The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-02-19
Election Of Senator.


The law of Congress fixes the time for the
election of United States senators. There
we're two parties in our Legislature in Dc
toher last--the one contending that the Lee
gislature had no right then to elect, and the
other contending that it had such right.
The former, fortified by the opinion OF the
Attorney General, carried the day. Two
senators were elected in pursuance OF the
law of Congress, as the members then sup
posed-that is to say, the Legislature, in
order that the election might be held on the
s.second Tuesday after its meeting and or
sanitation" took recess lasting some ten
or more days. In due time Congress met
The onestion as to the legality of the cleo
tinn of Messra. LEWIS and JOHNSTON was de-
cided in the affirmative by that body.
Both Houses first, and the Senate af-l
,erwards, decided that the Legislature
had complied with the act Of Congress-ina
other words. that the goth day of October
last ,caS the second Tuesday after the meet
ing and organization of the General Assem-
bly,. The General Assembly itself first
decided that that was the day fixed by law
for the election Of senator's, and Congress
afterwards recognized, legalized, and vail
dated, that decision. Congress has decided
that the officers of the two houses were
lawfully chosen, and the General Assembly
lawfully organized, in October last. If it
was not then " organized" it is not yet
organized: for nothing looking to an or
canization has been done since that time.
The act of Congress relates back to the 9Th
Of October last. 1t did not provide that the
Legislature might. after its passage, pro-
coed to perfect its organization, but de-
clared in effect that that organization was
effected and perfected in October. And if
the Legislature was then lawfully organ
ized, it requires no MANSFIELD or WEBSTER
to tell us which was the second Tuesday
after its organization.
In Georgia and in Mississippi the law
vas construed Alright, and three senators
were chosen on the proper day. Our Gene
raj Assembly ought to have elected three
senators. or one of the two senators twice,
in October last. If it had done 30, the
election would unquestionably have been
valid. Is it not plain. then, that there can
not now be another day when the election
can be had in pursuance of the act of Con-
gress? But as the time has now passed,
no election of senator pursuant to the act
IL loiI ,,S1
shall have occurred. AS, however, each
House of Congress is, under the Constitu-
ton, the sole judge of the election and
qualifications Of its own members, a
senator may be chosen either at
the present or at the next session
of the General Assembly, and such
senator will be permitted to take his seat
if the Senate so will, just as Mr.. SEGAR,
though elected without authority of law
may, il the House of Representatives
choose, be admitted to O seat in that body.
Mr.. JoHNsroS's term will expire March
Ith (the custom now is for Congress to sit
till ~ o'clock NJ. on the 4th Of March,, |
1871, on which dag this Congress will cease
TO exist. Congress and our Legislature
Hill both meet on the first Monday in De-
cember, 1871. The Legislature can, as
soon as the law will allow, elect senator
to fill Mr.. JouNsToS'S place. Unless there
be an extra session of the United States |
Senate we shall be unrepresented for not
moro than ten days. So that the a1yunae7a- |
hun al inconrenienti (Which, however, is
hardly ever worth considering, though 80
often advanced,) is not at all strong in this
instance. The omission to elect senators
in October was clear case OF negh-
gence on the part of the Legislature.
Our Constitution, it is argued, provides
that the General Assembly shall elect Su-
perintendent of Public Instruction "within
thirty days after its organization" True
enough this may be construed to mean
thirty days of actual sitting. But if even
It cannot be so construed, the case is not
altered. 1t is illogical to argue that the
Legislature has the power to do one thing, |
because if it has not, it has not the power
to do something else which it wants to do
and must do. 1t is as if one should argue |
that the Legislature has power to do to-day |
what it ought to have done yesterday be-
cause it did not do it yesterday, or that the
Legislature will have power to elect SEN
ator next Tuesday because if it shall not
then have said power it will never have it
arguments that prove nothing. But the new
Constitution also provides that the Gene
raj Assembly shall have power 50 fill vacan-
cies in Offices in cases not specially provided
for in said Constitution. Under this pro-
vision the General Assembly can fill the
vacancy in the office of Superintendent of
Public instruction created by the unex-
pected state Of things which necessitated
the adjournment of the Legislature last
fall.
Tc,pmarnia1 rar,.ooNy