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Biddeford Union And Eastern Journal Newspaper Archives Feb 3 1854, Page 1

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Biddeford Union and Eastern Journal (Newspaper) - February 3, 1854, Biddeford, MaineThe i Louis 0. Cowan editor and proprietor. Did deform fill Day tul and Eastern journal is i Busund weekly js10av. Orrick no. 1 Central mock. Jul Deford opposite the Biddeford Sioum. To is of Voo per annul or ii 50 if paid within three month from the True of subscribing. Sin file copies May be Obi used it Thi Sotlich to seals. Price 4 v. B palme tie american newspaper agent is the Only authorised a we it Lor tin Paier in the cities of new York Boston and Philadel phia and i duly empowered to Tuke advert us Cut and subscriptions at the same rates us required by us. Ill of Trei ure a w Yore Tri Bun buildup to Rtuh building n. W. Corner third and Chesnut Street. Marcis Watson Plaier. The Midnight review the following English version of this singularly wild Ballad wus Pii Lili c Niueli is tier to Midnight from i grave i lie drummer woke and r a. And a Tiu the drum Forth on his round he goes. Stirm by Hiarm. Tin Tiftick mrily Lull lie i will lilt loud re Trout Rcv Ciller und Roll Call so Minnif Flor Roll to a dram so k a plur Maud Oki Domitr m their to life try at Ibe Tun j. In to live in Arllier a North still in tin i of Tiu to a Widau and to line burial they quit and m ii to Arm they Maud. And it mid Liv lit from in save the trumpeter Ai i mounted of i Hor a / loud shrill mat be mow. On i by Eui Tryr then in airy Urc huh a ii Adron � i it renowned c pm a Ami Kud 1 it eur. Ili a Atli to Weir Eliw diet their Mant lied Kull smile run mid proud their air a in Leteir in hand tit in i nil nor sword they Benr. And at Blini lit from in to Miltie chief awoke null ii d by Lii. Starlit it slow step Oil lie of. A Little Liat lie Wear a eve the old House and the new House ii y Maky a v " dear me Jain to i do believe thin old House will be Linb in Down on All our Heads before the year is out so i Kef i Anion Lookin woman the Mother of nine children and Uii Stiess of a Liou of .111 Hundred Ollion his crust alter All of Loci had deserted Liim. Or. Appleton looked up Ito coolly and replied " twill Savo a Deal of trouble in pulling it Olowu then and break All our dishes meanwhile besides our a eks returned i Wile a lie swept the fallen fragments Horn the cloth. 1 a i 11 it was safely Down for one. Oil papa to tear it Down this sprint,1 won t you cried Laura and Beu the old of ii and Imp springing to in Side at the word we can live so nicely in the shop you know while the odier Hou e i build ing 4 and then have a Nice in Home " exclaimed Sarah the second daughter. " \ of and this o surly an of l tiling and tied Laura Limpkin disdainfully around her. The other Elul in had Clust i de about the or up by this time every Eye followed sister Lima a and seven tongues uttered in seven different tones such an old thin " child Enn it was grandma who spoke Tai from her Coiner in a voice a Little trem Ulous. Child in its Many a one has t so Good a rut As this to cover this wa4 a slight reproof As kindly taken As it had been Given. It silenced the children however for the moment except a bin who whispered to Laura Brandaia is Uto tas old As the House in t she ? 1 wonder it she Don t Leel bad to to reminded of twin so old m 1 Don t know Whistler cd Laura in re turn a Little thoughtfully. " i thin so. In cry Joni my and sue Couie help pick up Gia Duia a Xou jut Here lie father Laid Down hit news paper wit i an energetic rattling toll Lii his above hit head poke in a torn to Ai Siim i All Van wife and Mot iter i be pretty much made up Ziy mind to build this next season what say ? " u i say by All Means answered the wife but hot words were Harlly distinguishable in the renewed shouts of the Young ones " Good Hurrah a. 14 huh you exclaimed the father. " Well Mother what s your mind about it Iranilda lifted her eyes from the g by tool she was knitting and one tear rolled Down the furrows of her Check. She cleared her Throat and tried to speak cheer fully. " 1 s Poao it Inay As Well be done now As Ever my Mambo its lest so " she said with a nut Olsi Hof resignation. Why Tir Audina to be Aure cried Sarah in a tone of Surprise. To have a new Lious w and you shall have a dear Little new bed room in it added Laura More gently j " a room on the ground floor so that you won t have to keep Guing up and Down stairs to your chamber. 