Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1853-01-15

Il M
taking llie rounds Of certain political pa
pef-, recommending TO The Legislature ",
TX re,lIeiey Of lr-eitnig OF aniitllliilg III
election OF llon. J. 7. BENJAMIN, 10 tht
United States Seneta, 10 I'LL the s%arnucs
IN tliat body. occurring iD consequence .
lie expiration ef the term Of Hon. y. w
Downs on tie first Of March next. I'll
ID ee,,teinted,p says the article tint the
election OF Hon. j. r. BENJAMIN h " SCI
aside or uulllfed by the adoption nf u new
%orua,ie law, aud the election Of a fresh
Legislative body IN aoeoflaiice with ~
requirements" Does the new organic law
~rpatire that tile action Of tie lat Lsgis'
te,lre BE- nnniiled I There Il, very prep
etIy. a clause In the Constitution, proyi.
ding for the election Of u, =. Senaiofs
but we eamiot conceive how the article
eau he construed, so az property, 70 aniinl
the election Of Hon j. 7, BENJAMIN, which
was made u,,der the following 81 sec. OF
art. ~ OF the old Constitution
be IL further enacted, sc, That Oh
the first Monday following the meeting OF
tho Legislature III the ses=iot, thereof,
eam meneing in tie ydtr IN tthtth me
term n attire any Senator of Se'tH9t,s
ebosra III represent the Stale ~ TIE Cpas
gtess " the Uuitta States " dmsrtttt
shut expire, OF IN case there IL no sessiofi
Of the Legislature IN soel, year, then ii the
next preceding st,eh year, the two lio,tses
sl,all meet IN The Hall Of The House Of
Representatives, aud proceed 10 a choice
of d Senator or Senators to represent the
State Ia the Congress OF ille United Slates
Il, plaee Of the senator or Senators going
ont OF Office aud the perso,l or persons
having the greater number ot votes, shall
lie declared duly elected Senator or Sem.
tors Provided suel, number be q majority
OF all the members present"
II Ii ee,tetded that this article IL s,ipef.
seeded, (and we grant ~ by the 57m art
of the present Constitution, which reads ne
follows.
In the yent IN which n reg,lar cleo.
ton for n Senator OF. the United States lie
to take place. the members Of the General
Assembly shall meet In the Hall OF the
House Of Representatives, on The Moiiday
following the meeting Of the Legislature,
aud proceed 10 the said election."
Compare the two does this latter artl.
ole say that the election nude ut the last
session of the Legislature, shalt be annnl.
led I Docs II say that this IL the proper
time 10 elect a successor to Hon. =. w,
Downs In all conscience, no eandid mind
can place suel, a construction upon IT. If
the friends OF lion. 8. w. Downs wish to
him es Senator again, they mnst abide
tue law, aud wait until Mr.. BGSjAMlN's
OF Mr.. Soubg's term expires.
We would consider the proptieiy Of nh
at the time Mr.. BENJAMIN was
to the U. $. Senate, and leave
the reader TO determine whether the act
was Ia accordance witt. law Il was Ia
1852, at the last session..of thdLegialntare,
when II was beyond the powers of man
10 determine accurately, whether or not
there would be a session Of the General
Assembly at this time --meny were the
difficulties, which brought about the ap.
proaehing session Of that lion Body
The last Legislature authorized the Assem-.
Hing OF n Convention to frame the present
law OF our State, ptoc,ioI, Il was
he will of the people It could no. fore.
the avidiiy, with which the people took
,old OF this production Of the Convention
md endorsed Il rs their organic law but
With all the precaution, which should char.
n body polite, welding All inAu-
noe TO the advantage or injury Of a COM
NUDITY, thes took care that Ia any event,
he State of Louisiana should not be mi.
ms a Senator ut the Capitol Of this great
,onfeacacy. a, the expiration Of the term
Hon. SoloMoN w. Downs Hence the
was brought up, aud resulted in
he election Of Hon. j. z. BENJAMIN /; 1t
no, unexpected to my portion Of the
General Assembly, 0 to the citizens Of
he State at large every u knew that q
was TO be chosen-nnd Hon. ]. p.
BENJAMIN received the highest vote, aud
eas declared duly elected. Upon this SUBJ
cot more would be superfuous, aud we
viii next consider whether the section
quoted, will warrant another cleo
ion for the satEe position.
The article referred TO does not specify
ny definite period for the election Of a
]. s. Senator. by any other term than
regular election" We shall not discuss
he proper time, but win merely say that
h as much as this article does not express.
Y nullify the election made al tue last ses-
ion of the Legislature. ind that as said
was made ia good faith. and in
ontorHisy with the expressed provisions
{ the old Constitution. tile election will
nd must hold good. Il will not require
cry close observation fsr the reader to no.
Ice TINT Hon. J.. r. BENJAMIN is not a con-
Senator elect. hut elected III ex.
Ct conformity with the 37th art. Of the
ID Constitutional article the intent aud
nrpose OF which does not conflict with