The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-01-12
ELECTION
N OF UNITED STATES
SENATOR.

to be the duty of the Legislature to elect
United States Senator to fill the vacancy wei
known by all members of both bodies Il
exist in the representation Of this State, il
consequence of the want of legality in thu
pretended election by an incompetent body o.
the claimant, P. B. S. Pinchback, to whom
the United States Senate has persistently re-
fused to accord seat, although composed in
part of large majority of fellow Radicals.
Therefore, after due formalities, the House
proceeded to elect its choice for United
States Senator, in accordance with the
full, Is follows:
UNITED STATES REVISED STATUTES. TITLE II,
CHAP /, ACT OF july 25, 1866
SECTION IA The Legislature of each State
which is chosen next preceding the expiration
of the time for which any Senator was elected
| to rep esent such State ia Congr, 81, shall on
the second Tuesday after the meeting and or
! g4niz atom thereof, proceed to elect Senator
In Congress-
SEC Is. Such election shall be conducted
in the following manner: Each house shall
openly by viva voce vote Of each mem Der
present, name one person for Senator in Con-
gross from such State, and the name Of the
person so voted for, who receives q majority
Of the whole number Of votes cast in each
house, shall be entered on the journal of that
house by the clerk or secretary thereof; or if
either house fails to give such majority to any
person on that day. the fact shall be entered
on the journal. At IL o'clock meridian of the
day following that on which proceedings are
required to take place as aforesaid, the mem
beers of the two houses shall convene in joint
assembly, and the journal OF each house
shall then be read, and if the same
person has received majority of
all the votes in each house, he
shall bs declared duly elected Senator
But it the same person has not received a
majority of the votes in each house, or if
either house has failed to take proceedings as
required by this section, the joint assembly
shall then proceed to choose, by uiua uoce
vote OF each member present, q person for
Senator, and the person who receives ma
jority of all the votes of the joint assembly,
majority Of all the members elected to both |
houses being present and voting, shall be de.
clared duly elected It no person receives
such majority on the first day, the joint as
sembly snail meet at IL o'clock meridian of |
each succeeding day during the session of the
Legislature, and shall take at least one vote,
until Senator is elected.
SEC 16. Whenever on the meeting of the
Legislature Of any State vacancy exists in
the representation of such State in the
Senate, the Legislature shall proceed, on the
second Tuesday after meeting and organiza-
ton, to elect person to ill such vacancy, in
the manner prescribed in the preceding sec
ton for the election of Senator for u full
.erm.
SEC. II. Whenever during the session Of
The Legislature of any State vacancy occurs
n the representation of such State in the
senate. similar proceedings to fill such vacan-
" shall be had On the second Tuesday after
he Legislature is organized and has notice of
uch vacancy.
A motion was made in the Senate TO 90 into
n election for United States Ssn0Pr in &C
ordance with the foregoing act Of c Congress,
ut was defeated by the negative votes of the
Radical majority of that house by indefinite
In conformity with the law as quoted. both
ouses ara required to meet to-day a. noon
q joint session to compare journals in order
, see if the two houses agree in their choice.
LAYING by resolution refused to 60 into an
lection of United States Senator, the Senate !
ill not as body meet the House in joint
,ssion. s
It now remains to be seen whether anS !
embers of the Senate will deem it to be their q
'ivilege and duty to present themselves to-
" at noon on the floor of the House of Rep. s
sentatives, and unite with that body in
rming joint assembly, the action of the .
mate in refusing as body to go into an o
ection notwith standing. Should number g
Senators thus meet the House, aud with II
en- 60 into q joint election, SO that the num- 9
II of Representatives and Senators participa- Q
,g and voting in such election should form -"
majority Of all the members Of both Houses,
is believed that the election would be &C.
'ngress. J
This belief is based upon the pre5umpti on 9,
At it was not inten led by Congress that L
'jority OF oae branch Of State Legislature : !,
ould contravene the wishes aud nulify the Ia
hts of a majority Of the whole L legislature. N
Aerwise it might happen in louisiana that
,eteen Senators, being mljority of one -; a.
the Senate, could prevent seventeen q,
Ter Senators and hundred and eleven d
representatives. from performing the duty tn
d exercising the right guara nteed t, T.
} State by the Constitution of the m
ited States The right Of the State ds
full representation in the United tW
ties Senate is absolute and indefeasble. \,
9 body upon which the election Of Sena- Ia
8 is devolved, is clearly designated in the at
law Of the Federal Republic .a'
. time and mode of electing Senators are -
inly and explicitly set forth in the Act of es.
,gress Of July g. 1866 This act and the M
must be construed together, and Ia Ia
h in such Q manner as to guarantee two ON
ators in Congress for each State in the on
ion. tn
SENATOR EUSTIS.