The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-26

THE SENATORIAL ELECTION.

THE SENATORIAL ELECTION.
A contemporary gravely discusses the ques-
ton whether, In the event of failure OF the
General Assembly to elect Senator, Che
Governor would have the right Of appoint
ment. The question has long since been
judicially settled by senatorial precedent. and
is beyond the pale Of discussion. In the case
OF Mr.. Phelps, of Vermont, who was ap-
pointed by the Governor In 1854 it was held
that the right of the Governor to appoint does
not apply to vacancies caused by the expra-
tion Of a regular term. This view OF the case
has been uniformly adhered to ever SINCE
We can call to mind, among other instances
that Of the senatorial vacancy which occurred
In Missouri, the following year, by
the expiration OF the term OF service of
Gen. David r. Atchson, acting Vice Presi-
dent Of the United States after the death
OF Mr.. William II. King. On account Of the
failure Of the Legislature to elect, during the
nti-Benton complications In the Democratic
party, the State had only one Senator in Con-
gress for nearly two years.
friend has suggested that the question
was settled In the Fitch case from Indiana.
case being interesting, we will state while
we are on this subject, though 1t has no bear
ing on 1t. In 1866 one party had O majority In
House os the Indiana Legislature and the
~ther party mo iority in the other House,
{ Democratic majority on joint ballot being
tuo. If o Joint ballot could ever have been
heldit LIZ plain that Democrat would have
peen elected. But the opposition House per-
sistently refused to 60 into q joint session
something, by the way, which is impossible
under the present law regulating the election
of Senators. 1t happened, however. that
one day the two Houses held
q joint session for the election OF minor State
officers. A Democratic member moved to 20
into an election for United States Senator.
Instantly all the opposition members with
drew from the hall. This left one OF the
houses without quorum, but majority on
joint ballot OF t,co votes. This joint assem-
bly, elected DIR. Graham N. Fitch United States |
Senator. His admission was resisted by the |
opposition members. The two questions pre- |
scented were: 1. Whether joint session. called |
for one obiect, can transact any other business;
and 2. Whether a quorum OF the General |
Assembly means quorum Of each house. or a |
quorum OF both houses per capita. BY the |
admission Of DR.. Fitch the Senate virtually |
decided that constitutional quorum was |
present, and that the joint session was COM
petent to 90 into an election for Senator, |
although called for q very different purpose |
1t is proper, however, to state that this was |
viewed at the time by the opposition as a
partisan solution OF the question. The speech |
OF Mr.. Crittenden, particularly against the
admission Of the new Senator, was considered
by the opposition as unanswerable It was
indeed, very able.
Should, however. the present General As
sembly adjourn without making choice be-
tween the several able men who have been
balloted for, would the State, in reality, be
without representation for single day of the
actual session Of Congress2 The new Sena-
tors term theoretically commences on the
fourth Of March, and, In case no contest is an
he would draw his fret months pay
on the fourth OF April. But, unless an extra
session OF Congress should be called he will
not take bis seat, or take the constitutional
oath OF office until the first Monday In De-
cember next. Before that time another Leg
islature will have convened under the new
Democratic constitution, which will be album
dantly able to elect Senator who can repre-
sent the interests of Louisiana in the National
There can, therefore, be no va
Cancy.
But this Legislature is the Legislature
which, In contemplation of law. must elect
Senator. 1t should perform that important
duty. The people are not SO much Interested
In this, that or the other individual as they
are interested In having the State represented
man who is devoted to their welfare. and
who has the capacity to advocate 1t on the
the Senate.