1 saw it in papa a plan and it was marked mothers room " you re Tery kind Jem " Aid old mrs.1 Appleton to iter son Ami flu1 wont knitting on very fast without however seeming much cheered by the Assurance Laura hair Given. As i have sail the Houie was a Hundred years old. It was built 4oon a Ter the settlement of the town of ii., Anion the Hill of the " Granite its Kramer the creat Grandfather of Appleton no doubt thought he had accomplished a mighty Woik when he put up the last co Plooard and took his family hmm their los hut of one room into the unfinished barn like " new disuse of r the old House w i new then lie was poor and could not fit up Hil Shingle Palace within and so his family shivered in it Winter alter Winter until they Mccaine accustomed to cold draughts from cracks and crannies and to Coa s mapping from the wide Apin fire place which sent up heat from the Centre of the Chimney and Drew Down cold air on either bide. Lemuel App non son of the first builder had " revised and improved the Man vion before Bringm to its wide Hearthstone his Voun wife the Grandmamma t la Ter Days. Since then it had undergone Many impairs Ami alterations Beim in Lair it children of useted around die Young couple. Now those child ecu had shown up arid were scattered far Anil wide Over die country All a tit one die Youn scat of All. Who Hel Teicu his Homo chide under the Deravin roof of die old Homestead now i Noi a children had outgrown the Low rooms and narrow stairway. A Mieir Mother thought. Certain la any Mian yer wot d have wondered where beneath that roof so Many a Laxer head. Luud room to in stowed away i Lite. The Day of lilo old House were timbered. On the very morning of which i Hare spoken the father commenced the Woik of Desti petion by removing an old client of drawers Little used that had for Merly been i Laii Mother to into a ii Clie of 44 the shop near by. Bureaus closets and Chii is Tolloti Das Dav after Day went by Widi All such le5ei Ai Tielis As could in spared Kimii daily use. The old House was searched from Arret to Cellai by at least a do in pair of prying Eye As it had never been sea eyed since the Day of its House warming a Hundred years before. To Many discoveries As were made so Ninny lost and Foi Tieti treasures and Trilles As re Vculek themselves in Nook and Clatk Cor ners so Many old letters Ami lockets and Humphry of All kinds As Laura s mama called it did Laura Hoard Awn in her trunk for her own private investigation j lie Days o the old House were Lini had As Well a numbered the last one came. In the Emmin die Beds the trundle bed and , Wen carried into the already crowded lower mom or Trio shop. Hiraml mail rot Kin chair followed nil after Din nor. Jio1 sooty in line plate. I lion ,1liintable was Yoon helped out by Kim u Ami Joseph and the b me was empty. It was not lout Lett of. However for the Toung Appl clone after establishing baby in his shop Quarter Hui Back to can y out a plan which they a i proposal so them selves some weeks Belinte namely to have a urn us carouse by Moonlight in the deserted and doomed old to ii. Nine Over with us lather wont you Askeli Louii a. " no answered the lather leaning his head on his hand As though fatigued. " i Don t Eccl much like it. The spirits of the children Weto too Liliah lowered by Thi reply and Over Alliey pushed headed by master a bin. " Hurrah to shouted As he jumped in. A faint Echo seemed to Louie from All sides of the Kitchen such As he had never noticed when it Hail been tilled. It would al most have frightened Lii i had to been alone bit the glad voices Ami dancing feel of his brothels soon drowned these ech Oes of desolation. Ulicy played 44 hide and seek Blind Man s Bull and " Hunt the danced skipped Sanjy and screamed until the a away Village Bell struck for " nine in voluntarily and looked up fir the clock to strike la it was gone and they knew it was time Lor them Lon too. " let s have a Giand Woodd be Salute " cited Ken. And away they seam pored tip into i lie Hare Chau Thois. 14 Good Bye Good Bye old House they All shouted up variously into every owner a startled mouse sprang out at the sound and shot across tin Loose boards i nit ii . Lla. My. Mun a you wont have your House much longer Hurrah and do in pairs they went. Poll Udell into Lii Street Ami Aero it. Tuu minute later Liaf of them Lav in i Weir a pm the floor whither the other half it util preparing to follow Allex cent Laura Liliee dest she had dallied and laughed with Trio rest Iju to a merrily As any. But the excitement had died away with her the soon est and a " sober second thought made Lier feel that she should like to bid Tiu old House a Dii Lerenia kind of " go Oil Bye so putting a hand Kurchick Over her head she stole across. She was not a Tiiu id girl nor was she afraid of the dark shadows which the Moon beams threw on the striped Walls. I it the Echo of her footsteps solemnized her and jut then a Little noise old had quite startled her. It is the mouse Sho thought How Illy i ant hut she was not suite Satis fied and was standing at the loot of the stairs questioning whether she dared go up when the sounds came nearer and much to her Relief her grandma s snowy Cap meted Down in the Moonlight. M its you is it dear ? " she called kindly. " come up Laura. 