Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-03-19
rh. power, Of the senate, Sc.

Mr.. MrrcHxrL offered In the United
States Senate the other day . joint resolu-
ton proposing 30 to amend the Federal
Constitution ss to provide that hereafter
United States senator's shall be chosen by
a direct vote Of the people instead Of by
the Legislatures OF the several States. The
question of consideration was at once
ra,sed-that Is, could the Senate at an ex-
tra session, or rather at an executive ses-
sion. engage In legislation or the making
Of lawsf
To answer this question it ought to SUI
fee to quote the language Of the Federal
Constitution itself, which provides that
"sll legislative powers therein granted
shall be vested in o Congress OF the United
States, which shall consist Of q Senate n
House of Representatives"
The Senate appears in the Constitution
in two totally distinct Characters
as o Legislative body, and second. as q part
of the executive department. In order TO
be able to Iegislate the Senate must have
House Of Representatives acting in con-
junction with it. All legislative powers
are granted to ConRress-to the TWO
houses-none OF them to one house. In
point Of fact, there Is now no Congress sit-
ting IN Washington, and consequently no
body that can engage in the WORK Oh ieRis.
lation, The Senate is not the Congress-
Il may be said that in providing that all Q
~islatiye powers shall be vested in Congress,
and then providing that in the President
If the United States shall be vested the
power TO veto all bills sent to him Tor MS
approval or disapproval, the trainers OF the
Constitution seem TO have been somewhat
inconsistent. If it be claimed that one
third of the legislative power IS granted 10
the President when he IS clothed with the
veto mower we answer Not so; for ne
cannot originate legislation. Anyhow, the
President passes upon the work OF the TWO
houses. and the Senate passes upon
treaties, appointments to office, &C., &C.,
made by the President. And we may say
here in passing that whenever a treaty in
order 10 become operative must be passed
upon by the House of Representatives.
the latter body has the right to reject such
treaty.
II the President of the United States
keeps a bill more than ten days 1t becomes
a law ANYHOW. unless the Congress shall
by adjournment prevent its return to that
body. Here the pocket veto" originated.
Here the two departments of the govern
ment are again protected the one from the
action of the other. The Senate can no
more engage ia general legislation in the
absence from the capital of the House OF
Representatives than the President can.
Though, as we have shown, he may seem to
possess one third Of the legislative power
of the government he does not. for he
cannot originate legislation. He must
await the action of Congress. just as the
Senate must await the action of the
House of Representatives in the case OF
revenue bills, which mus. originate IN the
latter house. But we hold that the Presi-
dent has Just as much right to agree be-
~forehand, or in the absence of Congress.
that he will veto or sign such and such
bills as the Senate has to agree before
hand, or in the absence of the House OF
Representatives. that it will pass such aid
such biils-for example, that 1t will pass
Mr.. MIIcHELL's JOINT resolution.
1t was for reasons akin to those set
forth in this article that we contended last
year that Mr.. CALL had not been elected
United States senator from Florida in the
manner provided in the Federal Constitu-
ton. That Constitution requires that
United States senators shall be chosen by
the legislatures of the several States. Mr..
CALL was not chosen by the Legislature of
Florida, but by q body consisting OF a ma
iority of one house and a minority of the
other house. If he was constitutionally
elected, then q minority in either branch
of n State Legislature has a right to per-
form the duties of that body in the alb
| sence of a quorum. United States sena-
! tors must be elected by the legislatures
| of the several States-by organized bodies
| having power to act, not by minorities.
| So Federal laws must be passed by Con-
| gress-by an organized Congress having
| power to act. not by n body.