New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-09-30
ADMISSION or .SEN1TORS

The Constitution is the supreme law of the
| land. This fact seems to be forgotten 10y some
Democrats, who imagine that the Constitution
OF the United States has been set aside by
merely technical provision of an act of Con-
gress. 1t has been suggested that Republican
Senators might think it their duty to prevent
quorum in the Senate, until the three re-
Gently elected members should be admitted to
seats. 1t is quite possible that no such step
will be requisite. The Democrats may consent
to the election of Republican President pro
tenn on condition that they may be permitted
To name certain other officers of the Senate
part of the Democratic members may be alb
sent at the opening of the session. II may
seem best to some Democrats not to strive for
a measure of control which, in the present
political division of the Senate, they could NOT
hope to retain. But the fact remains that the
Republicans can prevent organization, if
they think it best, until the members recently
elected have been admitted to seats Naturally. it
will be asked how these members can Ice adj
united before the Senate has been organized.
At this point the question arises whether
the Constitution is the supreme law of the land,
or the laws passed by Congress and the rules
prescribed by the Senate.
The Constitution of the United States con-
tanned two provisions which its trainers re-
garded as so important and sacred that they
expressly provided against disturbance of
them by amendment. One related to the inn
portatlon OF slaves and the levying of direct
taxes. The other reads, "that no State. with
out its consent, shall be deprived of it's equal
suffrage in the Senate" The State of New
York, by its lawfully-elected Senator'S
demands otis equal suffrage in the
Senate" not at some future time,
when the most important business of the
special session shall have been CONNECTED. hpt
when that business is to be transacted But ,
law provides, 1t is answered, that "the oath Of
Office shall be administered by the President of
the Senate to each Senator who shall herca eter
be elected, previous to his taking his scat"
This act OF 1883 was not intended to depriye
any State OF Its equal suffrage in the Senate"
Tor IL was based upon the assumption that there
would always be a President OF the Senate. So
long as the law led to no violation of Consti-
tntional provisions, 1t was proper unobjection-
aoie ana OF undoubted validity. Butt happens
now that there is no President of the SENATE.
In that case, which shall be obeyed-the Con-
stitution or the law7
Those who insist that the law must be held
supreme at all hazards give to any person who
may be President of the Senate "A power which.
we believe, the Constitution was never in.
tended to lodge in the hands of any
man. Let it be supposed that Demo
cratic President has been elected. and
that he fatty refuses to administer
the oath to the duly elected members
from New York. To test the question Iet il
be supposed that the Senate is equally Divided
so that no motion to require him to perform
his duty or to GUST him can prevail Is there
then no remedy Can the State of New
York be indefinitely DISTINGUISHED at tba
pleasure of one mani
Ii this law stands supreme in such q case. II
rules in all cases. AT the first session of , pou,
Congress, twenty Senators-elect are stand
ing at the door, waiting TO be sworn in. Rnt
thirteen Senator's including the President of
the Senate, let 1t be supposed, have gone tn
the bottom with steamer There is not =
quorum present, within the chamber, and thero
Is no President to swear the newly-electod
members. The Senators who are present not
being quorum, cannot elect a President. and
the duly elected Senators cannot vote tn mako
quorum until they have taken the oath
VIII IL be seriously contended that in such
case Inc senate could never organize at ali
Is ~ not pam that an oath taken before u
provel onlcer 10 administer oaths-before
thc ~ Justice, Tor eXample-w0uld he
Van' INC person before whom the oath
shall be taken Is to be the President of
the Senate, assuming that there is one. and
that he does not wrongfully refuse to perform
his Constitutional duty. But if there is no
President of the Senate, or if he wlfully re-
fuses to perform his duty, is State thereby to
be deprived of its equal suffrage in the
Senateng
Messrs. Miller and Lapham are duly elected
Senators OF the United States Let il he snn.
nnSpu IllaL they nlnca. fLnir