The Empire County argus., 1854-02-25
ASBCRI DICKENS,
SecrctarY of the Senntf

ASBURY DICKENS,
Secretary of the Senate.
According to the Secretary therefore, unint r
ruptcd custom, backed by the spirit of the Law has
sanctioned this Session, Gas the one 'prccedng the
commencement Of the new term" Of March 4tl
looo) to be the proper time for holding on election
to supply the seat Of Mr.. Gwn: and it is really
matter of surprise that any could be found. among
these who have the remotest knowledge of the pen
altes OF deception, to assume, that the unmistakabe
language OF ''"en PTeceding the commencement Of a
ncw term should be received rs meaning, the midst
Of Session wtea such raconcy occurs
W hle using the evidence of Mr.. Dickens ror our
case hberahty induces us to admit few precedents
(cyidently overlooked by him. which disturb his
rule, though not sufficiently to make rule them
selves The cases of Pratt of Maryland, and
hlte, OF Tennessee, readest to our minds ::
and in alluding to them feel it our duty further
to say, that though Mr. White was elected nearly
three years IN advance Of vacancy, it is said to
be IA part of the history of the times that his
election wa received by the people with general
satisfaction
At this point too. we are willing to concede that
the prccedents of Mr.. Dickens, though they all
make IN our favor not to be taken rs obligatory
on the domestic action Of he State We recognize
the sovereign right of California to make rules for
herself; we desire to see her act independently
when it suits her: to reject if she like, the thral-
dom of old opinions, especially when unduly put
forth in scarecrow appeals to 'time-honored usage;
that when not controlled by positive law she will
not be bound by any dictates but those of her own
solid Judgment and paramount will Custom, how
ever Is entitled to some attention, and before
state Ignores the proper respect for precedents
which lies within the boundary of her reserved
rights, we would ask. in her name some better con-
struction Of language than the boiling translation
Of the Sccrearys letter and some more respecta-
1n tl,,p o,,1 E,l. l,.:, 1ol
and brdled, and driven i'll triple tandem, by and
with Custom House Collector
Law and practice-the Constitution and the
weight Of Customs-ail repose on our side; and
each will be violated and our rights forecone, if
the election be illegally postponed and transferred
to the stormy centre OF session, during ictict the
vacancy occurs.
Moreover an election next year, in addition to
being out of rule, would be dangerous in policy, in
adequate to tie requirements Of the State, and
unjust to the member who may be selected for the
place Dangerous, because it would imper the
safety OF our party and because it would enlarge to
us the risks Of tne next General Election. lnad-
equate to the necessities OF the State, because the
ensuing Legislature may fail to choose in time to
meet the exgency Of an Executive Session on the
4th March Of 1896 and unjust, because it banish-
es a representative who has served his State suih-
GENTLY we'll go be rewarded, to take q six years
exile at an hours notice.
There arc obligations on both sides and a State
which asks man, who may be largely identified
with her by widely distributed interests to become
her public agent for 50 long period as six years.
should afford him tilne at least wind up his per-
sonal affairs in manner not altogether ruinous to
himself. In this regard California stands different
ly from every other State in the Union. We do
not speak so much with regard to her geographical
distance from the National Government. though
that is something, as with regard to her domestic.
financial, mineral, landed agricultural and social
condition. 1t is plain Il representative may not ar
range his business in either Of these departments in
two or three days or weeks as in an Atlantic State,
to undergo an absence Of six years; and we venture
nothing when we say that for ten years to come,
the State of California should elect Senators at
least year in advance Of the rule Of other
States.
Indeed, if alteration for the future, of the rule
which justtes the election now 6c advisable at all,
we should much prefer an enlargement of the mar
gin for choice, to "A curtament of the already too
restricted period Gcy preparation. That preparato-
ry period Gas fixed by recent resolution between
the 9th OF next March to the 4th of March cnsu-
ing) is short of year and, while you bear this in
mind, we trust you will not forget to award due
condemnation to that want of truth which has vic
iously misrepresentcd this period as an advance of
two and three years.
1t suggests itself to us here that the Congressional
Of California elected more than
a year in advance those to be chosen in the COM
ing fall receiving their certificates thirteen months
previous to the session when they take their seats
those ''martyrs of principle and apostles of con-
sistency-who are SO ready to sacrifice Democratic
ascendency rather than u. S. Senator elected !