4 Why grandma what kept you up so late asked the Cirl in some Surprise. It s hard getting too sleep under a strange Rull sighed the old lady. Laura saw that bar lip quivered and in \ moment Sho thought of All that this old Boquio Mutt bar been to grand mama the Siomo of sixty Loving years. Incr own eyes filled with tears. " dear grandma Lio cried pulling iter arms around tic neck of the Bent old lady indeed Trio now House will be a Den i prettier than this and a great Deal bet Ter for you u i daresay Idanie say Deary. Them 4 a time to break Down and a time to Liti ild up so the Good word says. Hut n t think to hav lived to of it twill soon coins Moriho tenement of Clay " Laura who hut half Undi stood thin lust expulsion stood trying to Climer the old lady who soon permitted Laura to lend iter to the door of iter chamber. She stopped there and turned her head round Onee. Was that Alvi ays your room grandma ? asked Laura As they went out. " Twa my Bride chamber replied the grandmother. " my Good Man your Gluud father that s at rest was born in it and every Onu of i children. They re gone Gono and she fell into a sort of reverie As they walked along to Tho shop. In a Little chamber of that shop five months Afier the Good old lady Lay upon her dying bed. She had faded away from Day to Day so gradually that the younger members of i lie family knew nothing of her danger and the older ones did not realize that their dear Fiield was so Tho an gels. You la be belter to Morrow grandma won t you f " a ked Laura coming up to the bed Side. Father says the plastering is a l hut dry in die Chambers and we can move into the new House in a Day More Oil How glad i shall be you will be so Inheh Mote comfortable than ii Are in this staved up i Rausina had not talked inure for Dewral Days. Still she retained her senses a r feel la and she smiled kindly on her child nurse. Deary Sho spoke with an Colfort in a few a nip its. What grandma Lucia startled by the Lin skies of her voice. Call James she said. Lama ran to. Summon her parents who were Busy in the til till. Iiiviii9 al my my i " what it sran Itna worsens Kedra a Nolton turning Filoiii a carpet Rug Over a Liili Nizio Hail been puzzling her is for Ilie Pant ton minutes Hoar inc. Lii pit Tern never will match buy Briw lean Lix 1 it ,., lil Ami nay. Laura f " Imle Eil i am afraid Soma. She can t hardly Suvak. Ami she looks so Pale. 1 wish j on in come u Well. She Don t talk it Yon know j lint i la conic Riddit Over. Vona lather Lias one an l lie Lames Appleton was already at i Mother bed Miro. Lie raw in a moment that a \ change had come Over her and called his wife and children immediately. She was by in hot of gently and sweetly that there was nothing to terrify. She i smile i As kindly ii Ever i minced around on the startled Little oses and then put out Lier withered hand to each lint Hei speech was idiot gone. She pointed through the window tis her son at her a pics listed her ill iks Armsto the cum House which stood White and glittering in the Sunshine i and feebly Ai tin Latch an other in use then sunk Hack and gently full in o her Long a burst of grief from Little Jemmy broke the silence lie had been grandma s pet and h could not Bear to set her lying of Pale and still. Poor Little fellow lie never had seen death before. His Mother with tears in her own eyes him out and the children followed weeping. One by one. The Lii is evening in the new House was passed very Diller Eully from the eve Ning in the old. That morning the body of j Uran Niama i been lain to rest beside that of the husband she loved in the Church Yard. Sad and tearful the family to turned and the children silently in red themselves in carrying the remains of the furniture to their new Home. With sea icily a thought of Joy. In Nama hid not been a s Eru dreaded tyrant to them. She had been a Listl nurse in Xie Kness. Und Syi Noa a Lii or in Trull be and for this they loved her. Vet. Supper had been eaten without any Woi ils. Trio father sat Down by Tiu now stove in which a lire was soul Denim or it was a Cool evening in autumn. I to children came about Liviu Ami Sarah Laid her curly lion l o i his shoulder. " i Randi iia had Only lived to Homo in to the i ice Houtos Diu exclaimed Segiet i la ii v. Her father pet his arms around her. Iran Dina is better Oil he paid with a Vij h. Father what did he menu by another House asked Joseph in a Low True of Flor i a pause. " not her Jura to win it a 44 that is not a Good As our new House said simple Little plebe. 4 her House is in heaven dear spoke up mama who was rocking the Bav to sleep in 4 grandma s 4 Don t you remember whet it says in my father s i Lionso Are Many mansions iia Dmn we in Lievow a n cd Arutiun woman Ami relic has Ohio to one of those mansion 44 Iran Dina h earthly Bone had Pawn almost As old As our old Homestead added Dames Appleton. " you were Alad Chou h. All of you children when the time came for the Ohl Timber to be torn part. 1 hey had done Good set vice in their Dav. I it you know you were glad to have a bettor Iio Uso. So with your ram Una. She had lived her Dav and Louo All the Pood Sho could do. Iod has shaken Down her 4old House and we have buried it in the crave. Are Jou sorry that Ijo has taken her to a better Libouio t lit brushed away a Mhz s tear Asho end etl. All the children were silent except Little i Hebe who looked up a if puzzled. Will y an a Hare icon Lort in lit a new House of " yet dear. 1 Hope to replied iter father Strokin her head. To must live tue lives a grandma lived and May a Giamma proved it we would to to her lie cannot Ai Ain come to us. Rut it is time for prayer i think. Jemmy must be join to bed. I it Down All of you and i will read the children obeyed and the father read that Sublime chapter in corinthians com mencing Tor we know that if our earthly House of this Tabernacle dissolved to have a bunding of god a House not made with hands eternal in the . 