The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-05-27
rHE sENAroRIAL QUESTION N oALIFoRNIA.


fornia IA exciting much discussion in that State II may
be briefly presented by remarking that there is no statute
law Of California which prescrbes the rule as TO the cleo
ton az a senator-,ghcher il shall be by majority or
plurality vote But the constitution Of the State declares
that "a plurality of votes given any election shall con
si,ne choice when not otherwise directed in the con-
stitutonp No other rule is prescribed in the constitution
and the question is whether this provision OF the State
constitution Is applicable TO elections Of senator's iii Is
il settles the question of senator in California as Dr.
Gwin received plurality vote the first ballot in the
effort 10 choose senator the late session Of the egsa-
ure We understand DR. Gwn claims TO be entitled
to take his seat this election and that he proposes
to do So Without discussing the subject intending TO
express any more than strong impression that Dr. Gwin
is entitled his seat senator we present the leading
arguments on the two sides the controversy find
them stated in the California papers. The argument in
favor Of Dr. OWNS election is as follows:
The sh section fourth article OF State const
tuition declares that all elections by the legislature the
thereof shall sra uoce and the votes shall be
entered n the journal
Section twenty article declares that "a plural
ty OF given any election shall constitute choice
where not otherwise directed in this constitution
q Under these clauses Of constitution, Dr. Gwin Is
clearly elected United States senator "A plurality OF votes
given any election constitute choice This is as
broad the English make IL and covers every
election the State inerdcted in the constitution
Where in the constitution is plurality nterdiced In the
alterations the constitution ITSELF and removal Of the seat
These the only exceptions and all other
elections governed by plurality vote This view of the
question strict accordance with the constitution of the
United section four of article first it is declared
that the times places and Of holding elections for
shall be prescribed each State
the legislature thereof but the Congress may at any time
law make alter such regulations except to the place
of choosing senator's
Times places and Of holding elections for
ators. The first complied with by legislature in
this case passing the joint resolution to go into an cleo
ton the 18th of January the second, G the place,
should be in the hall Of the house of assembly of the
capitol the third the manner,) by joint convention Of
both houses What constitutes election the legislature
may define within the constitution of the State. The cons
tuition declares that plurality Of votcs shah constitute
choice and any of the legislature that conflicts with this
part of the constitution is null and void.
CDR Gwin, having received plurality Of six votes over
Mr. Edwards the first ballot in joint convention then
constiutiohauy elected United States senator.
Times places and Of holding elections is in the
section designated regulations which Congress at
any time may alter except place of choosing
The Of choosing senator's differs in the
era States. In some Massachusetts, New York. Indiana
perhaps Others the houses vote separately in 9TH
the legislature in joint convention and such the
of choosing senators adopted here IN the constit
on Of other State Of the Union, except California, IS
declared that plurality Of shall constitute choice in
ELECTION and until that clause is altered the legsa
ture can pass law that conflicts with it.
The quotations from the State constitution are literally
correct The printed copy wrong when it says election
In the original reads any election, have quoted it,
The argument the other side is as follows;
The Office United States senator is not created by the
constitution State by the legislature of the States
It is not State but federal office The constitution of the
United States the Office cones the power of election
upon legislatures of the different States, allowing them
arrange the time place. and OF election reserving
federal Congress- however, the absolute right to make
regulations except to the place of choosing
senator's exception unmportant and pertaining entirely
to the convenience election and of which the federal Con-
gre could not well to judge In the event Of no
law passed by Congress, the legislature OF the State
scribes the place, and time OF choosing SENATOR
subject of course the constitution of the United States
be dictated regards all the important pre-
requisites the election at the option of the federal Con-
gress
any interference the part of the consti
State with such election would be absurd and
for the constitution of the State decide what shall consti
tute election held under, and by virtue of the pro-
of the constitution of the United States for
" federal Office, might conflict between the fed
eral the State entirely unnecessary and
in which the would be obliged to yield The method
election OF United States senator is matter entirely
statutory with which the organic law of the State could
properly medde 1t very true that many provisions
Of constitution appropriate for statutory
than organic law but this not and in
instance did the Of constitution commit the alb
surdity of attempting legsat for the Union The
formation the constitution Of the United States
quasi compromise between aistocracy and democracy The
object sought to create government sufficiently strong
the legitimate purpose Of Unon the danger to
be avoided federal sufficiently great to oveshadow
individual States The desired object obtained by
cessf commngng of popular and delegated power and,
among matters the election Of United States senators
reserved from the direct popular voice and given to
power delegated by the people, but subject to federal
vision CONTROL Thus with desire of concilating the
popular favor the times, and places of choosing
United States left nomnaly to the legislatures
of the States The power alter any such regua
tons in the unimportan particular Of place,
served the federal Congress- acting conservative
upon any movement of the legislatures
preserving the balance Of power between the federal and
State governments and making the office of United States
purely federal Office well in inception in
Constituting them the constitution OF the State and
of the United States together and giving due weight to the
objects and intentions of both there need be conflict be-
tween the two and properly Interpreted there is nome"
TREATY WITH ECUADOR.
We have been furnished with translation of the follow
ing paragraph from Quito (South Amcrican) newspaper
which exposes the many ridiculous abricatons that
"A,