Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-09-21
THE NECESSITY FOR ELECTING a
UNITED STATES SENATOR.


A correspondent asks, "What is
the pressing necessity for the elec-
ton of 4 United States Senator by
the next Legislature ?" and he pro
ceeds to answer his question as fol-
lows
"The session Of Congress for 1S69-70
will be what is called the long session,
and with that Of lS7l-2 theshort one, end
ing March 3, 1871, Senator Fowler's term
expires. The Legislature of lSI0-7l in
Tennessee cOnveDes about the first Of
October, SO that from March only till
October will there be vacancy in the
United States Senator. This vacancy
occasions no mischief, unless there should
be called session Of Congress between
March and October, Of which there is no
probability, and if the same should occur,
the case is amply provided for in article
3, section Ii, of the constitution OF Ten~
nessee. Then it would seem that the
pressure for immediate action in this
matter arises out Of the wants Of politi-
clans, rather than out of those of the
people. The former class must under
stand that offices exist, not for private
but public good. There is then, sub
nit, no pressing necessity for the election
of United States Senator by the present
Legislature. On the contrary, there are
good reasons why such election should
not be had"
There are great many persons
besides our correspondents who have
forgotten that Congress has made
it the duty Of the Legislature which
convenes less than two weeks hence
to elect Mr.. Fowler's successor.
The law is very explicit upon this
point, and for the information of
those who are inquiring the ne
cessity for an election by the in
coming Legislature, or an adjourn
ment Of that body to some time in
the fall of 1870 TO elect a Senator,
we reproduce the law of Congress
in full, as follows:
An act to regulate the times and manner of
holding elections for Senators in Congress.
Be it enacted by the Senate and House
Of Representatives Of the United States
of America in Congress assembled, that
the Legislature 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 Con-
greSs, shall, on the second Tuesday after
the meeting and organization thereof,
proceed to elect Senator in Congress in
the place of such Senator SO going out of
Office, in tho following manner: Each
House shall openly, by vivavOce vote 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
shall be entered on the journal Of each
House by the clerk or secretary thereof;
but if either House shall fail to
give such majority to any person on said
day, that fact shall be entered on the
Journal. At II O'Clock meridian, Of the
day following that on which proceedings
arc 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 re-
ceived majority of all the votes in each
House, such person shall be declared
duly elected Senator to represent said
State in the Congress of the United
States, but il the same person shall not
have received majority of the votes in
each House, or il either House shall
have failed to take proceeding as
REQUIRED by this act, the Joint
assembly shall then proceed to choose,
hy a viva vOce vote of each member
present, person for the purpose Store
said, and the person having a majority
of all the votes Of the said joint assem-
bly,, majority Of all the members elect.
ed 20 both Houses being present and
voting, shall be declared duly elected;
and in case no person shall receive such
majority on the first day, the joint as
ssmblY shall meet at twelve clock, mes
ridian, OF each succeeding day during
the session of the Legislature, and take
at least one vote until Senator shall be
elected. . t /.
Sec. 2 And be it further enacted, That
whenever, on the meeting of the LegislaS
tuFe of any State, a vacancy shall exist in
the representation of such State in the
Senate of the United States, said Legisla-
iure shall proceed, on the second Tuesday
after the commencement and organization
Of its session, TO elect n person TO fill such