New-York tribune., 1879-04-08
AT THE NATIONAL CAPITAL
.r,, ~ nouBF ABOUT Mr.. BELL.

h
-a-l,. vorE on ADMITTING HIM WITHOUT
oi', ,,,cu prcARp TO PARTY-THE GREBNBAcS MEN
roc,rcUs AGAIN-MINoR NEWS.
MI senate spent the most of the day yes
.ordav debating whether to admit Mr. be,''
of New Hampshire, or not. 1t Is thougn'
tbot several Senator'S will vote independently
&C marty on this question. The Greenpack
mon. who were so completely sold out IN theu
attemnt TO have a Monday session of the House.
;ntend TO get together in caucus again 10
consider what it is best to do. Ihe HOUSE
will probably vote on the subject OF charging
its committees to-day. The debate on 'he
Legislative bill may last more than week
THE GRANITE STATE IN THE SENATE.
THREE HOURS OF ARGUMENT ABOUT THE hh"hi of
Nrw-IAMPsHiRE TO BE REPRESENTED IN FULL
~ THE SENATE
Try TELEGRAPH TO THE TRIBUNE.l
w ,srrSGToN. April THE question OF the ad-
,,sson of Mr.. Bell, appointed by the Governor OF
Hampshire to ill the vacancy in the Uniteu
States Senate caused by tine expiration OF Mr.. Nad-
leiol's term of service. was under consideration III
tle Senate for three hours thus afternoon lhe
eminent lawyers % that body consumed the time
with har-splitting arguments over the legal aspects
Of the case. TO an ordinary observer, the case
vouid seem 10 be one OF the simplest that could De
brought up.
By reason of change in the Constitution
Of New-Hampshre, which took eject IN OCTOBER
ISIS. two Legislatures were chosen in that year.
One was under the old Constitution. III MARCH, lts
term of office began in June, 1873, and will terminate
in MAY. 1879. The other, under the new Constltu-
tiou. was chosen in November, 10 serve for two
vears. the term beginning June 1870 The Con-
sttutlon of the United States, Article L., section 3,
provides as follows:
/ The the United states shall be & comp9siGd
Of two from each state chosen bv the heSisia-
ue thereof for SIX years and each Senator sha nave
0l immcdlaely after they shall he assembled in con
scguence OF the first election they shall be divided as
equty as may be INTO three 9f tS cTnr
lion of the Recond year. of the second class AT the e1p
ration Of the fourth aud Of the third class AZ the
tvIratiou OF to sixth year that ouethiTd may be
chosen every second year. aud II vacaucies happTn Dy
iature Of any stale tho Executive thereof NAV make
temporary appointments until the next meeting o. inc
Legislature, which shall then I'LL such vacancies.
A o1estion arose after the adoption Of the new
State Constitution of New-Hampshire as to which
of the two Legislatures had the power Of eecting
a successor to Senator Wadlegh; and the matter
having been brought before the United States Sen
ate. was considered by the Judiciary Committee of
the BODY winch made report to the effect that the
Legislature chosen in November, and which docs
not meet until next June, beng the one chosen next
preceding the expiration of Mr.. Wadleigh'S term of
service. WOulu DC tull0lou W ClCCO ouNNNSooi'
As Mr. Wadleigh's term expired OH the Sd of March,
st a time when the Legislature of New-Hampshire
was not in session. the Governor of the State under
the constitutional provisions quoted above, ap-
poipted Mr. Bell to serve until the Legislature
should hold an election.
With an ingenuity which commands admiration,
The honorable Senators have succeeded IN surround
lng this case with legal entanglements which make
the result exceedingly doubtful, but which will
furnish to any Senator q sufficient reason for voting
either way not voting at all as his personal OF DO
htical lnclinstions may lead him. There are lndi-
cations however, that number Of the Democratic
Senators and one of the Republicans (Mr. Carpenter
will rise above party" on this question and vote
with their political opponents. 1t IS good case
ppoD which to manifest political independence, be-
sause by 10 possible contingency can either party
gain or lose anything by the result.
The debate was opened to-day by Senator Bailey,
al able lawyer and fair-mInded man, albeit
Democratic Senator. He showed by quotations
trom the Jefferson papers that the fathers of the
Constitution did not have in contemplation such
question as has arisen in connection with the
present case. He said they had never contemplated
that the Executive Of State should fill vacancy
by appointment unless 1t had occurred by reason of
the death resignation Of an incumbent He
showed that the matter had been exhaustvely dis
rIlsSed on several occasions by the Senate, and
never had decision 10 the contrary been reached.
Mr.. Rollins Of New-Hampshre took ground OK
actly the reverse of that held by Mr.. Bailey lie
quoted precedents at great length to prove that in
anumber of exactly similar cases the Senate had
decided in a manner favorable to the applicant for
seat.
Senator Hill spoke for nearly an hour taking the
broad position that OTHERWISE" meant "in the
same way, !" and happen did not mean TO occur"
cta ms ab r1 in bref this is all
there was to the honorable Senator's argument. He
dwelt particularly upon tie legal signifcation of
the two words as contradistinguished from the
more ordinary or dictionary" meaning.
Senator Bayard spoke in favor of the claims of
Mr.. Bell, and was the only Senator on that side of
the Senate who descended TO the cOmmon-sense
view of the case as distinguished from the legal
view. lie held that the trainers of the Constitution
had provided for "A continuous representation III the
Senate from every State; that they had made pro-
visions against certain contingencies by giving the
State Executive the power to fill vacancies result
ing from the resignation OF an incumbent by ap-
pOntment. They had also fOTeseen that vacancies
might occur & ON other causes, and had provided
also for them bV adding the word otherwise"
Senator Carpenter although he did not make n
speech indicated by several questions which he
asked Mr.. BayaTd that he would oppose the claims
of Mr.. Bell. 1t IS understood that Senators Ed
mGnds Conkling Garland and Others will speak
upon the subject but il is possible that 1t may be
disposed OF tomorrow.
Mr.. BLACKBURN TO REPORT TO-DAY.
no OPPOSITION TO TIE ENLARGEMENT OF THE
house COMMITTEES FXPECTED-TROUBLE POS
sIBLE on ANOTHER POINT.
TELEGRAPH To THE TRIBUNH.I
WAsnNGION, April 7.-Mr. Blackburn will make
his report from the Committee on Rules tomorrow