The weekly Placer herald., 1853-11-26

respect of the people for the well estah
lishpd usage which has grown up under
it, that no attempt 10 vioiate 1t has ever
get been made an any one Of our sister
States. The Legislative annals OF the
several States whose Legislatures meet
annually, may be searched tn vain for
precedent to The contrary. In the fiefceSt
conflirts Of personal ambition and the
widest tumuts of party, this provision
Of the Constitution has been sacredly re-
sperted
The Legislature Of California has not
been unoh~ervant of thi. subject. On the
3Oth of January, 1852, an act, prescrih
ing the manner Of electng United States
Senators, was passed, in which no provI'
sion whatever is made in regard to the
Legislature which ia to exercise the power
IF there had been any doubt on this sub
ipct, would NOT such doubt have been re-
moved hy express 'egiSlation! Does not
the silence nf the legislature on this i'm
portnnt point, demonstrate that 1t was
considered as definitely settled by the
Constitution? This act must he regarded
as a Legislative construction Of the on
Stifution, after full and mature con>ide-
ration n connection with al precedents,
of the whole subject matter.
We are aware that the 4th section of
the same article of the Constitution has
been referred to, as giving the State Leg
i~latures penarv power TO prescribe ny
law that any other Legislature than the
one next preceding the term mNy make
the plrrtionS. But the grant of power IN
this section in regard to the "tineS, places
and manner of holdinge ertionS for SPna-
tors" n,'~t he construed in reference to
section 8 of the same article, and TO the
general spirit of the Constitution. The
right of the Legislatures To prescribe "the
time" clearly means the particular time
of that session of the Legislature which
the Constitution has invested with the
elective power-that il to say, the Lcgls-
lature next preceding the expiration of
term. my other construction wonl1
cnnrpde the egi~llture of this State,
which meets in January next, the power
10 pass law, authorizing the two houses
thea and there assembled, to elect Sena-
tors 10 Fl the successive prospective
Senatorial terms for the next half century!
Unless The Constitution limits the elective
power to the Legislature next preceding
the expiration Of the term, il imposes no
limitation whatever, and it follows that
the grant is so vague and indefinite that
any Legislature which may he 80 diSpoS
ed can nSurp aud exercise, without re-
Strairt the elective powers of all succeed
ing Legislatures. The mere enumeration
of this absurd result, while h necessarily
follows any other construction than that
which we have adopted, and which has
been sanctioned 10y the universal usage of
the country, proves the correctness OF our
conclusions.
Much more might he said in reference
to this subject, bur we deem it unnereSsa-
nv AT this time. That it will I've made an
element Of diScord in our next Legis'a-
tnrp, we cannot for a moment believe
Every consideration OF State policy as
well as of political integrity, should
prompt members TO frown down any at
tempt at its agitation, and we look to the
prominent members of the party To dis.
countpnance, on every and all occasions,
its agitation This is equally due the
people, due themselves, due the spirit Of
the Constitution, and due the time honor
ed uSageS of all the tates of the Union.
Let personal considerations then be offer
ed II willing sacrifice at the great shrine
of principle, and the rights and majesty
of the people be vindicat by their chosen
representatives..
STATE AFFAIRs.--By n letter of Gov.
Ri,rlor .,IIrns,au Mr. I ,thu,n NJ n