Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-08-27
United States Senator from Florida.


that the pretended reelection OF Hon.
Wux1rsoN GAIL as United States senator
from Florida was no election at all within
the meaning Of that clause OF the Federal
Constitution which provides that "the
Senate of the United States shall be CON-
posed Of two senators from each State
chosen by the Legislature thereof"
During the current month, Governor
rLxMso. of Florida. has published apam-
phlet containing q long. able, and to our
mind conclusive argument, showing why
be could not conscientiously certify that
MIR. CALL had been constitutionally re-
elected. He felt called upon to justify his
refusal 40 to certify. the law Of the United
States on the subject making 1t the duty
OF the Executive Of tho State from which
any senator has been chosen TO certify his
election under tho zeal Of the State to the
President Of the Senate OF the United
States"
Our contention in the premises has been
short and sweeping. We have maintained
amply the proposition that the pretended
reelection Of Senator CALL was not done
BY the Legislature of Florida at all,
but by members Of the Legislature OF
Florida. The men who claim to have
elected him could as well have done what
they did do without meeting together at
oil as to have done it in a Joint assembly
not of the Legislature Of Florida, but of
persons belonging TO that Legislature.
Governor FLEMING felt IL 10 be incum-
bent upon him to 90 into the merits OF the
case. and he has accordingly done 80. He
begins by reciting the facts which nobody
disputes--namely. that on the day fixed
by law (21st ApriD TO perform that duty
the two houses of the Florida Legislature.
each in its own chamber, voted for
United States Senator, but neither house
cast q majority Of its votes for any one
man. Day after day for more than month
the two houses continued 10 90 through
with this form. But on the 26th of May
the House OF Representatives and
minority Of the Senate met together and
elected. or pretended to elect, MIR. CALL.
He received thirty-seven votes of the
members Of the House present (the whole
number being sixty-eighD and fourteen
votes of the senators present. being less
than o majority of the senators. SO that
though MIR. CALL received majority of
the votes of one House. he received only a
minority of the votes In the other house.
Or, to phrase IL differently, there was
only one house present in the joint
assembly. The body pretending to be the
Senate was nothing but meeting of men,
bers OF the Senate, and could not consti-
tutionally perform any duty imposed by
the Constitution and laws upon the Senate
of Florida. Nobody will contend that
any valid law could have been passed by
the body claiming TO be the Senate of
Florida so long as the claim was set up by
a minority only Of the members Of that
body.
Governor FLEMING quotes authorities to
sustain his contention. This was unneces-
sary. The facts and the law are on his
eide. Heauotcs the Hon. GEORGE McCRERY,
late a United States Circuit Judge and
chairman of the Elections Committee of
the United States House Of Representa-
tives, to prove that an election OF United
States senator to be valid must be par
ticipated IN by both houses of the Legis-
lature "in their organized capacity" 1T
Il not enough that o majority Of the men,
bers of each house should participate.
Much less would an election made as that
in Florida was made be valid.
Governor FLEMING makes one point
which IL in itself conclusive when he says
that il tho construction contended for by
Mr.. CArL's friends be correct, it would fol-
Low az q logical sequence that the House OF
Representatives alone could elect United
States senator. seeing thatas the House is a
much larger body than the Senate. a ma
iority of the members Of the Legislature
might be present and yet not single men,
Der of the Senate be present. In Virginia
we have 100 members of the House Of Dele
gates and only 10 members Of tho Senate.
Seyenty-one members constitute ma
jority on JOINT ballot. In other words, it
would be easy to get II votes for candi-
date without getting one vote from the
Benate. Gould II members Of the Virginia
Legislature elect United States senator
IN the absence Of oil the senators, or even
Of . majority Of them1
We might quote from the numerous au-
thorities cited by Governor FLEMING to
prove that Mr.. CALL was not constitution
ally elected; bet deem II unnecessary to
do 90. The United States Senate will next
winter have before il the whole matter.
The question 10 like those old strict-con-
struction questions which IN former days
marked the debates in the two houses OF
Congress. We have two few strict-con-
structionists now. whether We had too
many then or not. We entertain scarcely
doubt that the United States Senate will
decide this question Alright, though the
ability Of the senators who contend that
Mr.. CALL was constitutionally reelected
Do such that they can almost make the
worse appear the better cause"