elect the successor. The distinction sought to be established between the words elected and chosen derives no support from popular or legal lexicography. Elected is defined chosen and chosen is defined elected, and the words are used as synonymous in the Constitution of the United States, the constitution of every State, in all our statutes, and in all popular literature. It is a universal rule of construction, applicable to constitutions and statutes, that words are to be understood in their popular, commonly received meaning, and to force upon this statute so unnatural a construction would defeat the intention of Congress, manifest in the act itself, and violate the fundamental principle of free government which doubtless inspired the passage of the act. The legislature which was in session on the 15th day of February, 1870, when Mr. Blodgett claims to have been elected, was chosen in April, 1868. By the constitution and laws of Georgia then in force it was provided that another legislature should be elected on Tuesday after the first Monday in November, 1870, and that the legislature so to be elected should meet and organize on the second Wednesday in January, 1871. Thus it will be seen that at the time Mr. Blodgett claims to have been elected there was to be another legislature elected and organized prior to the expiration of the term for which Mr. Blodgett claims to have been elected to serve. Therefore, as the case then stood, the action of that legislature in the premises was without authority and directly in contravention of the act of Congress upon that subject. It is not claimed that Mr. Blodgett was elected at any other time or by any other legislature. The validity of his election must depend upon the state of case then existing. If the legislature had no authority to elect him at that time, their pretending to do so conferred upon him no right to claim this seat. If he has any rights they vested by that election, and were perfect as soon as the election was completed. His election was either valid or void; if valid, no subsequent action of the legislature could impair his rights; if void, no subsequent action of the legislature, short of another election, could entitle him to this seat. Subsequently to Mr. Blodgett's pretended election the legislature provided by law, as it was authorized to do by the constitution of the State, that the legislature which was to be elected in November, 1870, and organized in January, 1871, as required by law at the time of Blodgett's pretended election, should not be elected until December, 1870, and should not convene and organize until November, 1871. But if your committee are right in their construction of the act of Congress, the legislature which convened in November, 1871, was the legislature chosen next preceding the expiration of the Senatorial term, and, consequently, that legislature was the one which was authorized to elect the successor; and this legislature did, in fact, elect Mr. Norwood. The fact that the State for months after the expiration of the former term, March 4, 1871, was without full representation in the Senate is not the fault of the act of Congress. The legislature authorized under the act of Congress to make this election would have been elected in November, 1870, and convened in January, 1871, and might have elected a Senator prior to the expiration of the former term but for the action of the State in postponing the election and organization of the legislature authorized to elect the successor. The State cannot complain of its own act, nor ask the Senate to disregard the act of Congress, because the State has intentionally omitted to comply with the act of Congress and avail itself of its provisions. Therefore, Mr. Norwood having been duly elected at the first session of the legislature which was chosen prior to the expiration of the former term, your committee respectfully recommend the adoption of the following resolution: Resolved, That Thomas M. Norwood is entitled to a seat in the Senate as a Senator from the State of Georgia for the term commencing March 4, 1871, and that he be admitted to the same. TUESDAY, December 19, 1871. The Senate proceeded to consider the resolution reported from the Committee on the Judiciary, to admit Thomas M. Norwood to a seat in the Senate as a Senator from the State of Georgia; and, On the question to agree thereto, it was determined in the affirmative. So it was Resolved, That Thomas M. Norwood is entitled to a seat in the Senate, as a Senator from the State of Georgia, for the term commencing March 4, 1871, and that he be admitted to the same. Whereupon Mr. Norwood appeared, and the oaths prescribed by law having been administered to him by the Vice-President, he took his seat in the Senate. COMPENSATION OF MR. BLODGETT. Mr. Morton submitted the following resolution for consideration: "Resolved, That the Secretary of the Senate be directed to pay, out of the pay and mileage account, to Foster Blodgett, claiming a seat as Senator-elect from the State of Georgia, the pay and mileage of a Senator, commencing March 4, 1871, to the passage of this resolution." TUESDAY, January 9, 1872. On motion by Mr. Morton that the Senate proceed to the consideration of the resolution submitted by him on the 19th December last, to pay Foster Blodgett the pay and mileage of a Senator for the period therein named, it was determined in the affirmative; and Mr. Morton having modified the said resolution, After debate, On the question to agree to the resolution, in the following words: "Resolved, That the Secretary of the Senate be directed to pay, out of the pay and mileage account, to Foster Blodgett, claiming a seat as Senator-elect from the State of Georgia, the pay