The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-02-01

framed them, bnt it depends upon the words
of the Constitution which actually created
body, two-thirds of which is always in ex-
istence and capable of any action whicn
may be required: but that this
was the intention of the trainers
is stated in the debates of both conventions.
The same words are used in creating both
bodies, and the same arguments are used
and reasons given for doing so. The fact
that the Senate is a part of the appointing
power is stated by Mr.. Ten Eyck IN the
New Jersey convention as his reason Tor
making it a permanent body. The same
reason is given by Luther Martin the the
National convention.
COMPARISONS.
Let us compare for moment the debates
in the constitutional conventions
Notes from debates on the Federal Con-
stitutionn by Elliot, vol. ].
Luther Martins letter on the Federal Con-
stitution of 1851 and the General Informa-
tion, delivered to the Legislature of the State
of Maryland, relative to the proceedings OF
the General Convention, held at Philadelphia
in 17s7, by Luther Martin, Esq, Attorney
General of Maryland and one OF the dele
gates in the said convention; page 36l, COM
mencing ON line 81.
1.-The Senate, Sir, is so constituted that
they are not only to compose one branch OF
the Legislature by the second section OF the
council for the President. Hence it will be
necessary that they should be in great
measure a permanent body constantly re-
siding at the seat of Government
Yates Minutes of the Secret Debates of
the Federal Convention of 1TS7.
Debates on motion "That the National
Legislature shall have the power of negatlv-
ing all laws to be passed by the State Legis-
lature which they may judge improper"
Mr.. Madison:-ssI confess it is not without
its difficulties on many accounts
May not this power be useless in the Sena-
torial branchg This will probably be always
sitting Yates minutes, page 49, -
| Debate Of motion by Mr.. Read:-NThat
the term Of nine years be inserted in trien-
NAL rotation. Mr.. Madison The
Senate therefore, ought to be this body;
and, to answer these purposes, there ought
to be permanency and stability
Mr.. rman:-'sThe two objects OF this
body are permanency and safety TO tnose
who are to be governed"
Mr. Wilson 1.-THE motion is now for nine
wears, and a triennial rotation. Every ma
tion attends to its foreign intercourse; TO
support its commerce; to prevent foreign
contempt and to make war or peace. Our
Senate will be possessed of these powers and
therefore ought to be digniied aud perma-
nent.
CONSTITUTIONAL CONVENTION.
1874, contains the following report OF the
discussion which ensued on the adoption OF
the report on legislative power from the
committee of the convention
ssMr. Dickerson hoped the motion would
prevail as he saw no good reason for the
change from the practice at all. There was
no necessity of making the term of the House
different from the other He was not in
favor of giving more Importance to one
branch of the Legislature than to the other.
ssMr. Ten Eyck said he would vote against
the section, inasmuch as the appointing
power was now vested in the Senate. He
had voted for this section in the Committee
of the Whole but as the appointing power
had not been changed to the Joint Meeting,
as he had hoped, he would now vote against
ssMr. Pickel was in favor of the amend
ment and insisted that if the popular voice
could be heard it would be decidedly in fa-
yor of annual ele ctions.
ssMr. Vroom thought it was strange that
there there should now be this difficulty.
Who are the Justices of the Supreme Court,
the Governor, the Justices of the Common
Pleas. and why not as well have them elected
annually? The object of this section was
to acquire some stability in the legislative
power, and it would be incorrect in princi-
pal and theory to have no cheek on tnls
power.
'sMr. Ewing was in favor of having the
representatives responsible to the people at
shortfntervals If these Senators should
perform their duty as to appointments un-
faithfully and they should remain in office in
spite of the people, it would bring about
state of feeling and discomfort never before
witnessed. 1t was very different case with
the Judiciary. They ought to have a
longer tenure of Office, to render them
free and independent of any local contin-
gencies This was a feature drawn from
aristocratic times, one which the people, he
was sure, were not prepared to approve. If
been assigned to them, we might have felt
different, but, as it was, he hoped the amend-
ment would prevail.
stMr. Parker said it was wrong idea that
the people would only elect their Senators
every three years. 1t was not so, but one
third of the Senate was to be elected annual
ly. and the people at all times could correct
any abuse, by changing the third of the
Senate, as it was not likely they would be
unanimous on any one subject. It was very
desirable to have stability in the legislation,
and this plan of modelling the Senate would
have it.
1.-THE amendment was rejected, yeas %,
nays 80, as follows:-
ssYeas-Cassady, Dickerson, Edsall, Ewing,
Fort, Hibbler, Holmes, Jacques, P. B. Ken
nedy, Laird, Lambert, Marsh, Naar, Neigh
bour Pickel, Pitney, Swain, Ten Eyck, Van
Arsdale, Westervelt, Wills and Wood-22.
s'Nays-Bell, Brown, Childs, Clark, Con-
dit, Connolly, Elmer, Field, Gilchrist,
Green, Haight, Halsted, Hornblower, R. S.
Kennedy, Nickel, Ogden, Parker, Parsons,
Randolph, Ryerson, Schenck, Sickler, Sites,
]. R. Thomson, r. P. Thompson, Vroom
Williamson, President) Werts, (Vice-Presi-
dent Zabriskie-30."
The Executive Journal of August a.
1889, shows that President Washington some
times met the Senate in executive session to
seek their advice and consent; that it was his
privilege to be in attendance when his nomi-
nations were being considered is clearly
shown by rule 36, in regard to executive ses-
sions. (See Executive Journal" August a.
1882
PRACTICE OF THE UNITED STATES SENATES
The practice in the United States Senate is
to present the credentials of new Senators as
soon as they are elected, and this is usually
done at the session before they take their
seats, although new Congress may come in
on the 4th of March.
The Congressional Globe of 1869 shows
that Mr. Stocktons credentials, when he
was elected the second time to take his seat
from the 4th of March, were presented in
the middle of February, by his predecessor,
Mr.. Frelinghuysen, and all the new mem
bers whose credentials had been presented
were called upon by the President of the
Senate to come forward and take the reqllis-
tie OATH
It is therefore question that does not ad-
nit of dispute that the Senate of the United
States is q continuous body with organized
hold-over members, and that that was a con-
struction of the constitutional clause Great
ing the Senate before the Constitution of
New Jersey was framed, That this was well
known to the learned lawyers VINO were en-
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