The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-07-13

The ExseaIiye = PpBInI nisII of ssnAtois.
In the event Of the failure Of the New
Hampshire Legislature to elect successor
10 United States Senator Rollins-and this
is not entirely improbable, unless the en-.
try Of Secretary Chandler shall break the
dead.lOck-will the Governor appoint, aud
would the Senate seat his appointment
These qusstioas are attracting attention
in New Hampshire aud elsewhere. A cor
respondent Of the Springfield R,piiblieuH,
writing from the seat Of war, says the pre-
cedenls Of the National Senate are under.
stood 10 be against il;" but he cites enc.
Gary on Elections, (which refers lotne case
Of Charles II, Bell, in the Fory.sixth Con-
gress, and this, too, vas New Hampshire
case.
The action in this case, Gays McCrary,
"may now be regarded as the Law of the
senate." Tiers is very little doubt that
the Governor will appoint il the Legisla-
ture fail to eltct-lt is thought he will ap.
point Mr. Rollins, incumbent aud caucus
candidate-and it will be interesting to
note briefly the action Of the Senate In
Bells case, and the reasons on which 1t
was based. Those who arc disposed TO
follow the matter at full length will ind it
recorded in the Congregational EecOfdA Forty
sixth Congress, fiat session, beginning on
page lSI, where tue maj grlty aud minority
reports are given. The minority report
will suffice for our present purpose, because
that was adopted Us the sense OF the Senate.
A new Constitution had goue into effect
in New Hampshire, under which LsGis.
lature had been chosen in November 1873
fora term TO begin in June 1870. tbs
term ex-senator wadleigh expired March
4, 1879. The new Legislature could not
elect before It's term bssan, the old could
not elect because Il was not the inst Ltgis-
lalute chosen before the expiration Of
Senator wadleigh's term. The Governor
Of New Hampshire appointed Charles Ii.
Bell March Is, 1878, 10 hold the seat until
the next meeting Of the L Gislalure. The
Constitution says; "Ii vacancies happen
byresignation or otherwise, during the
recess Of the legislature Of any SEate, the
executive thereof maymake Temporary ap'
pointmens until the next meeting Of the
Legislature, which shall then fill such
vacancies"
The question before the Senate was
whether vacancy had happened Dy
resignation or otherwise within the
meaning Of the Constitution, which
would authorize the Governor to act
The majority report, an able dOcu-
ment, slgned by five Democrats, took id.
rene ground and declared that Mr.. Bell
was mot entitled TO a seat us q Senator by
virtue Of the appointment by the executive
Of New Hampshire" senator HOI, Of
Massachusetts,, presented the minority re.
port, signed by himself and Senators
Cameron, Of Wisconsin, and Ingalls,, Of
Kansas. Tho minority report is much
more elaborate than the report Of the
u,io,;tv and LETT very lit,le 10 be said ON
,b,, "a ,b,rgb s,n,,or Uo,r iollorsd
:; ;ra III, .,,h ',' S,s,.oh .nJ ,ba,o ,,., oood
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S.rrrroso n III. Cor.,i,n,i,r n bSya ,ha
500 IN, ,ns S.r.,or.l sIr,v, tn,I ~.
,DI.osi,v S.l5 ,b,,. C,,,rs,, he. ora , II.
Al III. oribo,i,v a., ,Ls, M t,iIrrs =,
si,hs, br,U.E 9TH, I s,i,l.,,,o NAV tn,o,
mn, Tho s,S,s,s ,snysscnts,Ion in ia ssr.