National Republican., 1882-12-25
Two Senators from New Hampshire to be
Elected This Year.
The Reason Of This Anomalous Cond-
ton Of Things
Representative Briggs's Bill TO Prevent Recurrence
Of the Dificulty.
The Candidates Now Figuring I'm This
Double Headed Contest.
Snecidl Letter,


was fully considered by the last legislature.
1t provides, in substance, that the legislature
which meets next June shall elect Senator
Blairs successor, that senator's term expiring
on the third of March, 1885. AS Senator Rol-
lins's term expires on the third of March, 1888,
his,successor must be chosen by that legisa
ture, and thus is presented the anomalous
case of state legislature electing two senators
for their full terms of six years each Mt one
time.
When the last constitutional convention
was held, in 1876 the elections of the state
were changed from annual to biennial, and
the time of those election from March to
November. The sessions of the legislature
were also made biennial, but the date of meet
ing remained the same as before, in the month
of June Elected to that convention were
Hon, William Il. Chandler, Congressman
Briggs, and ex-Congressman Marston, all of
whom have been mentioned as possible can
didates for the senate, besides ex- United
States Senator Daniel Clarke and other dis
tnguished legal lights of the state Mr..
Chandler, however, never qualified, being en-
ragged in Florida at the time watching
the presidential count But the Others
mentioned were present and participated
In the debates. Among the questions con-
sidered was that of changing the time of the
meeting of the legislature. 1t was proposed
to have the sitting in December or January
TO bring its deliberations nearer to the time
of the election of its members. And, strange
as it may seem, in all the debate upon the
question 1t appears never to have occurred to
any one that by continuing the meetings OF
the legislature in June and holding the cleo
tions in November question might arise as
WHICH LEGISLATURE SHOULD ELECT
n United States senator the one organized be-
fore the senatorial term expired or the one
elected.
The United States statutes provide that
the legislature last " chosen before the sena-
torial term expires shall fill the vacancy thus
created. The question at once arises as to
the construction of the word chosen" To
illustrate Senator Rollins's term expires on
the third of March, 1888. The legislature
that will have legal existence at that time
was elected in November, l5oo, but ala not
aualify until June, 1881. II is, therefore, the
legislature that for three months after his
term expires would be called together in case
of insurrection or any emergency calling for
legislative action. On the other hand, the
legislature last elected was that body whose
members were voted for last month, but which
will not exist as legislative body until the
first Wednesday of June, 1888.
At the last session of the legislature in June,
1881, the position was taken by Senator Rol-
Inns and other republicans that his successor
should be chosen at that time, arguing that
as the constitution never contemplated state
to be without full representation in thesenate
and as the appointing power of the governor
was only intended to apply in cases of vacan-
ces arising by death, resignation, or removal
from Office happening when the legislature
was not in session, the legislature of 1881 was
the legislature within the meaning OF the
statute "last chosen" before the expiration
of the senatorial term. The debates in the
United States senate which is the final judge
of the election and qualifications Of its mem-
bers, were cited to support this,view, wherein
Senators Edmunds, Conkling Beck and other
constitutional lawyers Of that body expressed
the opinion that it was not only the right but
the duty of the legislature OF 1851 TO elect
Senator Rollins's successor.
The opponents of an election, prominent
among whom were Secretary Chandler, eX-
Congressman Marston and Stevens, and EX-
Gov. Hartman, all of whom were members
of the legislature, took the position that
the meaning of the words
"cHosEN" AND ELECTED"
were synonymous, and that the legislature of
1881 was not the last legislature chosen " be-
fore the expiration of Senator Rollins's term
ofohice They also contended that if the
legislature of 1881 elected his successor,
senator would be elected one year and nine
months before he could take his seat, an ac-
tion unwise if not unprecedented. The
question was considered by both republicans
and democrats in legislative caucus. The
discussion in the republican was long
and earnest, and, when a vote was
reached, the advocates of an election
had large majority. The opponents Of an
election took the ground that this WAS not
party question, and therefore caucus action
was NOT binding The contest was then trans
ferred to the legislature itself The demo-
Gratis having nothing to gain by voting in
favor of an election, resolved to oppose it.
While the debate was proceeding in the house
the senate called upon the supreme court of
the state for its opinion as to the legality OF
an election, and in answer to that call the
court composed of four republicans and three
democrats, gave its opinion, six to one, that
it was legal to elect. Judge Blodgett ex-
pressed no opinion, The senate accordingly
voted for a United States senator, notified the
house of its action, and OF its readiness to
meet it in joint convention. But the house,
after a long debate, by a majority, composed
of all the democratic and one-third of the
republican members, decided to postpone the
subject to the next legislature. The contest
was remarkable in one thing, If nothing else
it was the only instance on record where the
democratic party has followed the leadership
. of Hon. William E. Chandler, who has proba
bly, nowhere been more unjustly abused by
their press and party orators than in the state
of New Hampshire.
THE SAME QUESTION WILL ARISE
next June as to the right of the legislature
of 1888 to elect Senator Blair's successor as
Senator Blair will stand in relatively the
same position to that legislature that Senator
Rollins did to its predecessor, Hence the in
terest in the bill now before congress, All
of our congressman are supposed to be in IA
vor of the election of both senators by the
next legislature, and whether action is taken
on that bill or not, il is quite probable that
majority of the legislature will be found to
be of that way of thinking But If the ques-
tiOn is settled by congress, either by the pass
age of some bill similar to this now before
that body OF by the senate deciding that no
such action was necessary, as the legislature
already had the right, the question would be
divested of all doubt, and the legislature
could then settle down at once to the decision
of who the senators would be,
The introduction of this bill has given rise
10 the usual amount of speculation in demo-
cratic papers
AS To CANDIDATES
and probable and improbable alliances be-
tween those who are aspiring for a seat in the
senate But the silliest of all rumorS is the
report that Chandler and Rollins are at log
gerheads as to which shall be elected to the
latters seat in the senate. They have always
worked together in harmony, and not even
Chandler's action in defeating an election
of senator at the last session seems to
have offended Rollins, for when Chandler
was a candidate for secretary of the
navy no one worked harder than Rollins
to secure his confirmation in the senate,
and Chandler, with all his reputed sins
of omission or commission, has never been
accused 1t home or abroad of the sin Of in
gratitude. Within a month there appeared
Ia the Grdnita MORtkly a magazine published