The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-06-30


Lsst saturday there was less than quo.
ram d he New York Senate present IN
the Joint convention Of the two houses
which assembled for the purpose Of elect
iur Cutacd states senstcrs. There was .
majority Of call the members elected 70
botA houses, but not majority Of all the
members elected to each house. Mr.. MUIR
raY made the point Of order that no iswiu'
ballot could be had in joint convention
composed Of lees than majority Of ah tne
members elected 10 each house. His point
OF order was promptly overruled; but lever
sluco then the discussion OF the same ques-
ton has been kept up both In the Legis'a'
ture and the public Journals.
According TO the set OF Congress MT.
MURPHY was wrong. The language OF tnal
act Is too clear to bear more than one con-
xtruction. We quote so much OF II as bears
upon the question before us:
aThe election shall be conducted IN the
following manner: Each house sna''
openly, by a ripd roce OF escn memoer
present, name one person Tor senator 10
Congress from said State, and the name OF
the person 90 voted for, who shall nave
msjority OF the whole number OF votes
cast in each house shall be entered on the
Journal OF each house by the clerk or sec,
retary thereof, but II either house shall
fail to give such majority TO any person
on said day that fact shall be entered on
the Journal. At 12 O'Clock, meridian, oil
the dsy following that on which proceed
~ af0fe-
said. the members OF the two houses shall
convene In Joint assembly and the journal
of each house shall then be read, ana IL
the same person shall have received ma
ioritv OF all the votes in each house, such
person shall be declared duly elected sena-
tor 10 represent said State ia the Congress
OF the United States; but II the same per-
son shall not have received majority OF
the votes In each house, or II either house
shall have failed TO take proceedings as re-
quired b. this act, the joint assembly shsl!
then proceed to choose by a riva-Uoce vote
Of each member present person for the
purpose aforesaid, and the person having a
majority OF all the votes Of the said Joint
assembly, majority OF all the members
elected to both houses being present and
voting, shall be declared duly elected; and
IN ease no person shall receive such ma
iori,y on the first day, the joint assembly
shall meet at IL O'Clock meridian OF each
succeeding day during the session Of the
Legislature and take at least one vote until
q senator shall be elected"
The law plainly distinguishes between
sa majority OF alltbe votes in each house."
aud ga msjority OF all the votes in said
joint assembly," Butthe law is manlfesty
unconstitutional II il undertakes TO give to
"joint assembly the power to elect a
United States senator. There are say 100
members OF the New York Legislature, OF
whom only SO are senators. All the sena'
tors might be absent from the joint assem-
bly,, and yet there might be very large
majority OF the "ioint assembly" present.
Could such body elect United States SEN
aior! OF course not for the Constitution
OF the the United States provides that her
senators "shall be chosen by the Legista.
furev Of New York. What is Legislsr
ture. 1t consists Of majority OF each
house. There can be no lawful act done by
o body claiming to be Legislature unless
each house has a majority Of its members
present.
Clearly, then, whilst Mr.. MURPHY's point
Is not good one under the act OF Congress.
II Is an uuanswerable one under the Consti-
tuition OF the United States. 1t would be an
absurd proposition TO claim tn It one house
could elect United States senator. 1t
would be equally absurd to claim that less
than majority could be constitutional
house. 1t is, therefore, absurd to claim that
q senator Of the United States could have
been lawfully elected by the Legislature OF
New York last Saturday.
Another point made by the Democrats
is, however, not good. 1t is that the joint
assembly having failed TO hold lawful
meeting last Saturday, II has lost its right
10 eject United States senators during the
present session OF the Legislature. The
letter Of the law does not provide for this
latter contingency; but the spirit OF 1t does
for the laa provides that IL on the day after
the day fixed by law for beginning the pro-
ceediugs for electiDg United States sena.
tor II shall appear that either house failed
70 take the proceedings required by law.
the said election shall go on just as il both
houses had complied with the requirements
Of the law. We suppose that the United
States Senate would hold that the same rule
applies TO any other day OF the session.
Therefore, il on last Saturday "either house
failed TO take The proceedings required :" by
the act of Congress, the joint assembly could
nevertheless proceed on Monday TO choose
q senator. Besides, the law provides that
the Joint assembly shall meet each day.
Now, IL lawful quorum OF one house was
not present last Saturday surely no greater
consequences could result than II lawful
quorum OF neither house had been present
and II certainly would never be held that I
legislative body cannot go on with It's bust
ness on Monday because 1t did not have d
quorum on Saturday. Any law OF the
United States which should thus undertake
10 deprive Legislature OF It's constitu.
tionai rights aud powers would most likely
be held to be Itself unconstitutional, and
therefore null and void.
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A SiGS-THE MAHOYE TICKET REPU.
DATED We inquired OF an Intelligent gen
fifmap from the country last week, who |.