The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-08-15

u construction commended for In the argument for
III 10 correct it would follow as logical sstshds
House of Representatives, which ID the number II
W s,ubers constitutes majority Of all the members
;.d n both houses, is competent to elect Senator
e.e. participation by the Senate; aud, ind9Sd, With
ambers of the House present and voting and no me
10 Senate and 26 cast for indfviddM (baa.
p ss ,ao;ortv of sly would elect Senator Would II W
3od nv anv one that such an election would Be ftA
;no Of Senator by the Legislature, as required 81
the Constitution?
+ hos been suggested but do not think it has evsr
oronsv commended that section Of Article ST ffa
cSsttutiop of the United States which provids tkat
H. Times. Places and Manner of holding EfectioifiS for
ta and Representatives shall be prescfi6gf III ech
tote nv the Legislature thereof but the Congress NAV M
time by law make alter such Regulations except s
he paces of chusng Senator's; permits Congress to
dnt from the requirement of paragraph I, section s.
.e T. which designates the body authorized to elect
Senator. The regulations of the time place and manner
i eacting Senator given in the first place. to the
States with the right of Congress to make Or alter such
,guaons in authorizing Congress to change the
hv or substitute any other body organization, with
rower to elect Congress has not been delegated any
1er to create an assembly other than the Legislature
&, uch purpose The words "manner" and regulations
.re not susceptible of such a construction.
tits contended in the argument for Mr. Call that the
nsructon of the statute upon which the claim of his cleo
ton based sustained by the Senate in numerous pre-
cdens will take up the which appear to have
bearing upon this investigation.
The first is the case of Mr. Harlan from Iowa Mats
Senate Election Cases. 1867 which is directly in point with
remarkable similarity to numbers and decided
upon the identical issue herein involved.
After several Intellectual ballots the joint convention of
Iowa. as termed January 5th 1856, adjourned
until 10 o'clock day The Senate met at o'clock
January 6th and adjourned until January 9Th It
did not proceed to the hall of the House body though
Is members of the Senate attended he whole body Of
the Senate 3 There present majority of the
House and minority of the Senate-a quorum Of one and
not quorum of the other The roll was called and ma
iority of the members of both houses not majority Of
each branch, answered to their The Speaker de-
cared that the joint assembly regularly organized &C
cordng to its dournmen and proceeded to vote for
United States Senator Mr. Harlan received 50 and
was declared elected
lquOe from the pertinent argument of Mr. Bayard in
the Senate this follows "On this state Of facts
hequeton which suppose to arise u.s. whether tile Legs-
aure of State, under the language of the Federal Con-
stuon deegatng the Legislature the right to elect
Senators Of the United States is to be taken to mean the
individual members of the Legislature tile body or
bodies of which the Legislature composed. suppose
cH DIS uScu Ill the CONSTITUTION means the OOOlcS OF
which the Legislature composed The honorable Senator
from Georgia. if appreciate his argument insists that the
being delegated to the Legislature vested in the
members of the Legislature, and that whenever majority
Of the members Of the whole Legislature, Under law
that existing in Iowa, for man. he elected though
OF the coordinate branches of that Legislature may
vote for him, and may body refuse 90 into cleo
non Sir, hold it to be principle Of law which has,
amk no exception that where two integral bodies
ozed to do act be done without the consent
those two integral bodies They must both present and
ACT IN the matter, there be validity in the act
oone' This is universal law. cali to mind
Snele contrary principle prevails whether relating to
saVe action or corporate action. Indeed in refer
ence to corporations it has been decided over and
again that where there two integral Bodies who
concur In an act they must both be present and act upon
VIC matter as bodies, not as individuals"
was held by the Senate in accord with the report Of
e judiciary Committee, that Mr. Harlan was not entitled
to his seat
argued that this does not apply to the CUES
o. Mr. Calls election because it was determined BY Che
snae before the passage of the act Of 1855 Such oonen-
ignores the fact that the law of Iowa, under which
sn attempted election held, was substantially the
e those provisions of the act of Congress- in accord
win which it is claimed Mr. Call was elected The
nfo IL.