Mobile register and journal., 1845-09-09

nls the pIace uf ihs eieseH wlpac teFti expires Oh the first Monday of August next. And how elect these eleven Senators without bringing on the gene ral election? for ihe constitution requires that the Senators shal! be elected nl the same time when the representatives elected.
 But not only one thnd of the Senate but the lunc- lions oflhe whole Ilonse of Representatives expire next August, and if no election he held next year i is manifest enough that should be left for long or shorter period not only with but two thirds ofa Senate but with no House of Representatives.
 The Monitor says, "we doubt whether any eec- ton for Senators be held next year, for Sena- can be chosen only al lhe same time that repre- sentatses are eectcd." But we cannot discover the objection to eIcctng both senators and representa- lives next year.
 Whether the Senators to be elected n, xt year are elected for three ur four years is mmaerial. Say for three years if you please, for it Is agreed that there will be vitality enough in the 18th section to elect them for that period; and when once elected he amendments to lhe constitution step in; and un- der its provisions the first time the Senate the terms of Senators will be increased or diminish ed by ihe new classification, irrespective of the pe- iod for which they were respectively elected Nor will there be any vacancies in the Senate to be filled tn lS47, as the Monitor supposes.
 Again we remark that we cannot find any war rant in the constitution for the Monitors assumption that ''no regular session can be held within TWO years after the next" We think the Monitor is mised by the term .bienmal sess sons :" N hch is hy no means accurately descriptive of the proposed amendments.
 The objection that some ftle Senators under the new organization will hold their for longer pe- riods than that for which they elected, however il may violate our ideas of the ordinary relation and dependence between the representative and lhe con- sliuent, is not. we think, altogether an anomaly in principle, though il does mol meet our approval.- But the objection loses most of it's force when we reflect that it is arranged by the potent will oflhe people, establishing thus, by their highest and most sovereign act, le organic law of the land.
 There is nevertheless one difficulty, not noticed by the Monitor bn encountered in carrying into ef- feet the proposed amendments which we should bc glad if we could dispose of satisfactorily to our own mind as those before adverted to. We allude to the election of Governor.
 The 2d sec. of art. 4th of the constitution declares that "The Governor shall be elected by the qualified electors at the fime and places when they shall pectiyey vote for representatives"
 The difficulty is by no means insuperabe, for the Governors term of office commences 'rom the time of his nstalhon," and not from the day ofhi, election.
 But the general election coming on m lSi6. lS4s | d. #. .,l. ,I,. ernor more than year before his induction into of fee. It can be fully obviated only by further amendment of inc constitution. What weg Ihi; may have with the present legislature in inducing rejection of the biennial amendments altogether wt cannot loresee. IL is 2 matter justly entitled to SC rions consideration, especially constitutions l amendments under the system of biennial session, will require longer period to perfect them than un der the constitution as is. At least two election. for Governor would have 10 be held before il could bt I accomplished
 II Upon the whole, although the proposed amend Iments do appear to us to be well considcre, las they should have been we cannot feel the fore, of the objections urged by ihe Monitor. The presen II House of Representatives expires on he first Mon day of August next and there will he nothing in ih, constitution as amended which will extend it's tern of existence moment beyond And the Monitor justly observes that ''t is fundamental principle that the legislative power should always be in exis tence that one set of representatives retire an l other comes in without any in emission '' This ''findamenai prrnciple' should not be in vaded without clear and undoubted requirement O the constitution itself. We believe only that such necessity arrises from the constitution an, amendments, but that to sustain tbis principle To- gether with the constitution the first general election under the amendments must be held in l8a6; the years of service ei the representatives com mencing from the day of their election. We believe il is also necessary in order preserve the senal. without the objectionable recourse to executive pow CT which would place the preservation of lhe govern ment at he mercy of caprice or accident. |