1 shall not wish grandma in our new House again Aid Sarah a she Luid her head on her Pillow that night. No in l. .ii.?. I Pink her Eves Aud Lancing up to Limo Moonlight that dreamed through the in curtained win Dow Laura Knelt Down after Sarah had gone to sleep and prayed that her ural a s now House in heaven might be her s when Trio earthly House of her spi should have Crown old like hers Ami tottered to decay. A pleasant. Hip Jim life the children have lived since then in that 44 new House. My they All n it in a letter Home that never will Row old state legislature. Fhi Dat Jan. 27. Horse. The opinion of Tho by Premroo judicial court upon l questions Pion Onul etl by tin House of wot re i a to the Llou e b the speaker. I d facilitate Tho understanding of the nine by tie Render we precede Tho Inser Tion of the opinion by the statement of fact and que Lions As hey were included in the order of the Cletur. State most of facts. , thru following statement of farts iks to the justices of the supreme judicial court and they Bote ired to give their opinions on the tues Lions appended tie into. Via on the wednesday of january iust., the members elect of the House of i Jere m a italics assembled in tie representatives Hall and a quorum icing pie seut the members were him Ifield. And the House was duly Ofuani de by Tho Chico of a speaker clerk of which organisation Tho governor and codicil and Senate were by older to be info nud by message accor dim to the usual Euston. I Roni an exam Hnatku by Tho governor Ami Council of the Litts of votes returned to the Vilice of the Secretary of state but thirteen senators appealed to be elected leaving vacancies in tie i d. 3j, 4th, .1th, Liili. 11tli, and 1 till Dir its All which appeared by a report accepted by the governor and Council. Trio thirteen Senate Tunis appearing Loik elected assembled in the semite Cham Ber pm the five we Drusda of january cur tent and proceeded to organize by the a Keetion a a presided and Sec let a by Pra tempore alter being Luly qualified of which thu mouse of waa notified by Onetea a. The Secretary of state then Laid upon the table of the the lists of Voies Lor senators which were referred to a commit tee Lor examination. The committee on a subsequent Day re p used the election t the thirteen a members had been declared elected and summoned to appear by the governor and Council and Itti liter reported that vacancies existed in the second and 5th Senato Lial d s ii cts and Mimi the names of the constitutional candidates to lil those vacancies which report was accepted. Hut no report was then or Haa since been made r vote a without reference to other dist Iet. Alter the acceptance of the above named r port a Kcf i own sent to the House of Koj irem ii wives Iuler Minig thu la ouzo that vacancies existed in the second and filth s Fiat ii in districts giving the names of the constitutional candidates to fill the name and Topo Itig n Sci mention to i l said vacancies with the i tolls refused to concur. 11 has been the uniform usage in this state Ednee the Terni Tiou of the Luvern intent to determine and declare All vacancies existing in the Senate on the Day appointed Lor the meeting of the legislature in each year Leforte the members of the i House of representatives and such Sena tors As Hall have Lien elected proceed to elect by joint ballot the number of Sena tors Roqu Icid and then to appoint a convention Lor that Purpo a. In tie year 1817 but eleven senators a to be elected. The senators elect met on the Day appointed elected a l Road Dent Secretary or tempore and the Volt s for senators were Laid on the table committed. The committee subsequently Iep tried w to were elected and also tie whole number of vacancies existing in the Senate and the names of the constitutional candidates to till said vacancies. This rep it was accepted and a menage was sent to Trio in i Tui Niino that Bod that Vaea Leiea eximer a recoil it by tie committee Anil statin the names Ollie candidates la Lill Ilia ilium mul proposing a Lor the Pur Oso of Lilling the same with which proposition the i Louse concurred and the Muuro were tilled accordingly. In the year 1 swi but fifteen senators appealed to be elected and the tame course was taken. Ii kit riots. If. I Ether. In a majority of the whole Nii incr of senators Rei pitied by Law Are elected and the Senate duly organized the to i ions Section article i. Part ctr of the Lei Pizic or contemplate that the a Semiat r Hall determine who Aie elected to u senat is in All the senatorial District the member of the House of i up i tentative and Ucli senators As shall have been Pieete \ Pic cd to elect by joint bal lot the Tiu Zubei of senators required it the const Tuii in dues to require aloes it due