The Empire County argus., 1854-03-25
CoIoma: Saturday, MAJ ch 25, 1864.


ter ana as tne Judge mas occupied prOmnent
position in the councils of California as we'll as III
Illinois, and his published opinions being public
property, we propose to take look at some of his
points The Judge starts off by saying he is uncon-
ditonally opposed to the election this session This
he has right to do. He then says:
This question is not to As early the year 1885,
the question of elcctng IT, $ Senator year in advance
of tbs usual time mootcd in the public Press in several
Of the States remember particularly in the State of
Illinois, where resided.
That State then had Wing Legislature by a small ma
jority, and Democratic Governor The Legislature
called together to act 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 u. s. Senator did the
honor request my written opinion the power of the
Legislature under the constitution OF the United States to
eloct a Senator
The case analogous to the present. New representa-
Sves the Legislature be elected by tho people
the ensuing August, to meet in December In March there
after. the Senatorial term was to commence.
That Whg Legislature, when convened, made overt
movement 'to steal march upon the people, lin the
graphic language of the dy and the question has not
not since to knowledge been agated, until recently i'll
this State.
With all due Difference to the talent, legal abili-
ties, and political knowledge of Judge Ralston,
differ with him to the analogy between the Hi
nos session of the Legislature in 1882 and the Cal
ifornia Legislature of 1854. The Illinois session was
special one, convened for specific purpose, and by
the provisions of the constitution of Illinois could
legsae on no other ubjects than those set forth in
the proclamation of the Governor. The Judge tells
''the Legislature were called together to act on
some important matters connected with State fnan-
ces.n Governor Carlin wished to have legal opinion
relative to the constiutonality of an act performed
by a Legislature convened for specific purpose,
and that purpose set forth in the proclamation, and
the action of the Legislature restricted by the
stitution of the State to the purposes thus cnumer
ted, applied to Judge Ralson for written opinion,
which very properly given against the constitu
tionality of an election at that session. unless it had
been specified in the call Well the Legislature
met, and although small majority of them were
Whg, it is presumable that they were acquainted
with the provisions of the constitution, and there
fore committed no overt act.
Again the Judge says:
Senators have therefore generally been elected by the
Legislature last convened before the Of their
terms. This has been the uniform practice since the
izaton of the Federal Government and no in
ss that Senators cannot be elected before their term
Necessity, economy and peccdents sanction such
election Ncit} Senator be elected when vacancy
exists except be done by the Legislature last elected by
the people, and convened under the constitution of the State
before the vacancy The language of the constu
ton does not authorize any State to elect Senator
Uniform and cotemporncous construction which after long
and uninterrupted 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. s.
believe the history of the States does furnish
example of Legislature elcctng officer whose term of
Office to commence after the election and conveniug Of
Legislature have not before known Of such
warrantabo assumption Of power
AS the Judge processes ignorance, we will ask
him to take look with us, at the map of the L. S.
Away up yonder in the northeast corner, directly
West of the State of Maine, and East of Vermont,
lies the State of New Hampshire We will select
this State, because it has produced some Of the
greatest legal and forensic talent in the Union
Wright, Cass Woodbury. Webster, Pierce, and a
host Of other worthless whose fame is as enduring
her Granite Hills claim her as their birth place
Whatever other States may have done--however
much they may have violated the constitution and
the laws of the United States, New Hampshire has
never been derelict in duty, and we have never
heard any one hardy enough, even in times of the
fercest political excitement, to accuse her of viola
ting the constitution
For some cause, which we cannot now call to
mind, vacancy occurred in her Senatorial dclega-
ZION in 1874 or As. The regular term expired the
4th of March, 1917. 1t is needless to enter into
detail of the political campaign in that State during
te year l845 suffice it to say that the 'Old Guard
eI democracy was routed, ana the w nlSS ana Free
Soilers elected majority of the Legislature. AS
consequent attendant upon victory, the Senatorial
Office was appropriated. Gen. Ciey was elected to
fill the vacancy, and John P. Hale to the reg
ular term, after the expiration of Mr. Cilleys time.
This at the session of 1896 Had it been
violation of the constitution of the United States,
would the Senate, without objection have allowed
John P. Hale to occupy seat in that body! 1t
is no fattering compliment to the statesmen who
composed the Senate, to insinuate that they would
tolerate, as a member man who obtained his po-
sition by violation of the constitution they had
sworn to support.
But, it may be pleaded that the doings of New
Hampshire never reached Illinois, where this con-
sttutional expounder resided. 1t is altogether pos
sible it did not. 1t might be stretching imagination
too far to conceive that ray of light should umc
Fgypt-as portion of Illinois is familiarly termed
that political intelligence from her sister States
should penetrate her darkness.
But we have not yet done with New Hampshire
The time for which Mr.. Hale was elected expired
on the 4th of March 1858 The Legislature Of N.
Hampshire at it's session Of 1872 elected the late
Mr. Atherton to for six years after the expira
tion of Mr.. Halc's term. Had this transaction vo-
\ IL sA..t.x L.