The weekly Placer herald., 1854-03-25
From the Mountain Democrat.
Judge RalstOn1s Letter.

rate letter of Judge Ralston on the Sena-
torial question. 1t is certainly one OF the
most convincing arguments against that
iniquitous scheme to disfranchise the peo-
pie that has appeared in print, and de-
serves careful and dispassionate reading.
We knew Judge Ralston in Illinois,
where, as a profound jurlst, eminent
STATESMAN, and pure and unfilnchlng
Democrat, he stood second to none IN
that unwavering Democratic State. Ihe
opinions of the honest old statesman will
be read with interest by the numerous
llinoians in Ell Dorado.
His letter and the address Of George
Wilkes present remarkable contrast, a
contrast not very favorable to the latter
the address filled with empty assertions,
fierce denunciations, arrogant asSump-
tions, vague hints, and nonsenslcal decla-
nation, and the letter mastery review
of the constitutionality of the question:
sound, pertinent, argumentative and logl-
CAL One the production of statesman
and iurlst, the other of demagogue,
having but a superficial knowledge of
politics. We commend the letter TO
careful consideration.
SACRAMENTO, March 7th, 1854.
SIR: To remain silent when an I'M
portant political question agltates the
country, after being called upon most re-
spectfully through public newspaper to
express my opinion, would imply an in
difference on the subject which cannot
feign, or a timidity which do not feel.
therefore answer your inquiries without
reserve, and declare myself uncondltion-
ally opposed to the Senatorial election at
this session of the Legislature.
This question is not new to me. As
early as the year 1899, the question OF
electing United States Senator year
in advance of the usual time was mooted
in the public press in several of the States.
| remember it particularly in the State OF
Illinois, where | resided.
That State had then a Whig Legisla-
lure by small majority, and Demo-
cratic Governor. The Legislature were
called together to act on some important
matters connected with State finances.
Before issuing his proclamation for the
Legislature to convene, the Governor
having fears that they, if convened, would
elect United States Senator, did me the
honor to request my written opinion as to
the power of the Legislature under the
Constitution of the United States to elect
a Senator.
The case was analogous to the present.
New representatives to the Legislature
were to be elected by the people in the
ensuing August, to NEE: in December.
In March thereafter the Senatorial term
was to commence.
devoted such time to the considera-
ton of the subject as its great impor-
tance seemed to require, and finally gave
my opinion that such election would be IN
violation of the constitution of the Uni
ted States, and that Senator so elected
would not be allowed to occupy his place
in Democratic Congress. Subsequent
reflections and conversations on the sub
ject with many distinguished jurists and
statesmen, have strengthened the convic-
ton of my mind. The Wing Legislature
when convened, made no overt movement
"to steal a march upon the people," Gn
the graphic language of the day,) and the
question has not since, to my knowledge
been agitated, until recently in this State.
refer to article lst, section Sd Of the
constitution, which provides
"lmmediately after they shall be assem-
bled in consequence of the first election,
they shall be divided as equally as may
be into three classes The seats of the
Senator'S of the first class, shall be vacat-
ed at the expiration Of the second year,
of the second class, at the expiration of
the fourth year. and of the third class, at
the expiration of the sixth year, so that
one-third may be chosen every second
year."
The first Congress was designated to
meet on the third Of March, 1889. The
Justification under the constitution was
then made, and the first class went out of
Office in two years thereafter, when their
successors came in. The classification
has always been made in like manner for
the new States, in order to keep the three
classes as nearly equal as possible.
Before the admttance Of California into
the Union, the three classes were precise
ly equal, numbering 90 in each. Our
Senators ascertained their classes by lot.
Col. Fremont drew the first class and
went out Of Office at the then existing Con-
gress. DR.. Gwln drew the third class,
and his term expires the 4th Of March,
1855 The time when each class of Sena-
tors goes out Of Office, is positively fixed
by the constitution. The seats of one
third shall be vacated every second year.
The same clause in the constitution is
equally explicit as to the time of the
election of their successors, 0ne-thrd shalt
he chospn eqeru spe0nd Dear A strictly