Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-01-27
VACANCIES IN THE SENATE.

NAGANC1ES In lf1E SENA1E,
In the legislative convention, called to elect
successor to Mr., Fry in, the Senate, there
was a difference of opinion as to what was
proper to be done. The senate committee on
the subject had reported shree candidates as
''the highest candidates to be balloted for );
but they showed the Senate, that, of the three
named by them, only Mr.. knowlton could be
considered one of the "two highest candI-
dates if Horace Faulkner, who was really one
of the two highest, had not made himself IN
eligible by removing from the District. In
tho debate which arose, it was contended that
the inegbity of Mr.. Faulkner had no other
effect than to leave Mr.. Knowlton the only
candidate for whom it was constitutional and
lawful for the convention to vote. Moreover,
there was tie between Messrs. Rice and
Dadmun, each of them having received two
votes, SO that no "t,co highest" candidates
could be found, after Mr.. Faulkner was set
aside.
This objection to the committees report,
and to the course actually taken in the con-
vention, was not as clearly warranted as those
who used it supposed. They did not quote
the constitution with entire accuracy. That
instrument does not say, in so many words,
that the Legislature, in filling vacancy in the
Senate, must necessarily vote for one of the
two who stand ahead of all others in the mum.
Der of votes cast for them; but that two can.
didates shall be selected from among those
who received the highest number of votes, and
that one OF these two shall be elected. Here
is the language THE members of the house
of representatives, and such senators as shall
be declared elected, shall take the names Of
such persons as shall be found to have the
highest number of votes in such district, and
not elected, amounting to twice the number of
senators wanting, if there be so many voted
for, and out of these shall elect" &c. Our
fl rst thought was that the legislative conven-
ton would not deem it proper to go beyond
Messrs. Knowlton and Faulkner in search of
candidates; but the majority did not accept
that Interpretation of the fundamental law
which led others to make the objection we
have considered
There is no doubt that the people of that
district would have elected Mr.. Rice, if they
had been called on to choose between him and
Mr.. Knowlton, for Mr.. Rice is not only man
of character, well suited to the place, but also
a Republican, and the Republican majority
there is very large. But this method of filling
vacancies should be changed 1t cannot be
satisfactory to the people. 1t was devised for
cases of failure to elect senators when they
voted for by counties, on a general ticket,
and under the majority rule. When there
vas no choice, under the old arrangement,
there were always three or more tickets in
the field, among which the legislative con-
vention could choose but the circumstances
are very different when there are vacancies
made by death or resignation. Suppose, in
senatorial district but two candidates are vo-
ted Jor. One is elected, but resigns soon after
taking his seat. The other, meanwhile, has
removed from the district, and there is no
constitutional candidate" to be found. The
district must go unrepresected, unless some
other method of filling the vacancy can be de-
vised. Now, when we elect senators by sim
gle districts, and under the plurality rule, we
should make an end of that old, clumsy, and
m ost unsatisfactory method of filling vacan-
cies.
In the present case, Mr.. Hale commended
that it would have been correct and proper for
the Senate to order an election by the people
and his view seems to us sound and fully war.
ranted by good reasons. The present case
nay lead to some useful discussion of the mat
ter, and thus prepare the way for the change
which is SO much needed. Accompanying the
new revision of the statutes, there is new
draft of the constitution, which we should like
to see adopted by the people, as a substitute
for the chaos that pow afflicts the form of our
fundamental law. In this new draft, it is pro-
vided that vacancies in the Senate shall be fill.
ed "by election by the people of the unrepre-
scented district, upon the order of majority of
the Senators elected" 1t will not be very
long before we shall have such an amendment
of the constitution and then, question and de-
bate concerning Constitutional candidates"
and the most correct methods of procedure,
will not be able to make themselves heard of
anywhere.