The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-06-02
For the Journal Of Commerce,
CALIFORNIA SENATORIAL ELECTION.

The case Of Dr. Gwin Is thus stated by his opponents
CALiFoRsrA-Gws ELEcTED.--The senatorial
question still remains unsettled and California will remain
partially unrepesented for another year On The cons
uonality Of Dr. OWNS election the Alta California has
the following:
The last and shabbest dodge to secure the senatorshp
for Gwn tried yesterday in the Times and Transcript
in the way Of special correspondence from Sacramento
The senatorial question has assumed phase at
the capital which hos created little attering the dis
affected wing of the democracy. DIR. Gwin constitu-
onaly elected senator the first ballot that took place
in the joint convention of the houses of the legislature
IN January last On that ballet he received Eorty-two
votes and Mr. Edwards the next highest candidate thirty
six, which gave Gwn plurality of six votes.
The hirty-eight section Of the fourth article Of the
State constitution declares that IN all elections by the
legislature the members thereof shall vote uoce and
the shall be entered the journal!
Section twentieth in article eleven declares that a
plurality of votes given at any election shall
choice where not otherwise directed in this constitution
Under these clauses OF our constitution, Dr. Gwn is
clearly elected United States senator A plurality Of
votes given at any election constitute choice
The argument is very good as far it goes, but the
writer appears to ignore the constitution Of the United
States, which says;
1.-THE Senate of the United States shall be composed Of
two senator's from each State chosen by the legislature
thereof
The times places and manner Of holding elections for
senators and representatives shall be prescribed in each
State By the legislature thereof
In accordance with those provisions was passed
in 1852 that in joint ballot to elect United States
tor majority OF the votes given shall be necessary to
eect that Gwin is not after ALL His part-
sans at Sacramento however assert loudly that be is and
stick to it,
Now, from this statement it perfectly clear that Dr.
Gwin elected 1t is conceded, that in conformity
the provision ia the constitution the State Of Caior-
MIA by which the choice be made BY plurality OF
votes, he elected but il is said that this provision
superseded by subsequent enactment Of the egisa-
ture of the State Of California Now it will be admitted
that the statute Of California is null and pod where OPP
posed TO aprovison of the State constitution unless that
provision was repugnant TO the constitution Of the United
States But Is eontended that this provision Of the
situton OF the State Of California Is repngnant 10 that
clause as quoted Of the constitution Of the United States
declaring that the tmcs places and Of holding
elections for senator's and representatives shall be pre-
scribed in each State BY the legislature thereof
Now then, IL this be So the legislature ofCaisorna NAV
declare that The election Of senator shall be By ballot al
though the constitution Of the State declares Il shall be
vsa In Virginia If the legislature provide that the
election Of members ofCongress shall bcby ballot il would
follow that such election would be valid although the
constitution OF the State provides that the election shall be
uira poc and the would follow as to those States
which prescribe that the election shall he BY ballot SO as
70 those State constitutions which declare that their mem
bers ofCongres embraced in the words all eIecons sba
be chosen by plurality maori such action might he
reversed by the legislature for their power As 10 ames
places and manner Is the members and soma
tors under the provision that tbs times places and manner
Of holding elections for senafors and representation shall ~
prescribed 10 each State BY the legislature thereof YET M
has supposed that such clauses IN state cons,f
tons could he superseded BY legislative engagements nor
has any such suggestions heretofore been made
Tho argument Of Dr. Gwins opponents i basel on ~
erroneous view Of the difference between the powers az
State convention representing the people Of the state
when organizing State government under state can
stituton and the power Of State legislatures created H.
such constitutions In I'd Dallas 308 the supreme Cour
Of the United States declares Every State n the Union
has iE constitution reduced to written exacttude ana pr
cision What i constitution II "a the form of Gov
eminent delineated BY The mighty band Of the people n
which certain drst PriNcips or gna1nenta lava are a.
aeshed The constitution Is fired and certain il con
Ains me permanent viii Of the people and is the uprme
~ 2 toe iand = paramount 70 the power Of the leg
ssture and be revoked or altered only bv The
ny That made IL What the lsslatures7 Creatures
Of the constitution The constitution il the work or