Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-10-20
THE ELECTION OF UNITED STATES sENA.
TOpc

TORS.
The trainers of the Federal Constitution left Il in
cumbent upon the State to determine for themselves
the time, mode and manner of choosing their Scna-
tors in Congress Prior TO 1888 there was an entire
want Of any legislation this subject in Tennessee
determining either the time mode or manner of such
election. AT that session, however, owing to the
difficulties attending the attempted election-our
party having majority in the House and the other
in the Senate-the Legislature passed the act, now
upon the statute book that an election of Senator
Senators shall always be made by joint vote of the
two houses in Convention and within the first thirty
days of the session The act as far as it goes does
well, but stops short of the most important point
nothing being said to what particular session Of
the Legislature such elections shall be had 1t is
therefore left question for cav whether the cleo
tion of Senator shall be by the Legislature i'm.
mediately preceding or the one succeeding the
expiration of the term of Office
If there were no parties in the country and the
peoples representatives had no motive to do wrong.
there might be no necessity for legislation of this
knd-cOmmOn sense and reason suggesting to the
painest mind that Office of such high responsible
ty should always be filed in time to prevent
vacancy from occurring There is nothing more
apparent than that the Federal Constitution contem-
plates interregnumin any of the offices pertaining
TO the three grand divisions of our government The
Legislative, Executive and Judiciary departments
form and constitute the government as a whole
Il contemplated by the trainers of
the constitution that the government should at
any time be defective in either Of its grand divis
WIS MT cd fbof4 l,oo IL
at any time be without President, Congress or a
Judiciary. The election of Executive officer is pro-
vided place before the expiration of the term
Of service of the then incumbent. The Judiciary are
appointed for life The time, mode and manner of
electing the Senators and Representatives in Con-
gress is left with the States 1t has been generally
the custom, and should be uniform in order to meet
the evident intention Of the trainers Of the constitu
tion to elect Their in time prevent any vacancies
from occuringin that body The and necessity
for such course is too obvious to require argument
Wherever there is a vacancy in the Senate of the
United States there is wheel missing in the ma
chinery of gOvernment-One State wanting in the
federal representation which stands at the basis of
our institutions.
We never said that if there were parties divid-
ing the people there would be no occasion to violate
a plain and evident duty, and consequently no ne
cessity for law determining the time of such cleo
ton. But the minority party will always be anxious
for any pretext to pos pone election of Senator
with the hope OF some better fortune With the next
turn Of the wheel.
We suggest, therefore, for the consideration of
the Legislature the proprieiy of amending the
act of 1913 so as to require The election of Sensor
by the Legislature Immediately preceding the exp-
ration Of the of service Of the then incumbent
Once fixed upon the statute book would be fair to
all parties well tend prevent injustice to the
public An act so in consonanee with public interest
and Legislative duty, would become permanent |
upon the statute book; and being just to all |
there would be occasion fer its repeal by any |
dominant majority. Similar legislation has already |
been hs in majority of the States and should be
unifol m throughout the country.