result that nil existing vacancies who be r. Eita ined and declared but Oil Prozee Diirr la such election 2d. Whether Tho provisions of that ice lion u to template or authorize a convention in the Lii to instance. Lor the purpose of Fdl in a Pat by of the Lac antics existing in the Senate on the first wednesday of Janu i \ � 3d. Whether a senator elected by the a Ciunci the Lluu a of pc preventatives such senator As Liall have been elect to Lill it vacancy exiting on the list wednesday of january i entitled to Vole in a n held Lort up ipos of Lill other vacancies in the Senate existing on said fir to wednesday of january v 4th. When less than a majority of the whole number of senators required by Law appear. By the Jit returned to Tho of Foo of seer Tail of Tato to be elected can Huici Bentoi i is than a majority Conati into " lilo shinto in the in e a Liili that term in de in Ali Constitution ? can i Clil Cna Toi be � than a majority Cher Ciso tier co wow. Or pc torni All. Or any part of Tho Liilie Dov Olvid upon " the Genaio " by foe. Buit. 4. Pit 2d, of Tho constitutions to what part f Gin mob senator ice than a t , dec Ido on the locality of election return Afi shown by thu list in turned to Tho Uoc rotary g office receive of ii Miro a election other Livau is contained in Mic ii Litand determine Fleetion upon Kunii evidence ? can they Declaro vacancies in to Senate and determine who no con Titu Iorizi Candida text to us on what i / oth. When the House of Baa Heel duly organized a minority Only of Tho whole number of senator required by Law appear to be elected can the member of the House and a minority of such senators us appear to Boole Ted Loyal by form a convention for filling vacancies in tie Senate nil of such senators being duly notified but a majority refusing to act ? or cml that copy Hereof tinned by the speaker and attested by the clerk of this mouse be communicated forthwith and by the most expeditions Mode to each of the justices of the supreme judicial court and an answer to the requested at the Carliest non sible moment i inulin or tip St in pc Coit. % the . Jul ii a of Lii sit Preuc judicial 0 a present the following observations and in Sweiti to communicate their opinions and some of the reasons therefor in obedience to nil order of Thel mouse of representatives passed on Jan uary 18, 18. J the Constitution provides that " the legislative Power shall be vested in two distinct branches a mouse of and a Senate cach to Hare a mtg Alivo on the in Roveal sections the words each House " Nie used to a i uate the respective branches. In others the word 14 Senate v is used to designate the Biauchi o Duomi rated. No term is found to be lined in the Constitution other than Senate or mouse of mouse of representatives to de cube or designate those branches when less than a jul Oisin of Einheit is present. When so compos a the Senate is Desi at cil try hit word House in Marucie Lour. Privi Lii Rel mid Section three four five util .v and i Nuth ii cd to exercise certain of lie Powers conf Icid upon the Senate by those sections. By tin ird Section in May Ivhon so composed adjourn Lioni Day to Day Corn Pel Llie Allcut Daucik of absent i inn Beis provide the manner in which their at Tendance Liall to procured. And preset ibo Llie penalties under which Fiey full Boru quire to null Mel. Ily the Fui Nili Section it May when so to if Mcm Bei for Dijou Ler july behaviour. If such Weie not Llie True j construction it could not protect it Wolf. To to in a condition to Pei Foint duties required of i when i composed. I5y thet lib a action it is required when i composed a Well As at other times to keep a journal fits Pic ceding. Hyllie sixth action it May alien of composed Punili u per on not a member lib i s Pic cedi or assaulting or Abu ing any t it inem Bei Lor aug la ii i or done in Llie Senate this construe Tion is almost necessary for it Protection and to enable in to pc form duties enjoined upon it when so composed. Oiler Power named in those Section it May not l e a Thori de to when so composed. The Iov Emor Ami Council Are let paired to " i Xuc a munitions to Mich persons n-1 shall appear to be fleeced in a maj oily til the Voles in each dim dict to attend that Dallie Day appointed by the Constitution in a Lake their Ca i hey must Lake their As senator and can act Only in Llie ii official capacity and that capacity they must Adas a Biauchi of Llie lot certain a Niose. It i � Only 111 t t Brauchi that they can be Anih ii cd to Oija i of in any manner As a Senate pm to notify the other blanches of the govern ment of their Orua i Tiou or Pic sence in the chamber appointed for them or can re Zeive Horn the governor and Council the co Pica of Tho " li-1.�, or can adjoin in Ami keep a journal these Are nets essentially acc Cosmy to to performed whether a majority of Llu senator to 01 be not Clec cd and present. 