The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-02-27
Mr carnanter,s successor.

senator TO succeed MI NAefhNiH"' 800
ac, "a based upon the following clear ana
unequyoca language OF the Federal Con-
sinution: ;,
1.-THE times. places, and manner OF hold-
INC elections for senators and representa-
lives sba,l be prescribed in the state by Toe
LEGISLATURE thereof; but the Congress may
M anu time by lao make or alter Such regu.
Iafions except as to the places OF chooS'"s
senator's" So
Congress has performed this plain du'y'
Everv legislator is bound TO respect Inc Ia"
under his oath to support the Cons'''u'io"'
We tnov az no instance in which Lggis'
,a,ure bas presumed TO elect senator D"
dav different from that prescribed by thea ACT
~ Congress. The Ohio Legislature CHAINS
tina, !, elected Mr.. SHERMAN because inc act
OF Congress does not provide Tor DIS c"so
case in which the Legislature hau "I.e"u'
ohoser a senator under that act. III the
Ohio Legislature adjourns before the f.n U,
March. Mr.. sHgRMAN's election may staha
oooa under the law. II not, he may nave
TO be elected again.
50 jmpelatiye and binding arc the re-
ouIrements Of the act OF Congress thal tbe
LEGISLATURE OF Louisiana bad to elect
United States senator three years before ne
could take his seat because that ACT pre-
scribes that a senator must be elected on inc
second Tuesday after the meeting ana or
ponjza,ion of the Legislature chosen next
preceding the expiration OF the term Of any
limited States senator. In Louisiana the
Legislature was chosen for four years, ana
was first organized three years before the
time when Mr.. KsLLOGG'stcrm VIII expire
So In Ohio Mr.. GARFIELD was chosen III
1850, Notwithstanding the fact was known
that the Legislature would meet again III
1881 and before Mr.. THURMAN's term "ouIo
expire. The senator bad TO be chosen on
the second Tuesday after the meeting ana
organization Of the Legislature. 1t was
known that tie Legislature would meet IN
1881. but it was also known that 1t wonlo
no, organize at its next session. Hence
senator had TO be elected in 1850. Inc
word reorganization fixed the time Of eiec-
ton.
The reason why The words land orSani-
cation "were added to the word meet
ing" Is TO be found in tho fact that Legs
latures sometimes fail for weeks after they
meet 70 organize according to Law; ana as
vacancy is just az likeiy to happen on the
first DAY Of a Legislatures session As on any
other, the act Of Congress was caFdui 10
proylde that The election to ill such vacancy
shall take place, not on the second Tuesday
after receiving notice OF the vacancy Dut
on The second Tuesday after the Leglsia-
ture :" has organized and has notice OF
such vacancy" In the Wisconsin case
the Legislature being already organized
when il received notice OF the vacancy, the
election will take place on the second Iucs-
day after receiving such notice. The wing
mlscon,trucs the law, both OF whose re-
quremenis must be met. The words are
that the Legislature must elect son the sec
ond Tuesday after the Legislature has Or
panized and has notice Of such vacancy"
Not on the second Tuesday after it has - or
ganized," as the Wing reads it, but on the
second Tuesday after it " has organized ana
has notice OF such vacancy" Inc law
has never borne any other construction, ana
we are surprised that the lawyer Of the wing
should mistake its plain meaning. II the
WhiQ' S al gument were sound, a Legislature
falling 10 organize for two weeks could not
elect senator lawfully on the second Tues
day after its organization. But the wing
is wrong. injecting" and "organlza-
ton - must concur in one case. "Orsani-
cation" and .'notice f" must concur in the
other. And as senator may be lawfully
elected on The third, fourth, or fifth Tuesday
after Legislature meets, provided this
Tuesday be the second Tuesday after organ
ization. 30 a senator may be lawfully elect
ed on the third, fourth, or fifth, or tenth
Tuesday after organization, 80 this Tuesday
be the second Tuesday after "noice" re-
ceyed OF a vacancy.
II the act Of Congress is not binding
upon the Wisconsin Legislature because
Wisconsin has constitutional right to be
represented in the Senate, then it Is not
binding upon any State legislature, ana
seuaiors may be elected whenever the sweet
will Of a legislature may lead it to desire 10
do so. Every voter has CONSTITUTIONAL
right 10 be represented in the lower house
OF Congress, but we imagine that II any
number OF them cast their votes on any
other day than that fixed by act OF Congress-
they will find that they have taken nothing
BIZ their motion. This "flmsy bit Of cere-
monial direction" was considered so I'M
portant by Senators THURMAN, HILL, and
Others OF the best lawyers i'll the United
States senate, that they unhesiiatingly de-
clared recently In that body that the vote OF
Georgia for President OF the United States
could not be counted because 1t was not
east on the day fixed ty act OF Congress ;
and this, too. though it was cast on the
day fixed by the law OF the state.
The Wing quotes the following from the
Constitution Of the United States:
Arliele l., Section ILL.,, Clause l: The
Senate II the United States shut De COM
posed Of tlco senators from each State,
chosen by the Legislature thereof, for six
years"
But this proves nothing, or else prove,
too much. II The Senate IS an unlawful
body IN the absence Of one senator from any
State, then it is nearly always an unlawful
body. Particularly was it an unlawful body
when il proposed the new amendments to
the Federal Constitution in the absence OF
senators from Virginia, North Carolina,
South Carolina, Georgia, Louisians &c, DC.
Congress has as clear a right to Tx the day
for the election of senators as for the cleo
iinn Of mpnn hers Of the unusn Of Renre.