The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-06-02


and highly interesting question, not free from
officially has arisen in California with respect 70 the ac
lion Of It's legislature which has just adjourned the
subject Of senator Congress DR. Gwin, the present
incumbent claims that By virtue Of the for him.
which less than half Of the whole number ofyotes bat
more than given for any other oandidatehat i 70
say apl0rayhe Is elected senator result occasioned
By the peculiar provision o. her local constitution Against
this view, is contended that aoriy q the whole
number voting necessary o elect The constitution Of
the United States provides as follows
"The Senate Of the United States shall be composed u
two senators nom each State chosen by the legislature
thereof
The times places. and manner Of holding elections for
senator's and representatives shall be prescribed in each
State by ne legislature thereof
In 1852 passed BY the legislature Of CaiifOr
MIA declaring that In joint ballot for the election Of Un
ted States senator majority Of the given shall be
necessary elect II the question here there would
be no difficulty ia maintaining that Or Gwin was not
elected bat the antecedent law-maxing power Of the
State-the people in eonveuton-who had the right
adopt perfect and entire code oflaws Is they thought
htthis power had attempted in the constitution 10 pre-
scribe the Of eectug United States aud
the question arises whether this not complete
else Of the legislative power Of the State this subject
which creature Of theirs could afterwards override
The constitution provides as follows:
In a elections by the legislature the members thereof
shall vote pra roe and the vote shall be entered the
journal
"a PLURALITY Of vorEs GIVEN at any election shah
stituie choice
The election Of United States senators is spoken Of in the
constitution Of the United States and the act Of appointing
is therefore election and is embraced in the con-
sutional provision that plurality given day election
shall constitute choice The language is strong if
the constitution of the State had in this wise The
Legislature which hereby shall not hayepower TO
declare that majority Of shall be necessary to con-
sute election for senator OF the United States" Had
this been the language could the legislature the mere crea-
of the State constitution have made different rule on
the ubject2 They have attempted pass act In di-
rect conflict with the State eonsttuuonan act which
purpors continue in operation from year to year until
that their power to pass such an act is
derived from the national constitution in clause which
regulates the election Of officer Of the United States
government
We can discover of public policy Tor holding
that the paramount legislative power Of the State in con-
vention may not settle fundamental principle that in
the election of United States senator plurality shall
elect Is such provision by such body exercise
Of legislative power completely answering the rcqustion
Of the articles Of Union What i'll effects possibly
suit from holding that rule laid down by the people
State in the deliberate manner satisfies the
qurements Of the national constitution? We perceive
nonaud it may be supposed that the Senate Of the Uni-
ted States will require that strong Of this cbarac
ter shall be presented before holding that the original the
highest Iaw-makng power of the State cannot prescribe
the of holding such elections but it only be
prescribed by the inferior body which that original power
brings being The question is free from difficulty,
and we do not intend do than coincide with the
Washington Union in expressing strong impression
that DR.. Gwin is entitled his We pub
sh in columns to-day article this subject under
the cognomen of A Jurst,N from gentleman who hns
occupied of the highest Offices Of Of the
United States with distinguished ability