1 a less this be the True con Man Cloit this Biauchi of the l. I Lahoie May Nti Ilter . Fail to he Norimi izod acro Tiu to it provisions. I to we Init " Senate " and " i appear to to used i the Constitution to do innate that Banuch whether composed of a Mooter or less number of a Contois when it i in a condition to a up a journal or record of in Pioci Dini -. M to Piloun nets Roq Linrod of it or author used by the of tin Constitution. In Trio year i8h0. Wii a quorum of both branches of Iho woo present the of this Couit Avo their Opin ions that no other body than the Senate Touhl under the Conn it ill Ion designate the candidates to Supply deficiencies of senators occasioned by omis Sions to elect by the qualified voter. When less than a quorum of senator is present no express pro in of is found in the Constitution to nut Liliuo Mich a designation. It is not perceived How any such Power can to implied without depriving the Senate of the Power of Betti to he Jude of the election and qualification of its own member. Ily the fifth ree Tiou nit Ielo four and part second it is provided. The shall on said first wednesday of january annually Deler Nibuo who ate elected by a Ina Jozity of votes to be senators in each Dis if the word " Senate " or House be used in this Section and in All other pail of the Constitution or. It appears to be to designate that Braiu i whether Compo Tedorf a quorum or a renumber the Power to per Foint that duty i expressly conferred up on a Senate so composed unless its Power to to it i re. Trietch by some other constitutional provision. To Shii provision i found uni is it u in Tho phase " and a majority shall Cju minute a quorum to do by issuers that phrae or provision should not Lee ivc Stieh a coins i notion without the to t trip no necessity lot it would under any Coucci Uble Cito instances prevent tit organization of tin legislature according to i in provisions of Trio Coustie Tiou and leave the state Widi Ort a eos Tut Ivind Yov eminent k lie nov cruel by one . And or Ani de try is n a t to or melt would prevent the perform Ance by lilo a i ii Ilo of 1 til ii re pre Idy required of it Ami which i u performed by nov other Littly or Iauch of Tho govern Inonu acco Diug to the Pio visions of the con Eti tuition. If the Only act to to pc formed by a Senate composed of less than a inn Jozity of senators v Eie considered to to Lolly enumerated in the taller Oulu of the thin too lion of a tide for Tilini Pait third a Senate of front Simril would by of the Power to Pio Ert Iubelt to keep a journal of its proceedings raid of the Power to punish its own member or others Lor ital proceedings. It is not unusual to find Lanonne us when. Particular Sobject is under consideration which i Tuo to exhibit the idea intended it not limited by the subject occupy inn the thoughts. The subject then under consideration Appeal to Havo a Jen the in legislative it docs not treat of their organization. That had been Pori did for before. It treats of their Power to do business alter they Havo been duly organized. That Lany Aye May therefore upon familiar principles of inter relation to regarded us applicable Only to 1 such business u the houses would a spec 1 Lively perform after they Hud to come Orya sized Nuil Sim not applicable to proceeding required to procure it organization. When considered an Liun quieted and yet As having its intended find appropriate Injo Lifie found no limitation of the a Trio Rita of the Senate whether composed of a in Mijoi Ity of the senators or not to deter mine under any Hud for All purposes who Are Liot elected by a Mojo Ity of the voidets to l e Fennton and Art eligible or qualified to be senators. If a Senate so composed. Euld not con Tiiu tonally 0 determine Senn Tois legally elected by qualified vote and having the qualification required for senator might be u eluded from the Senate and Dpi it a of the i hex seemed to them by the conme lotion. If nil Neni ii,9 apparent from the proceeding of the Jow nor Ami Council Woro to be filled by joint Ballet of the Mem Bers of be House and such senator a shall have been elected those senators so Elee de could Tiol be deprived of their seats by a Siil Wernent decision of the Senate alone. Those who Are assembled to make such elections by joint Balb t. Mint of no i , and by a Power fait i \ implied de Termine who have been so elected and when they have so do Teuninck the paean ii Sarc Niton us coniing 10 Ine Pio Vitoux a tin Eon ii ution Mill Trio constitutional i ii lit to he senators is seemed to them. If the Senate Iilona could irn tint such senators were not legally Eleele nil not entitled to their scat they could annul tin of ten Widy or coils Antion nil Ilioiu in in elect them p. to decide Tiey had been loyally elected. If this could lie done once it might to continued Lobo done Ami the Linual organization of the sen ate to prevented Lor an indefinite time. This would neither comport with flip Lau Guage i intention of the . J lie elections of senator respecting which tin Senate is made the exclusive judge Aro such a Are made by the qualified electors. The election of senators by a j bit ballot in to be Mado f of the lit of person voted fur. And made by the selectmen and Deik of the Sevoian Corpora tiros comparing the District or from copies of them. Ivi win 5- names Aro not upon Mich Lite cannot be elected. The