The weekly Placer herald., 1854-02-11

from the present period back to the adop
tion of the Constitution ot the Uhi1ed
tates, and found that 're was not a
sing @ instance of the violation of this
general rule. that the last Leg stature
preceding a ne,c Senatorial term, had he
right 10 elect.
Custom everywhere makes the law
We are not opposed to the caucus system,
when it is necessary to harmonZe ana
concentrate the action OF the party on
men or on matters of policy, which do not
involve the surrender of principles; but
when bold attempt is made, by the use
of this system, To invade time honored
usage and long established custom. which
now amount to constitutional law; we re-
pudiate it, and deny the right of one por
ton Of the Democratic party to compel
the minority to submit to this Inonstrous
dctation.
Majorites may he wrong; and the ac-
tion of the accidental majority OF the
party in this instance, if it he majority,
we honestly believe is an invasion of
custom that has become as absolute as
law, and sacred AS truth itself. Mr..
jefferson, in his first inaugural address
says that the will of the minority is in all
cases to prevail; but that wi to he right
fu! must he reas nab e: that the minority
possess their equal rights, to violate
which would be oppression.
We consider the action of the majority
in this instance a. unreasonable and not to
he regarded, because they would force
the minority into caucus and make US
bliudly submit and vote for Il measure
LII tn a
upon the sovereignty of the people.
The democratic rule, which is a
supreme law with us, recognizes the right
of the people to govern, and iorhid> the
exercise of power not intended hy them
to he delegated to their present represent
tatives. VI e know that those " ho sent
us here did NOT intend, hen they elected
us, 10 auhnri>e us to elect Z. States
Senator HI this session.
We cannot, therefore. as consistent
Democrats assume his power.
1t is urged by the friends OF this mea
sure that it is necessary to elect this win
ter, IN order that the successful person
may have time to travel over the state,
and study the wants of our people. We
say in answer to this that if the next egiS
ture elect in january, 1855, that The sue
ces>ful aspirant will have from that time
TIL the l>t Monday of December, follow
ing, some ten months, to travel the coun-
try, study the interests of the people and
get to Washington City i}ut say the
friends of electlor, ir Gwin'~ term ex-
pires on the Srd March, 1855, and his
successor, if the next legislature shou d
delay the election for two months, cannot
get to Washington in time for the exeru
tive session, which will he he Id after the
adjournment on the s d ot March! Now
this is mere sound anr fury, whlch signl
fieth nothing. The only executive ses
s"ns we have had for years (cn led eS-
peria ~ by the Pre>ldent) have been IN
mfdatly after an inauguration, to confirm
the appointments of Il new President
If an ecrion Is carried this winter,
two years before the time, the same rule
will low us AT once to elect the succes-
>or Of al. We Ter.
In Tennessee It has cen the custom, so
jealous have heen the people of their
rights, to elect on seyera occasions, not
before but nctua ly after the term Of ser
tionS.
He HtFGtHltS Oh dH PHcIIDH NJ lniS
session have endeavoreh To fnrtify their
position and defend the propriety of their
course hy quoting various preredrnts.
These we have carefully examined and
will briefly notice them. he first in
poin. of time, on " hich they rely, is the
ease of Hugh Lawson VI hite of Ten
neSSee
he facts are these: that in October,
1925, Mr.. W hite WAS elected by the Leg
i>luiure of that State 10 fill the unexpired
term of General JarkSon, whirh would
have terminated with the session of on
greSS ending 81 March, 1929. In October
1927, MIR. White was re elected for the
constitutional term of six years, to com
mence 4th March, 1929, and terminating
in 1885 / he sessions of the Legislature
were at that time, and are now, biennial,
and held in the month of Octnber Mr..
White'S first term expired on the s.
March, 1929, and The Legislature met in
the October fol owing. Now, had not the
Legislature of Octoi er, 1927, made the
election, the state of Tennessee would
have been represented by one Senator
only, in the executive session which con
vened March 9Th, 1929, TO act upon ap-
pnintmrnts to he Cabinet, and to fill for
eign missions in General Jackson, first
administration. So that he was elected
by The Legislature next preceding the ex
piratinn of his first term. 1t is believed,
that this was the first instance in Tennes-