New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-30

to appoint IN Sucn CdscS 40 ""'N 49,,
the representation from Montana "!o"'"s
and Washington. But il that authority Is io'
conceded as a just implication OF the law 'ae
State is left without its equal suffrage III INC
Senate. and that. the Constitution declares
sball never occur without the States consent.
I, il arrued that this consent is given wnen the
Legislature voluntarily declines or omits 10
elect but no such meaning was intended by the
Constitution. IL was speaking OF the method
of making amendments to its provisions. anu
what it plainly intended by this sentence was
that the basis of equal representation IN the
MINOR house of Congress should never be as
turbcd so long rs any state objected. IL did
mot mean that a State might voluntarily reiuse
to send representatives to Congress. lha'
question has been passed upon by the supreme
Court. and Congress has enacted laws providing
AGAINST any failure On the part OF STATE 10
send its representation to the Federal Capltai'
L. will he not only strict but narrow con-
struction of tho Constitution which rejects the
credentials of Mcssrs. Mantle, Beckwith and
Allen. The founders of the Government dld
not contemplate the failure of Legislature 10
aprce upon n candidate for Senator, and the
fnct that we have passed through century
without such an incident occurring until now
sufficiently excuses them for having failed to
do so but they did provide for every exIsency
reasonably to be anticipated, and. the provision
they made was appointment by the Governor.
and they did provide, too, that no state shouid
be deprived OF its equal suffrage. In the aD-
sence of precedent the Senate must make
one. and certainly it should be the one when
does oven Justice and which is fair ana rea-
sonable construction. of the supreme law. III
his exceedingly able argument before the com
mittee Mr.. Mantle. the appolntee from MOI
tana. drew the committees attention to the
present condition of parties in the West. lie
pointed ont that the public was divided there
into three distinct political organizations, that
if was likely to remain so divided Tor some
time. and that such divisions were always pos
sible. lie argued that to require an election
of Senator by a Legislature under penalty OF
leaving the State unIcprescntcd would nave
the necessary effect Of driving legislators from
tneir allegiance to the party OF their choice, ana
of compeipg combinations between parties
which were offensive to the sentiment OF the
electors by whose act at the polls the Legs
latures had been constituted. Mr.. Mamie WIS
right in this suggestion. and right in saying
that the situation it contemplated should be
ave ided. If the people choose to elect Legs
lature in which no party has distinct ma.
iorty. il must be assumed that they have good
reasons for their action, and the members
elected t. represent their principles should De
allowed to represent them faithfully, without
the fear Of placing their State in an unfortunate
rosiiiou in the Federal Senate. Combinations
such II, this penalty would invite arc dernofa'iz-
ing. Il is therefore 10 be hoped on all public
grounds that the appointed Senators Will re-
cevc their seats.