The Empire County argus., 1854-02-11
THE EMPIRE COUNTY ARGUS.
Colona: Saturday, February II, 1854.
TIE SENATORIAL QUESTION.

the present timc both at the capital and among the
people; and as it is of the chief clements ofelis
cord in the ranks of the democratic party we pro-
pose to examine it briefly, calmly and dspassion-
ately. The opposcrs of the election have travelled
over the whole range of subjects embraced within
the controversy and urged them with zeal we'll
worthy of men who are in earnest in their convic-
tions, and unbiased by personal motives or ambi
tious designs yet, when arguments and facts have
been presented to them they have abandoned posi-
ton after position until they have scarcely space
left to entrench themselves upon.
When the election of Senator this winter. to ill
the vacancy of 1855. was first mcoed, the ground
taken by some that it was in opposition to the
constitution ofthe State and the United States. In
searching for authorities we find the following on
the subject;
CONSTITUTION OF THE UNITED STATES
SEC s. The senate of the United States shall be
composed of two senators from each state. chosen by the
legislature thereof for six years. and each senator shall
have one vote.
Immediately after they shall he assembled in consc-
qucnce of the first election they shall be divided as equally
may be into three classes The of the senators Of
the first class shall be vacated at the expiration Of the
ond 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 third may be chosen every second
the recess of the legislature of any state, the executive
thereof make temporary appointments until the next
meeting of the Legislature which shall then fill such
No person shall be senator who anot have attain
cd the of thirty years and hccn nine wears citizen
the United States, and who shall not, whom elected he an
nlahitant of that state for when he shall be chosen
$ SEC a. The times places. and manner of holding
bed in each by the Legislature thereof hut the Con
grcss may at any time. by law. make alter such rcgula
tons except as TO the places Of choosing senators
Tpa .l,l1l L.. I.
returns and qualifications Of its members. and
jority OF each shall constitute quorum to 90 business
We are we'll aware that those opposed to an cleo
ton this session have entered into species of spe-
cial pleading, which would seem plausible to those
who do not reflect on the subject. They claim that
the spirit of the constitution forbds while the let
ter of that instrument ac the legality of such an
election, and deducing an argument thcrefrom they
endeavor to excite jealousy in the minds of the
people against those who chance to differ from them
in regard to the intent and meaning of the const-
tuition
AS far as we can draw conclusions from the ar
guments used thus far in relation to the consttu-
ional provision. and from that instrument itself,
each State is entitled to two Senators, elected for
six years each but it does not prescribe the day.
the month, the year in which they shall be elect
ed leaving it to the discretion of the Legislatures of
the different States to fix the time when they will
elect
One Of the most absurd arguments urged by those
who wish to delay the election till next winter is
found embodied in the following extract from the
Times and Transcript of Nov. Il, and is echoed and
re-cchoed throughout the country, and even by
members of the Legislature.
Any OF her construction would conccde the legisla
ure of this state, which meets VI January next the power
to pass law authorizing the two Houses then and there
assembled to elect senators TO FIJI h" successive prospective
senatorial terms for the half century Unless the
Constitution limits the elective power to the legislature
next preceding the expiration Of the il imposes
limitation whatever and it follows that the grant is
vague and indefinite that any legislature which uay be
disposed usup and without restraint the cc-
tive powers of all succeeding legislatures The
Citations of this absurd result, which sary follows any
other construction than that which we have adopted and
which has been sanctioned by the universal usa ge of the
country proves the correctness of our conclusions.
This argument has been answered al the STATE
Journal as follows:
It appears to that mination of hc Constitu-
ton of the Cuntcd States will show, that while the ccs-
ature have the power to elect one C. s. senator To- ill The
vacancy to be ococsiouei by the expiration Of Dr. Gwin
erm they have not the power to elect another Article
lst. section :ird says:
The senate of the United States shall be composed of
two senators fon each state. chosen by the legislature
thereof for six years and each shall have
Immediately tncy Snail he H-scmbed
of the first election they shall he divided equally may
be into three classes The seats of the of The
class shall be vacated ut the expiration Of the second
of the second class a the expiration of the fourth year
and Of the third class at the expiration OF the sixth year.
50 thai onc Aifdmy be et.scn eoe,y second yeu.'
1t has been urged that to bring on an election
this session would be violation Of the laws Of this
State. Let US see. There are only two laws of
this State which affect this question. The first is
the law Of Jan 80, 1852, prescribing the mode of
electing Z. S. Senators. IL fires time; but says
distinctly that the Senate and Assembly shall meet
together at such time as may be agreed upon by
both houses, and proceed to elect. We copy the
laws entire.
The other law in reference to the election members
of the other branch of Congress amt GTS the time 1t WAS
passed the session, April 2i, 1852. by The almost
unanimous vote Of the lcgsaue aHq requires the ccctun
to of year before the expiration OF The the
then members
SEC |. At the general election in the year eighteen
hundred and ffywO, and at the general election in each
second the.eafJer there shall be elected such number
of Representatives to the Congress of the United States
the state of California be entitled to-"
Says the state j ,UuH, (Nov. p " This law went into
effect and not wold of complaint then uttered by
those who oppose the election OF Senator the
rary, find certain names recorded for the bill who
fighting the same principle. Our present members will
not have served hat th"ir term before their will
be elected and not fourth of it they nominated" "
But it is impolitic to elect this winter, say our
opponents, because it takes away a valuable pre-
rogatye Of the people, and in defence of this posi-
ton, the San Joaquin Republican of Dec |, says
''If there is ample time for the election of senator bv
the legislature of lo55 who so bold urge, either for