The weekly Placer herald., 1854-02-11
nd proceeding to a new election, Elisha rot
ter WIS chosen senAtor

u
IN the ,enate, which convened in December
1888 From an examination of the Report OF
tie select Comm ttee, to whom this case was
eferred it appears beyond doubt, that the
subsequent legislature had declared the eec
tion of Mr.. Robbins VOID, becaus the legslh
ture by which he had been elected had no
legal existence at the time: that it WAS body
of citizens merely. deriving no authority tor
their acts from the charter, which was the
fundamental law of the state, that all the
laws passed by them were null ana OF no ef
feet, alike nugatory with the act which had
construed Mr Robbins n Senator The time
and manner of the election OF Mr. hohhlns
did not enter as elements in the contest; both
had been in accordance with previous laws OF
the tate. and the whole ground of the CON
test hinged upon the legality Of the body
which elected him he most ingenious so
phistrv cannot discover precedent, nor find
an analogy in this case.
Again: the case of Thomas G Pratt, of Ma
ryland. has been referred to and is said to
furnish an example in favor of an election
this winter but the facts correctly laid before
you will expose the inaccurncy OF such
statement The fcts are these:
Reverdy Johnson of Ma yland, Senator
in congress, was called to the ahinet of
General Taylor. in March lS49 when the
legislature of Maryland was not in ses on
and the Governor Of the State. exercising the
privilege conferred by the constitution of the
United Statps appointed Davis Stewart in
tie place Of johnson resigned Mr.. stewart
took his eat on the 5th of March, 1S49, at
the executive session. and again Mt the regu
lar session on the first Nonday of December
1S49. on the 9th of anuary 1850 Thomas
G.. Pratt was elected in his stead. and to fill
the uuexpired term of Mr. Johnson ending
Narch 3,d 1852 he same legislature also
elected Mr.. Pratt for six years the full con
sttut onal term. to commence the 4th Of
March. 1851 and ending Sd of March 1857
After this legislature adjourned. j 1850, no
other leg stature convened in that State un-
I'll the first W Wednesday of January, 1859
MIR Pratt had then been q senator on his full
term more than ten months; and had he not
been elected by the legislature of 1850 the
state would only have been represented by
one senator in the session commencing n De-
cemher, 1891.
His. re election, then, by the same legis
lnture for full term was necessary to pre-
vent an interruption in the representation of
the State. N the senate OF the United states,
and thot re election was by the legislature
which immediately preceded the expiration of
fhe term.
Nenssert II rs fact that every precedent
that can he found as to the custom of the diff
ferent states in electing United Sta es ems
tors will only confirm the general rule. htt
The iegisiature next preceding neD Sena-
tori0l term has the right to elfct
1t is due TO you fellow cit zens. that we,
your representatives should Just fly our
course and state the grounds Of our opposi
ton to a mems re, hich. we believe if sue
ceSsful. will hlsh most reckless and dam
rerous example in our state LEGISLATION. We
have don this fairly and frankly. We now
await YOU verdict, proud in the conscious
ness Of having done our duty and win icated
the right " know that the power behind
the throne is mghter than the throne itself,
and to this power we look with confidence
and hope
SENATORS.
B. r. Keene, President, pro tenn, Ell
Dorado county
Joseph Walkup, Placer.
G. w. Hook, Il ltorado.
w. B. Nay. Klamath and Trinity.
J P. Mcfarland, Los Angeles.
Charles A. Leake. alaveras.
John L. Cr-n>haw, Nevada
thomas Kendall, 'Iuo umne.
Char eS A. Futile, ? acer.
James Fl. Gardner, Sierra.
J. M. HudSpeth, ~onua
REPRESENTATIVES,.
e. S Fairfax, Speaker, Yuba.
Joseph S Watkins. Alameda.
John S'enmonS, San joaquin.
Marion W. Gordon, CaIaveras.
A. e.. Bradford, San Joaquin.
John Mus>er, Trinity.
F.. A. Stevenson, FL Dorado.
Phil. J.. Herbert, Mariposa.
james A Bennett, Snnoma.
E. o Frank Hastings, >utter.
E. E. Carr, Los Angeles.
Pedro C. Carrllo Santa Barbara.
j. w. Mandevil!e, ! uolumne.
George n. Cornwall, Napa.
John B. McGee of Butte,
Seneca Ever. Butte.
Fl. P. SweetIand, Nevada.
C. A. Mcdaniel, CaI"veras.
James Y. NcDuffie, Yuba.
w. D. Aylett, Si>kyou,
John {. james, Sierra.
Francis Anderson, Sierra
$. G WhippIe, Klamath,
Joseph A. Tivy, uIare.
Edward Hunter, Los Angeles.
Charles P Foell, San Diego.
John He~ry Bo>rwck, Nevada.
F. M. Warmcastle, ontra Costa.
The United States Sloop of war Ports
mouth, accompanied by the steamer Co.
lumbus, which has been chartered by the
Ill al, Il \