it does, upon the heel of
Mr.. Harlan's rejection, seems Likely to open anew
the question as to the legality of the election of Sen
ators by joint ballot of the two Houses of the Legis
lature-a method employed by some States from
the very organization of the Government under the
Federal Constitution, and adopted since by most of
the others.
The Federal Constitution provides that the Sen
ate of the United States "sbal be composed Of two
"Stnators frcm each State chosen by the Legsla-
"ture thereof" When the Senator's we're chosen for
the first CoDgrs IS some of the States chose by con-
current vote-that is to say, each House voted
separately and independently-th concurrence Of
both Houses in the same choice being thus required
for On election. O,her States adopted the practice
-recognzed in most Of the State Constitutions in
the election of certain State officers, especially Of
Governors, at that time in most OF the ates
chosen by the LegisatuTes-Oi Convention Ia
which the two Houses act as one BODY, major
ity Of which elects even though that majority
should consist exclusively Of members of one House.
What occurred in New York on that occasion is
both curious and instructive New-YOrk, 1t is well
known, bad powerful party, out of which the
Democratic party subsequently sprung, opposed to
the Federal Constitution. This party had ma
jory in the Assembly while tine Federalists had a
majority in the State Senate. The Assembly pro-
posed TO choose Federal Senators by joint ballot, in
a convention of the two HOuses-an arrangement
which would have given both Senator'S to the Anti
Federalists, their majority in the Assembly ousIum
beriDg the Federal majority in the Senate. The
Senate would not sgIee to this, but offered to CON-
promise on any methed which would secure to them
the nomination of one Senator. This offer was de-
clined by the Assembly, ard no Senators we're chO-
stn at that session. A State election Intervening,
the Federalists obtained majority in both Houses,
and when the Legislature came together bill was
passed which prov ded that when two Senators were
to be chosen, and the nOmin atoms made by the two
Houses were of different persons the Senate should
be obliged to adopt one Of the persons nominated BY
the House, aud The House TO adopt one of the per-
Sol nominated by the Senate but 10 case only one
Sen ator was TO be chosen, each House might offer TO
The other resolutions of nomination till such time
Senator might be chosen by concurrence of both
Houses. But the Council Of Revision which,
under the first Constitution of New-Iork, pos
sessed qualified veto on all bills passed by the two
Houses, refused their appreciation to this project,
On the srouDd that if in the choice of Federal Sena
tors the two Houses did not act in q legislative
capacity, then no law on the subject was needed,
while if they did act in legislative capacity, in that
case the Senators must be appointed by law
passed in the usual form. two thirds vote could
not be obtained to pass the bill over these Objec.
tons, and the Legi, ature shortly after proceeded
to appoint two Senator'S BY joint reso ution.
The method of choosing by joint bal OF in the
two Houses should not agree in their nominations
was afteIwaTd introduced during the ascendency Of
the Democratic party, and is in accordance with
the theories which, till recent period, that party
hss always protested, giving a preponderance in
the choice of Senators to the more numerous and
popular branch Of the Legislature. Among other
charges, however, introduced of late, under slave
holding influences, into the Democratic theory, is
the ieea Of extra importance to be attached 10 the
Senate; and the Fedt RAJ Senate seeks to enhance
It's own suhority it would seem also. in its decision
upon Dir, HaIlsn's right to seat to have taken
upon itself the patronage Of the rights Of State
Senstes. That decision, however does not 90 the
ltIgth OF holding that 10 make The election Of
Senator valid majority of both Houses must
cor cur in choosing him, but only that msjotity of
10th Houses must be present and participating
while he is chosen.
The protest against Mr.. Csmerons election goes
he whole length q insisting upon the necessity Of
the concurrence Of msjority Of both Houses to
make an election If Senator valid. THIS eau only
be ON the idea thar the ecsion OF q Senator is
,is.,,:ye &C.. b; a :: :. 81 De s:etm-i les 5