The weekly Placer herald., 1853-11-19
From the San francisco Evening Journal
The next SenatOr-when shall
we elect him.

Wnetner the approaching session or the
Legislature ought to elect a Senator to
occupy the seat of Mr. Gwin, which be-
comes vacant by expiration on the 4th of
March, 1855.
Before we enter into any argument on
the subject, we would remark that the
proceeding seems to be an extraordinary
one, at least, aud there ought to exist
some very potent reasons, why the Legis-
lature of 1853 should usurp the legiti-
mate functions of the Legislature of 1854.
For ourselves we can perceive no such
unanswerable reasons; we can discover
no valid argument why the Legislature
should thus attempt to anticipate the
action of another, and display such in
decent haste in its movements, as to incur
the suspicion and distrust of every un-
biassed citizen.
We cannot for one moment believe
that the next Legislature with thus reck-
lessly allow cause for our opponents to
question their patriotism, and suspect
their motives.
We think, in the first place, that the
uncalled for usurpation Of power would
be unconstitutional, not that it would
violate the letter of any particular clause
it IHC CpilSlItullOlI3 CltuCI vi tHC otdlC VI
General Government, but that it would
effect the same thing, only in a more
dangerous manner, by giving blow at
the spirit of them both. 1t is true that
the 4th Section Of the 1st Article of the
Constitution of the United States gives
expressly to the Legislature of every
State, the power Of selecting its own mode
and manner of electing Senators. But
this delegation of authority must be eX-
ercised in consonance with the general
framework of our institution, and not so
as to lead to their injury or subversion.-
We take the position, therefore, that any
action on the part of the legislature of
1853, which arrogates from the power
and authority of its successor, although
not expressly forbidden by any consrtu-
tona provision, is in reality opposed to
the spirit of ALL We are not arguing this
question, as 4 professional lawyer would
do. rey wing upon cypress enactments, for
we think that the Fundamental law may hc
violated in its spirit, and yet preserve its
letter untourhed
And besides, what would he the liSe TO
eiprta Scnrtor by one Legislature, when
the succeeding body may declare the act
INV anu, anu I'i'p'fFtl ~ ItIItIl tDt III w
pass another, and usher new erich
mond" into the fied'
The State Legislature can only act
when a vacancy actually exists, or is I'M
pending, and may occur, before the next
session. 1t has no right to elect an officer
to-day, to fill a vacancy which may occur
to morrow. II cannot uSurp the funriionS
of its immediate successor, any more thrn
those Of its successors for five or fifty
years TO come. If the precedent he n cor
rect one, why cannot the next LEGISLATURE
fill the vacancy which is TO arise after
Mr.. Weller has served out his term! Is
not the intervention OF one Legislature as
insuperahle an obstacle as the interven
ton Of half dozen3 Each House of the
Congress, it must | e remembered, is the
sole Judge of the 'eIections, returns and
qualific tons Of its own MEMBERS" Let
us suppose that A. is elected Senator this
year, and B. next year, and they both
present their credentials and certificates
at the same time-in December, 1855
and claim the vacant place of MIR. Gwin!
Would the Senate of the United States
sanction the first election or the second?
But suppose the Legislature of 1884 re-
peals the law of 1S53-shou'd they pass
one-as they would have the unques-
tionabIe right to do, and then proceed to
choose Senator? In this case the Unit
ed States Senate would not pause mo-
ment, but would confirm the last act Of
the Legislature.
But aside from the unconstitutonal;ty
of the act, would it he in consonance
with true Democratic principles? Would
it he po tic and wise? Ought the party to
shou der any such questionable proceed
ing at the present moment? We certain
Iy think not. Nothing could he further
removed from the principles ofth" Demo-
cratic party, than to sanction any invasion
of the rights Of the people. The Legis-
lature has no right to forestall their action,
no power to anticipate their opinions, no
authority legal or constitutional to snatch
away from them the privilege of acting
upon contingencies as they arise, and fill
varancies as they occur in their natural
and ordinary course.
Many events may occur during the year
1854, which would render this premature
act extremely awkward and unjust. War,
in the meantime may break out; finan-
cial crisis may occur; unforeseen events
ofvast import descend most unexpectedly
upon u.s. Some member Of the party
possessing far higher qualifications than
his, whose accidental prominence may at
this time secure his election, may then
come forward; one who would be the
verv man for the emergency the unani-