The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-06-16

IRENE Court Of New Hampshire deciding
M sts Mspotch was wrong aud the Whsg
rigas ss 10 ths@election OF United STATES
scaators!"
We have 10 say that you are totally mis-
taken, We have never written i'ne soou'
the New Hampshire case; aud the M'chi'
gan case and The New Hampshire case are as
unlike ~ two csses could well be. bes'oes'
- Inc wh;o knows, the words Of an argu'
mont used ia view Of one question may
when applied to another question be made
10 carry an entirely different meaning from
what was intended to be conveyed by them.
Our opinions In the Michigan case, and the
Ncw York case, and In all the cases except
onc in which we have expressed an opinion
a, al. have been fully sustained by the
action Of the Legislatures OF the seve-
raj states. These bodies have never
IN any Instance except one proceeded
10 elect upon day different from
that which we declared TO be the proper one
uuder the law OF the United States. The
exception was In Ohio; and In that State
there was so peculiar condition OF things
that the action Of the Legislature was based
upon the theory that the Ohio case was
cdsus omissas, and not upon reconstruction
Of the statute different from ours. Mr..
GARYlgLp had been elected under the law,
and therefore Mr.. SHERMAN was elected $50
to speak in the absence OF law. In word,
the Ohio Legislature decided that the law
did not apply TO such a case.
The following are evidently the words
which the Wing thinks differ from some
thing that we have at some time said;
..Thc Legislature Of New Hampshire re-
ferred to the judges question arising I'M
/. der the Federal statute OF 1866 as TO the
time OF eIecting a United States SENATOR
The New York Times says that the opinion
OF the court is TO the effect that 1t is not
merely the right but the duty Of the pres.
emf Legislature to make the election. Their
argument Is that the Constitution OF the
United States provides that each State shall
have two senators chosen by the Leglsla-
ture thereof for six years. The State is
entitled ~ all times--fr0m March to June,
1883, for instance--to two senator's chosen
by its Legislature. The Legislature that
elects should elect for full term OF six
years, not for five years and nine months.
No State or Federal statute can thwart this
provision OF the Constitution and take away
or impair this right Of the State. The
judges say further that the statute OF 1866
is 10 DC construed according 10 It's purpose
and intent, which was TO provide that the
election OF senator for the full term should
be made by the ates, Legislature that could
perfor N that duty, and cannot be presumed
to have been to Infringe any constitutional
right
That language Is susceptible OF con-
structlon that would make it sound law;
but il it be construed to mean that because
the State "is entitled at all times to two
senator's" therefore an act OF Congress
which forbds vacancy to be filed at once
Is unconstitutional, then 1t Is such bad law
that II is hardly worthy Of refutation. So
II Il Is construed 10 mean that Legislature
cannot elect for less than six years. So IL
Ii Is construed to mean that the existing act
OF Congress on the subject is unconstitu-
tional because II frequently requires State
to be unrepresencd Ia the United States
Senate for two or three weeks. II these
constructions are permissible, the New
York Legislature bad the right 10 disregard
the United States statute and elect sue
cessors TO Messrs. PLATr and CONKLING at
once instead OF allowing New York TO re-
main unrepresented in the United States
Senate from the time OF their resignation
until the adjournment Of the Senate; for
according TO that sort OF reasoning, New
York Is entitled to two senators sat all
times" let the United States law pro.
vide what II will. Such an argument
would deprive the next New Hampshire
Legislature Of the power 10 elect even II
The present Legislature should fail 10 elect,
as 1t is likely TO fail, seeing that one house
refused TO 60 into the election last Tuesday.
II the next Legislature elects, it will inev-
tably be not for six years, but for five years
aud some months.
The New Hampshire case Is very inter-
esiiDg one. and different from any that has
arisen before. The United States statute
provides that the Legislature " chosen"
next before the expiration Of any senator's
term shall elect his successor. The mean.
ing. according to the court, is to put that
duty on the last Legislature which shall
hold a session before senator's term ex-
plres, or, to quote the courts words, "the
latest Legislature that could perform that
duty" But there is some room for doubt
upon the subject, because the word "cho-
sen" occurs In the United States law, and
because new Legislature will be "choseu"
In New Hampshire before Dir. RoLLINs's
term expires-to wit, In November, 1882
though 1t will not meet until after his term
expires-that Is, on the LIST Of June, 1883.
The reader will see what land all that) The
New Hampshire Supreme Court meant
py saying That senator must be chosen
Tor six years, and not for five years and nine
months. II meant to say only that the pre-
sent Legislature and not the next must
elect. II did not try TO override the law.
nor to set II aside, but TO get at Its mean
Ing. 1t declared the intent OF the law to be
that the latest Legislature which could elect
senator for a full term was the proper one
TO perform that duty.
The United States law is very defective.
II ought to be amended. Yet so long as It
Is the law, 1t ought to be and will be re-
spected, whatever may be thought or said as
to the constitutional powers Of the State
Legislatures. Nobody can cite single case
In which the law has been oyerridden or
set aside by any Legislature, or any court,
or the Senate itself 1.-THE only body
indeed that can set it aside on the ground
that Il is unconstitutional for Congress to
try 10 limit the mower of the State Lppisla