The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-01-16
the Governor returned and reported that
theV had done so.

the Governor returned and reported that
| they had done so.
THE CONSTITUTION
What is the Senate of the State can only
be determined by reference to the constitu-
ton. Article 4, section l, provides that the
legislative power shall be vested i'll a Senate
and General Assembly. and in paragraph
of the same section it is provided that mem
bers of the Senate and General Assembly
shall be elected yearly and every year, and
on the first Tuesday after the first Monday
in November: and that the two Houses shall
meet separately on the second Tuesday in
January nexhafter the said day of election,
at which TIM of meeting the legislative year
shall commences; but the time OF holding
such election may be altered by the Legisla-
ture."
Section second provides that "The Senate
shall be composed of one Senator from each
county in the State elected by the legal
voters of the counties, respectively. for three
years.
Section four provides that Each House
shall direct writs of election for supplying
vacancies, occasioned by death, resignation,
or otherwise; but if vacancies occur during
the recess of the Legislature, the wrlts may
be issued by the Governor, under such regu-
lations as may be prescribed by law"
Section six provides that "No bill or joint
resolution shall pass unless there be ma
jority of all the members OF each body per,
sonally present and agreeing thereto; ana
the yeas and nays of the members voting on
such final passage shall be entered on the
Journal.
The provisions of the constitution of 1874,
SO far as they concern the creation, organl-
zation and powers of the Senate are mani
testify copied from the Constitution OF the
United States In fact the words are pre-
H.. cfra al
rendered necessary by reason of the differ
ence in the terms for which Senators are
chosen and the body of electors Both
bodies are made continuous bodies and are
always in existence.
CONTINUOUS SENATE.
This creates a continuous body and there
ALWAYS exists Senate capable of doing busi-
ness because there is always majority of
the entire Senate, and moreover there is al
ways the constitutional number required to
pass BILL If there should be some mistake
in the manner or time of election, or it should
happen that no one of the third who are
to be elected to fill the Office of any par
ticular year. should be constitntionally quail
fed to take his seat, the existing Senate
could proceed to business and direct writs OF
election supplying vacancies.
Mr.. Cushing in his treatise entitled Law
and Practice of Legislative Assemblies" sec
ton 2S2, thus describes the status and con-
tinuancy of the Senate of the nited States:-
The Senate of the United States, though it
constitutes branch of each SUGGESTING Com
gress and its sessions are held periodically
and correspon d with those of the Honss of Rep
resentatives, is continuous and permanent
body. was organized under the Constitution
W hen that instrument first went into operation
In 1859, and has continued its operation ever
since.
Vice President OF the United States, BY virtue of
his office, and in his absence, one of the Sem
ators chosen temporarily; and the former rettr-
Jog from the Senate towards the end OF eacn
Congress in order that his place may be sup
piled by the choice OF a temporary President;
the consequence is, that at the commencemelt 1T
of each Congress there. IS presiding
officers of the Senate. already In office, ready
to produce at once with his duties as sdch, and
without any further authority ;from the Senate
The Secretary and other officers of this branch
chosen. There IS 40 necessity. therefore, at the
commencement of each Congress for an organ
ization of the Senate OF the United States in the
ordinary sense of that term. In these points
the Senate of the United States bears close
analogy to the House OF Lords.
The Senate itself, by its action, and by the
voice of its ablest members from the earliest
time repudiated the notion that there could
be an old Senate and a new Senate. 1t has
always been insisted that it. was the very
same body constitutionally and in point of
law which has assembled on the first day of
its meeting in 1889; that it existed without
intermission from that day until the present,
and would continue to exist as long as the
Government should !endure.
In the debate which took place in the Sem
ate of the United States, to be found in the
Congressional Globe, volume 8, page 236,
Senator WilliansAllen of Ohio said: There
is no such thing as new Senate known to
the Constitution of this Republic. They
might well speak of a new Supreme
Court as of new Senate"
Senator James Buchanan of Pennsylvania
said:-
Senators had contended that one Senate or
one Congress had no right to elect officers for
their successors; and that therefore, the joint
resolutions plated the Constitution, because it
gave the cleo ion OF a printer Tor the next
Senate to that which had expired on this third
Of March. This was as strange position as
any which had been assumed throughout the
argument. An old Senate and new Senate
There could be no new nt,t.,, senate; rms was aa
in point of law, which was as
sembled on its first day OF meeting
in 1888. 1t had existed without intermission
from that day until the present moment. and
would continue to exist as long as the Govern
meut should endure. 1t was etnphatically
permanent body. Its rules we're permanent,
and were not adopted from Congress to Con-
gress, like those Of the House OF Representa-
tives. For many years after the commence
menr Of the Government its Secretary was q
permanent officer. though our rules now re;
uuired that he should be elected at sta ted
Intervals, The Senate always had
President. and there were always
twothirds of it's actual msnbsrs in existence,
and generally q much greater numosr. 1t
would be useless to elaborate this question.
Every writer, without exception. VINO had
treated on the subject, had declared the Senate
to be permanent body II never dies and it
was the sheet anchor Of the Const tuition, Oh
account Of its permanency.
COUNTING TWO THIRDS.
The journal shows that at the time pre-
scribed and at the customary place, nine
Senators were present: this was over two
thirds of the then existing Senate
| am informed that the custom has been
for the old officers to attend at the organiza-
tion of the session and do their duty until
new ones were selected, and that provision is
annually made for their payment in the in
cidental bill There cannot be doubt but
that it was the duty of the nine Senators to
organize and to proceed to the performance
of such duty as the Constitution imposed
upon them.
Their action was according to the Consti
tuition, according to law and according to the
custom which had always existed, and more
than two-thirds of the existing Senate was
present at the time.
After the choosing of President pro tenn,
there was cali of the Senate, which re-
suited in nine Senators being reported as
present, upon which recess of five minutes
was taken; and on motion of Senator DAILY,
at the expiration of five minutes, the journal
says, under the direction of the President,
the Secretary called the Senate, when the
following Senators appeared and answered
the call numbering thirteen. Ac-
cordingly it was ordered that the thirteen be
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