Senate w Lille Tei mining who Aro constitutional Candi Date must al of be Coul nod to Mich Lils. Ami a Mist the Cove Norand Council while a who appear to have been elect e l. I Liis Dors not make Mich lits Eon. Clu Ive evidence who Kiel Rule elected senators or who have the qualifications required for senators. No person by such lists alone can therefore l o considered to entitled to be a senator or a certainly not entitled to be one. By an elec Tion by dial tilted Kotcis. My tins construction and by this Only ii o the fads -taie�1. Can the Senate be constitutionally organized Wilhour consider some other Branch of the government to Povis pow is not conferred upon it by the Constitution Ami with ill depriving the sen ate of Power conferred upon it. The Coyitt notion of the con ii Tiou pre sorted Villi paper will under any or Viva us air Rumbut co. Uii Jiuu ii i � have a constitutional cover Cut without Coupe rain Powers upon any Branch of the Xiv eminent not found in he voted in it by the Constitution and without Dpi iving any Branch of nov Power conferred upon it and will prevent any occasion for a i sort to a Ovidii into acc Smiy. No Oiler con stir Eton Lia been presented leading tos Ueli i cult. Ity lie third Section of a Liole in Kiili and unit third each House May eos Pul Tiu at Tei Ullnee of absent inc Blu in Mich Man Lier and under penalties no each a Itic May provide. This Power is conf ired upon each ii Oumi when composed of a less number than a Tuioi i m Lodo Bibisi lies. Tho id inem Bei in thai Section an Peais to Liao been used in the Fouei clause elections a Decsi Unali ? Menalois to have not. N Well a shoe who have been Allied and been present us of Tho Senate and no Milia Mienl tear perceived Why the word should not have the same meaning in the latter clause of Tho a Section. The Section would then Nti Liori of a Senate Roui of cd of Les than a Oitim to compel Tho attend Unco of Trio a whom it Ai Jud cd to be Metal Beitl Melher i hey had eve been present As Ucli or not. If be not tin True con Sti notion of the latter clause of that .seelion,1 Tiu Senate after a major ii of the squalor have i ecu constitutionally elected May fail to be Opunui cd nil Thucie May be no const it it l iou t i government in the state. If tie Ioveino nil Council should Ascer Tain Flint a minority of the whole number al senator had been elected and Knioum sum ii tit in to appear at the appointed time and place Ami a Millicient number to pre vent a quorum should deny that they had been co it elected or should lot faction a Huipo a wilfully ice disc to attend Ali Nieby a Prev civil a , Tho a who should attend being Law in number than could form a Piorum would lieu constitute a i Ion or Senate Orpie sly Auto de to compel the attendance of the a Cut Mem i la Tiivi construction of a similar is inn in i a co it Titti ii of i lie i nil to App Lis to lilt i been sanctioned by Ude adept dby the Senate f Trio i list Cit state. Us in Jefferson s manual on Hajje. La i and l of let to 1 Iota Public hed a Concord in the Yeai Iscon. The Piile said i � to u in imm a number Tuliau a tin hint Conven lion of the Senate at the be al time of meet ii As to aril Day of the i Uit a applicable to lit convention us of Senate not Javo been legally pasta Lilied unless the Senate when com posed of a los ii incr of Sonu Toi than would form a quorum had nut Hority by the Constitution to compel the attendance of no Nevii members. The a Nate of this state when no composed to to enabled to com id the attendance of absent members must j let Ermino who Wero elected. It would be a prely Utho fixed to Hetata Senate toil termino the manner in which their Mien Lance Hunold i Pic mail and the penalties be Inen rred by their refusal to attend. Ii j is Only by Itna Tsai a Senate that Anu Mlot t is than a quorum composing it could f a Kuch nut Poso i Meany Legal up kept which input bowed in the name and by the ail i Hority of the Senate or Touhl enlist the if in to i u organized or could keep a diurnal of i proceeding. I he Lov Cinor Siul Council to Only authorized to ascertain � who appear to i a elected senators and have to Power to determine who Are elected. I l hat Power n ii leu to Cal to the Senate alone my it must determine whether those Appeal c ii upon the u lists " to have been elected t rare elected and had the qualifications re a juiced Tor senators. Hero then is i in t Tance in which an of prom Power is Givon to a Senate composed of less than a quorum and it May by possibility to of a single senator to determine who Are elected sea actors and to compel their Atte Dauca. If any number of senators however email May to designated As a Senate Aud to organized and act and May by an express Power determine who Uro Clicc cd for one purpose their May be no inf Lucient reason to conclude that it was not the intention of the Framcis of the that a sen ate com ked in the Suroo manner should act for All other Pui Jose to determine who sue nut elected for Tho Pur l one of procuring the organization of the Senate another and til Leicil Noile. The Constitution the quirks the Senate to de termino who