National Republican., 1881-07-01

The law Concerning Senatorial Elec-
tions.
On Saturday last less than q quorum
of the senate voted in the Joint
convention of the Now York Legis-
latrre on the ballot for Senators.
rhereupon o member made the point
Of order that the ballot was irregu-
lar, because quorum Of the senate had
not participated therein. The point of.
order was overruled by Lieutenant-Gov-
ernor Hoskins. An appeal from his de-
cision was attempted, but not enter
tained, for the reason, we suppose that
the joint convention OF the two houses
could not vote as one body upon
any proposition except the election of
Senators and a motion TO adjourn.
The act of Congress declares that "the
person who receives majority of all the
votes Of the joint assembly, majority Of
all Ue members elected 10 both houses being
present and rotin0, shall be declared duly
elected" Senator of the United States.
There are one hundred and sixty Of
the members elected TO both houses"
and eighty-one would constitute "a ma
jority ofall" Of these members. Some
go so far as to say that the act of Con-
sress authorizes any cighty-one or the
whole one f;.ndred and sixty to elect n
Senator by majority of their number.
There are thirty-two senators and one
hundred anl twenty-cight assem-
blymen. If oigbty-one OF the lat
ter we're TO he present at a
time and place appointed for the meeting
Of the joint convention TO elect Sena-
tor, and the remaining forty-seven as
semblymen and all Of the thirty-two SEN
ators were TO absent themselves, the
eighty-ono would be "a majority Of all
the members elected to both houses"
They being present and voting" would
any eligible person receiving a majority
of their votes-viz., forty-one-be duly
elected a Senator?
The act requires that "thc members Of
the two houses shall convene in joint
assembly," and that the joint assembly
shall then proceed TO choose )" from
which IL would appear that the branch
containing the least number of members
might, by absenting itself, prevent an
election. II was doubtless the intention
of Congress, in enacting the law of 1866
under which senatorial elections are held
to exhaust its power in the direction oi
rendering impossible such obstructive
conduct. But that act is self-contradict-
ory. 1t calls for joint assembly of the
two houses Of State Legislature tc
choose Senator, and yet provides that {
majority of the aggregate number o
which these houses are composed may
act independently of the minority. Herr
are its elements:
/. The two houses shall convene il
joint assembly.
.. This join. assembly shall choose tht
Senator.
8. The person receiving more than hal
of all who constitute the roll of the join
assembly is elected.
The Constitution of tho United States
| provides as follows:
The Senate Of the United States shall be com
posed Of two Senators f.om each State chosen By
the Legislature thereof"
And also as follows:
The times, places, and manner OF holding elec
tions for Senators rud Representatives shall be pre-
scribcd In each State by the Legislature thereof
| but the Congress may at any time, by law, max
or alter sucl regulations, except is to the places
| choosing Senators.
Now, as only a State Legislature can
under the Constitution, choose Senator
no regulations" made by act of Con
grcss can vest that power in one brancl
OF n State Legislature. The act of 1856
recognizes this in requiring that tn
election ofSenators be by joint assemble
Of the Legislatures. 1t is rather diflicul
to find any meaning in those words G
the act which seem to vest the power G
elect in mere majority of all til
members of IT, joint assembly.
The point attempted to be made by
Democratic member at Albany, that be
carse valid ballot was not had on Satul
day last, therefore no election on n late
day would be lawful is altogether to
,ttcnuntcd. No Senator will be denie
his seat on any such ground as that. Tn
Constitution itself stands guard agains
tie enactment of any regulations
whereby a "State, without its consen
shall be deprived of its equal suffrage i
the Senate" True it is that each Hous
is by the Constitution made the judge {
the elections, returns, and qualification
of its own members; but even the Boul
bons draw the line somewhere as to wha
they may Go in f;rtherance of part
schemes.
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\ Warning Against Party Treason.
lhe United States Senate now consist
of thirty-seven Democrats, thirty-five Re
publicans, and two Independents. Th