Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-10-16
THE SENATORIAL ELECTION.

By an act of Congress, approved July
18th, 1866, passed under authority Of the
4th section of the LIST article of the con-
stitntion, fixing uniform regulations as to
the time and manner of electing Senators
in the Congress of the United States, the
Legislature Of Tennessee will, upon Tues
day next, the 22d inst, enter into the elec-
ton to fill the vacancy to occur by the
expiration of the term of Hon. ID. T.
Patterson, on the 4th Of March, 1869
The power TO establish such regula~
tons by law is not questioned. 1t has
never been used, however, until the
present time, and there is no sufficient
argument in its favor now Ii may do
no great harm as a general law; but it is
liable to two objections. In the first
place, it is one of that series of measures
which tends to increase the centrifugal
force, already too great, in our Federal
system as now construed and conducted /;
and, secondly, it is calculated to make
the Senate body less directly represent
tative of the people than it has hereto
fore been. A Senator elected eighteen
months or two years in advance may be
at the time he enters upon his duties,
wholly out of sympathy with the people
of the State which he represents While
it is admitted that the Senate is that
branch of the legislative department in
tended by its long term of service to be,
to a degree, Independent Of the fuctua~
tions of popular opinion, yet, it is of
doubtful propriety to adopt rule in res
gard to its composition which may en>
tirely diyest it of the character of rep
resentative body Some inconvenience
and vacancies have occurred under the
old system in which every State fixed its
own time, place and manner of choosing
Senators, but it is probable that the origi-
nal intent of the trainers of the constitu-
ton was more nearly carried out under
that system than it can be under the
present law. For information we app
pend the act
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That the
Legisla ture of each State, which shall be
chosen next preceding the expiration of
the time for which any Senator was elected
to represent said State in Congress, shall,
on the second Tuesday after the meeting
and organization thereof, proceed to elect
Senator in Congress, in the place of such
Senator 80 going out of Office, in the follow
ing manner Each house shall openly, by
UiUa uocs of each member present, name
one person for Senator in Congress from said
State, and the name of the person so voted
for, who shall have majority Of the whole
number Of votes cast in each House by the
Clerk or Secretary thereof; but if either
House shall fail to give such a majority to
any person on said day that fact shall be
entered on the journal. At twelve o'clock
meridian of the day following that on
which proceedings are required to take
place as aforesaid, the members of the
two Houses shall convene in joint
assembly and the journal of each
house shall then be read, and If
the same person shall have received
majority of all the votes in each house,
such person shall be declared duly elected
Senator to represent said State in the Con-
gress of the United States; but if the same
person shall not have received majority
of the votes in each house, or if either
house shall have failed to take proceed
ings as required by this act, the joint as
sembly shall then proceed to choose, by
a viUd Uoce vote of each member present, a
person for the, purpose aforesaid, and the
person having a majority of all the votes
Of the said joint assembly, majority Of all
the members elected to both houses being
present and voting, shall be declared duly
elected and in case no person shall re-
ceive such majority on the first day, the
Joint assembly shall meet at twelve o'clock
meridian of each succeeding day during
the session of the Legislature and take at
least one vote until a Senator shall be
plectpd