Are elected senators by a majority of tie qualified voters jul each Dis a Tibet. It contemplates it a an act to be per i formed on the Day Manji Utcy for Tho first meeting of the Mem Eib of the legislature alter they have been elected. Their is provision Ltd the Ltd Section of the ninth article that in ease the elections requited shall not to completed on that Day the t Amo May be adjourned front Day to Day until completed. prevent the Senate from being Able to do Cimine in ene Day and for several Days who Aio Constitution ally elected having the required qua Ca ions. It is not made Tho duty of the member of the House to meet the so patois who have been elected to elect by joint ballot other senators u foie Tho Senate has deter mined who Are not elected in nil the i trials. It in not however considered that senators could not be legally elected by the agree input of both branches before the sen ate had determined who were not elected Ull Pic ii Mim in Villi Coli Siocic thai each a Iourtc May rightfully refuse to or Ceeil to election by n joint ballot until after a let Riniti Alioti has been made by Tho Senate the Iliou Clicc Tiomi of Sena torn in All the District. It is Mich senator and such Only a shall have been elected who ate author to vote in the joint ballot with the members of the Loriso to elect ther Sena Tois. The words " halt have Lieeie elect have re Feierer Stieh senators shall have been elected by the. Ken made w to Aie not Cleetes senators mid Olio arc Tho i initial candidates a Otler persons have been duly Elee cd senator a joint ballot i t the i Onibe. Of Tho two House three cat be no in if t termination i ilium a Mulli 3 the Coati to made in joint ballot we Ticoli i entirely in admin Sabotc. Such determination Jincie t Oie Nee Essai by a tidal and Tim Climic one. Inv a which will ant Hoisea Liu Liber less than a sort Lii to it Eimilio who Are not elected senator. Anil what a a Anicic a it and Whoric tin you to uti Oual candidate. There May be a with every in of the Constitution and a Yove neut at All twin emed without sue i a on in Ion their can in no a Cli compliance Ami 1.0 such so a Miry. And without mar a zeus twin Loii occasion May Rerp Tenily Mcettr and ii ii distance a presented w Lii Eli w ill prevent the 01 Uniti nation of a Loiis Tiltti Mil govern ment without the exercise of Power not con Lei red upon it by some Bro Meh of lint or without a resort to the or Maui action of a from Ancec Ssith to lieu is Little Catt so Foi Alann that such Powers May by possibility be exercised by one senator. Such an occurrence can to expected but Raiel. It Ever. I Loviei mom Omenn ivc i Ilij Tilani May under Ihu til Ion Ollie i to stale Ami Umlor Trio ool Huv Cine of the Pia a be Orci de by one Poison. has a Ioctl that tin lilo i 111 a giant Ami i am As faithfully Pei formed Liy not Ami Lew per Nous al a a Laii o number of Jet Kiili. To i Lio question i in answer in that m it Doe juice Ilir Senate toddler Ninn Sliu in elected Senzini in a .Tiit Booie other oink rail i a a ballot be elected son Lois Lor such Kriel. It does condom plate Liat Llie Senate shall act Ermine who ate la Etc senator in All the i oils Ami thai Alle i tin vacancies should to a Cecilai Icid nil i declined before proceeding to tic i election in each i Lowiec May i lit Lully Lei use in Intel the other to make ii Eli election by joint ballot until Alt a i _ a Eaudie i lie been win a i a in a Ami declared while tins Ito Dpi up n edit i not i built Ilc Nii i that senators could not by then a c nent of both i Lou a be legally Eler cd be ote till ? vacancies in i been o a a tamed Ami declared. To the m Coli to i tul of Llie Ai or i the provision of that Section Ilo not Eon template a meeting of the my Mecis of the two Llott net in make in i in. In joint nil lot Lor the purpose of Hilliii n Pat j Only a tin sex Intino in Llie semite on the Lii of wednesday of those provision Are not la mid cd p Loi bidding m in a adopted by lilo a tee Niento both i Lou a. To i to third a answer in \ squalor i elected is not entitled to vote in a Ines tiny or Convent com of she Ikuhei t i he two House u held for Llie pin t in Nnoli sized Loio upon Ilia i Lim lion or it on i in ers Inyim have it Light to tip j11 Ilia Riili iio1 it ii to al. I o tin tilth qui liu1 Uii Avci i. In the Loy Ativo. All of Lii Ali in inn to respectfully my Willt in to tin Ilou Cui it pm it Tiv a. Kill kit Siikki m a John s. , Sami i. Walls. J 1 111 Howard j John aim . My font Uncini Cylc Nalii to lie Nna Wera oquestion i. 2, 3, 5, Ami tin lint inter opa Iory of question 4, and to Ucli pail of in opinion i ire is a majority full h Vor to eco Nolc to ingot Atul Confer i Ith my a in the consideration Ami top Tiomi of the Lorey Rinir opinion i have sex Mcneil the concur in the answers 0 lilo fourth Ami fifth questions but not in ii the reasons stated for coming to such onelus ions. I of not concur in the answer Llie third question nor to so Maeh of the user to the first question As stale that lie member of Ilia House my rightfully Fust to meet those senators who have

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