The weekly Placer herald., 1854-03-25
The language of the Constitution does

construction, winch alter iOng ana unln-
terrupted use, should have the force of
positive law, forbids such election.
Above all the spirit of our Democratic
Government forbds the exercise of such
power. The greatest happiness is enjoy
ed by intelligent freemen when the Gov
ernrnent is most subject to their immed
ate control. If officers hold place dnrng
| fe, or for long term of years, they be-
come independent of the people, the COM
mon source of political power, and the
government will become arstocratic.-
Our form of government has slight mix
ture of the aristocratic, with the more
predominant democratic features. The
Senatorial term for six years is an aristo-
cratic feature, the operation of which
many of our best democrats have regret
ted to see. If the Senatorial term shall
not expire for seven years after the cleo
ton. the leaven of aristocracy will be still
more extensively infused into our form
of government.
Hamilton wished to provide in the con-
stitution for the appointment of Senators
for ife,--other men may seek to place
them in position and Office, in order that
they may exercise an official influence
on the public administration seven years
before the expiration of the term. This,
the spirit as we'll as the letter of the con-
stitution forbid. They shall be classified,
and one class shall be chosen every second
year, by the legislature last elected by the
people and convened before that time.
1t has been contended by the present
advocates Of an election, that it is not
unconstitutional to bring on an election
this session, because they say powers not
prohibited to be exercised are permitted.
In reply to this, insist that the constl-
tuition, as have shown, forbids the exer-
else of this power in express terms. |
further insist that this hypothesis is false.
"That which is not forbidden is per-
mitted, ,"was maxim of Alexander Ham
ilton, the father of Federalism. Under
this Interpretation of the constitutional
power he sought to fix on the country
his system Of national debts, insisting
that they would prove national blessing.
This maxim gave sanction to a national
bank, to the alien and sediton laws, and
to many other oppressive federal measures
in the early history of our government;-
all of which were swept from existence
by Jefferson, the apostle of Democracy,
who declared that powers not granted to
Government are reserved for The people,
The power to elect Senators is only grant
ed to the legislature at certain periods;
at other times it is reserved to the people
to be exerted by them through their rep
resentatves subsequently chosen.
believe the history of the States does
not furnish an example of legislature
electing an officer whose term of Office
was to commence after the election and
convenng of new legislature. | have
not before known of such understandable
assumption of power. No executive of
the National or State Governments, so
far as | have learned from history, ex-
cept John Adams, the second President
Of the United States, has ever assumed
this power. We are informed by the
history of the times, that near the close
Of his administration, he appointed many
officers of government and renewed the
appointment Of others to take effect after
the expiration of his own term. This he
did in order to reward his partizan ad
herents, and to keep the government as
far as possible in the same hands, who had
rallied to the support of his adminlstra-
ton jefferson dsregarded these APP
pontments; he treated them as though
they never had been made; so should the
next legislature treat the election of a
Senator by their predecessors. Such an
election is at war with the spirit of demo-
cracy, it is only sanctioned by federal
principle. No acts of John Adams ad-
lninistration were more universally con-
demned than those executive appointments
made by him to forestall the free action of
his successor. So believe no act which
the present legislature may do, shall re-
ceive so universal a verdict of condemna-
tion by the people as this election of
Senator.
1t is said that the party will be ruined
if the election he not brought on this ses
sion. | fear no party ruin, except such as
may be caused by desertion Of principle.
The Democratic party in the right will
always be nvincible; in the wrong, (if it
should ever become wrong,) ought not to
triumph; but we have much to fear from
selfish party leaders, who may use the
name Of democracy for unholy purposes
of individual ACKNOWLEDGEMENT.
object to the election at this time, be-
cause the question Of electng u. S.
Senator was not nooted before the country
at the last general election. The voters
did not intend to delegate this power,
they therefore reserved it, and have too
much confidence in the ability of the peo-
pie to govern, for me to justify such an
encrOacE rnent On their riuhts