The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-06-03

sentatives, proceeded to cause the secreta-
ries of the senate and house of represents
tives to call the respective rolls of said
senate and house of representatives; that
in call of the roll of the senate, fifteen
senators being present, answered ID their
names, and that on a call Of the roll of the
house of representatives thirty.nine men,
bers answered to their names that when
the result of the call of the rolls was an
nounced, the president of the senate an
nounced that majority of all the members
elected to the legislature were present, and
that quorum of the joint assembly was
present in joint session, and asked what was
the pleasure ofthe joint assembly;that there.
upon it was moved that the joint assem-.
bly, proceed to vote for a United States
senator, which motion was entertained
by the president of the senate and a call
of the rolls of the senate and house
of representatives directed by him; that
fourteen senator's only voted, and
thirty-eight members of the house
of representatives voted, of which
number fourteen members of the senate,
and thirty-seven members of the house
of repres entatives, making a total of
fifty-on voted for Wilkinson Call, and
one member of the house of representa-
tives voted for Mr.. D. H. Mays, and one
senator was paired, and did not vote;
that thereupOn the president of the sem
ate announced Wilkinson Call elected to
the senate as hereinfore stated.
Now, the undersigned most humbly
protest, that under the act of congress
providing for The election of United States
senators, no one was elected senator by the
action above described, that there was not
quorum Of the senate, which consists of
thirty-two members, present and voting
on the said occasion, and that there was
no quorum of both houses of the legisla-
ture present and voting, in the sense of the
said act OF congress that when the said
act speaks of "bOth houses" and each
house., it can only mean an organized
house-a house having quorum, as any
number less than quorum cannot be a
house of the legislature.
Further more, we contend that under
the constitution of the United States each
session of the senate is the sole Judge of
the qualification, election and returns of its
own members; that whatever any other
session of the senate may have heretofore
done, cannot be urged as binding on those
sessions which may hereafter meet, in the
sense that they are legal precedents. This
Is political question and whatever pre-
cedents are cited are political presidents,
and cannot be urged against the letter and
spirit of the constitution of the United
States, which epjOins that "the senate of the
United States shall be composed of two
senators from each state, chosen By the legis-
ldture thereof" Paragraph. 1 Sec
ton 8, Constitution of the United
States. The legislature of state cannot
be any other thing than the Or
.anized house, and the organized
senate; and in the opinion of
eminent commentators on the constitu-
ton, this meaning of this term, legislature,
is the one contended for by your petition
ers. McCrary on Elections, section 115.
1t is not doubted that the exigencies Of
party politics have sometimes deviated
| from this plain meaning of the constitu-
| ton. There is no rule so sacred which
has not thus suffered, under the pressure
of party bias and party necessity, Or as
the result of peculiar circumstances suf-
ticien'ly important to persuade the minds
of senators to lax view of this section
of the constitution. 1t is for this reason
| that precedents in such matters should
have little or no weight, and the plain
meaning and spirit of the constitution
should prevail.
We, therefore, pray your excellency to
take knowledge OF these facts, notwith-
standing any certificate or statement which
| may be made by the president OF the SEN
ate, and tina. your excellency will not issue
certificate of election to the said Wilkin-
son Call rs q senator from Florida, mas
much as we think that he has not been
| legally elected 10 said Office.
All Of which is respectfully submitted.
MEMBERS OF HOUSE:
John NJ Jenkins, F. Whitner,
T. w. Shine, Chas Dougherty,
w. A. Hooker, Fl. G. McRae,
S. NJ. Robertson. r. D. Coulter,
| j. B. Vaughn, S. E. Sparkman,
K. 7. Young, H. F. Atkinson,
A. s. Mann, J. +. Richbourg,
| Sgd L. Cal ter, Theo. Turnbull,
E. K. Hollinger, G. Beville,
Beverly Baker, W. B. High,
S. 81. Bitch, j. w. Trammell,
Walton Whitehurst w. D. Mann.
A. McSwa:ne.
SENATORS.
Fred. T. Myers. John Brett,
E NJ. Hammond, W. Fl. Bristol,
j. F. Baya, w. A. Drake,
B. F. Kirk, q. King,
W. w. Farmer, J. j. johnson,
j. B. Wall, W. J. Borden,
r. F. Rogers, J. II. McKinne.
John Wilkinson.