and mileage of a Senator from March 4, 1871, to the 19th of December, 1871, when the question of his right to his seat was determined by the Senate," It was determined in the affirmative. So the resolution as modified was agreed to. [Forty-second Congress-Second session.] MATT W. RANSOM VS. JOSEPH C. ABBOTT, of North Carolina. Mr. Abbott's term expired March 3, 1871. March 7, a memorial of Mr. Abbott was presented, claim ing that he had been legally elected for the succeeding term. March 13, the memorial was referred to the Committee on Privileges and Elections. February 28, 1872, the committee reported as follows: At the election held in November, 1870, Zebulon B. Vance received a majority of the whole number of votes cast in each house," and Mr. Abbott received the next highest number of votes. On the day following the election Mr. Vance was declared duly elected. Mr. Vance at the date of the election was under the political disabilities imposed by the fourteenth amendment of the Constitution. Mr. Abbott rested his claim on what he assumed to be the legal result of the conceded ineligibility of Mr. Vance. He assumed that it was a conclusion of law that if the candidate receiving the highest number of votes was ineligible, and that ineligibility was known to the electors, the votes so cast for him were void, and should be considered mere nullities, and, consequently, that the candidate receiving the next highest number of votes was elected. The committee were of opinion that, while that might be the English rule, it was directly at variance with our theory of government; and that the English rule was not applicable in this case for the reason also that the amendment imposing the disabilities also provided for the removal of them by Congress, and that consequently the elec tion of Mr. Vance was not void but voidable only; that the removals of these disabilities after election in several previous cases by acts of Congress were decisions that such votes were not mere nullities. The committee were furthermore of opinion that the facts in this case would not bring it within the English rule, supposing it to be admitted that that rule was applicable here. The committee recommended the adoption of a resolution that Mr. Abbott, not having received a majority of the votes cast, was not entitled to a seat. There was a minority report in support of Mr. Abbott's claim. April 23, 1872, the Senate agreed to the resolution reported by the committee. The credentials of Mr. Vance were not presented, and no claim was made to the seat by him. February 5, 1872, pending the action of the committee on Mr. Abbott's memorial, the credentials of Mr. Ransom were presented and referred to the committee. They certified that he had been elected January 30, 1872, to fill a vacancy existing by reason of the resignation of Zebulon B. Vance. April 21, the day after the Senate resolved that Mr. Abbott was not entitled to the seat, the committee reported that Mr. Ransom's credentials appeared to be in due form, and recommended that he be admitted to his seat. He was admitted the same day. The Senate resolved that Mr. Abbott be allowed compensation, and that Mr. Ransom's pay commence on the first day of the term.* The history of the case here given consists of a transcript of the proceedings of the Senate relating to it from Senate Journals, 42d Cong., 1st and 2d sess., and the report of the committee from Senate Reports, 2d sess. 42d Cong., No. 58. Special references to the debates of each day, which are found in the Congressional Globe, 2d sess. 42d Cong., part 3, and in the Appendix, are inserted below. [First session of the Forty-second Congress.] TUESDAY, March 7, 1871. Mr. Pool presented the memorial† of Joseph C. Abbott, claiming to have been legally elected a Senator of the United States by the legislature of the State of North Carolina for the term of six years commencing on the 4th day of March, 1871. Ordered, That it lie on the table and be printed. On motion by Mr. Pool, MONDAY, March 13, 1871. Ordered, That the memorial of Joseph C. Abbott, claiming to be duly elected a Senator of the United States by the legal votes of the members of the legislature of the State of North Carolina, for the term of six years commencing on the 4th day of March, 1871, be referred to the Committee on Privileges and Elections. [Second session of the Forty-second Congress.] WEDNESDAY, February 28, 1872. Mr. Logan, from the Committee on Privileges and Elections, to whom was referred the memorial of Joseph C. Abbott, claiming a seat in the Senate as a Senator from the State of North Carolina, submitted a report (No. 58), accompanied by the following resolution: "Resolved, That Joseph C. Abbott, not having received a majority of the votes cast by The Senate passed a similar resolution June 8, 1872, in regard to the pay of George Vickers, of Maryland, who was elected March 7, 1868, for the term beginning March 4, 1867. Philip F. Thomas had been elected for this term and was not admitted. For report on Mr. Vickers's pay, see report No. 231, 42d Cong., 2d sess. + The memorial is found in Senate Miscellaneous, 1st sess. 42d Cong., No. 1. 1. No mail or phone orders. 2. Library material only. 3. The Library does not sell copies. The fee is for the service of copying. Class Mark Copy all information from spine of volume and give pages wanted. or Call Letters Title, author and pages desired to be entered below SEH U.S. (SEH) Compilation of Senate Election PAGES 805-808 I certify that I require the photoduplication for the purpose of private study, research, criticism or review and I undertake not to sell or further reproduce the copy supplied without permission. 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