The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-05-18

are watched and hated by the rulers OF al EUROPE ana
they win leave stone unturned to accomplish our dis
union or retard our growth AMERICUS
From special q Times rrnseptJ
SENATORIAL ELECTION--THE NEW PHASE WHICH
1T HAS ASSUMED.
SACRAMENTO, April % 1855
The senatorial question has assumed phase ~ the
capital which has created little utterng in the dsaf
1eeted wing Of the democracy. DR.. Gwn was consttu-
tonay elected the first ballot that took place
the joint of the houses Of the legislature
in January last On the ballot he received ovro votes
and Mr. Edwards the next highest candidate Mirfysfr
which gave Gwin plurality of six votes
The ssth section Of the 4,h article Of State const
tuition declares that in ceectiors by the legislature
the members thereof sA vote cpa roce and the
shall be entsred on@hcjournala
Section 10 in article eleven declares that "a plurality
of given at any election shall constitute choice
where not otherwise directed in this constitution
Under these clauses of constitution, DR.. Gwn is
clearly elected United States "a plurality OF
votes gwen at any election constitute choice
This is broad the English language make il, and
every election in the State not nterdcted in the
constitution Where in the constitution il plurality in
terdiced2 In the alterations Of the constitution ITSELF
and removal of the Of government These the
only EXCEPTIONS and all other elections governed by
plurality This view Of the question is in strict
eordance with the constitution Of the United Sales> In
section four of article first 1t is declared that The times
places and of holding elections for senator's and
representatives shall be prescribed in each State by the
legislature thereof but the Congress may any time BY
law make alter such regulations except the place
of choosing senator's"
Times places and manner Of holding elections for
aors The first complied with by legislature ia
this case in passing the joint resolution TO go into
election the 18th Of January The second "the place
that it should be in the hall Of the house Of assembly
- a.. II. 49,;
ton Of both houses What constitutes an election The
legislature may define within the tuition the State
That constitution declares that plurality Of poss
saH constitute choice and any act of the legislature tina
conflicts with this part Of the constitution Is null and void
DR. Gwin having received apluraty Of votes over
Mr. Edwards the first ballot 10 joint convention was
then conaiitaiona,iy elected United States senator
Is egdant the constitution Of the United States con-
fers power e legislature declare in opposition
to the constitution of the State, what she'll constitute
choice of senator.
Times, places, ana manner Of holding elections Is in
the same section designated regulations which Con-
gress at any time may alter except the place OF
choosing The Of choosing senator's diff
fers in the States In some Massachusetts New
York Indians and perhaps Others the two houses vote sep
aratey, In others TIE legislature joint convention
and such the Of choosing senators adopted here
IN the consultation n oieg State e he Inen oreepi Cal
yonia Is declared that pluroliy ef vo8 shau conafif,
ehoee ELScros; and until that clause IS altered
the legislature can pass law that conflicts with il
The quotations from the State constitution are literally
The printed copy is wrong when il says an cleo
ton. In the original II reads sang election as we have
quoted it.
Fhs yes f the question we before said has quite
changed The aspect Of aatirs here Dr. Gwin il seems
fully Of his constitutional right 70 seat ID the
Senate but anxious to haronze tie democratic
party by getting all the members Of that party in the leg
islature into caucus and rafy the nomination conferred
upon him at the commencement Of the session. and then Ii
joint convention confirm bis election by their votes Since
his home he and his friends have aborca assid
uousy TO bring about this result because shey enter
tain any doubt Is 20 bis constitutional right 10 bis seat
but to harmonzc the party aud lei II prcsen an unbroke
front IN the next election Bat the outsiders who have
egeised banefu influence aestroying the harmony
of the party during the session. with few rrg yw fac
uonss ia the legislature beye thus frustrated these
efforts and II is likely close with the eud OF the last
year embiered by the factous course of the minority
who under the lead Of unprincipled aspirans are de-
termined TO rule ruin They may be successful 10 the
extent of insurng defeat the election for the de-
ocFacy VIII have contend only with the ,sbigs
know nothings and bogusiles but the flying srtIlery
Of the present legisatDse who with their outside leaders
and abetors viii be driven In disgrace ignominy from
the pale OF the party Bat the election Ia settled
Dr. 6win Is eonstitutionaly chosen win present him.
self the bar Of the Senate at the Of The
session. with the evidence Of this fact and IA that
body il The so dgs under The federal constitutions az sbs
election Of lis members It's net 10 admitting him 10 Biz sea
will be the final disposition of the case No matter how
much may depore the disasters that are likely 10 he,
the democratic party in the election more from treas
on among wcold-be leaders than from Aay legitimate OPP
position, yet win not have to suffer from The bapeal
results that would have followed Ia having vacancy ii
one representative ia the United States Senate
In the approaching struggle the democratic Marty viii
be purified All traitors viii be expelled and driven nto
the ranks OF the common enemy and their fate will deter
others rom similar treason in fature political con
tests brighter VIII dawn upon our political organ
taton, and the peopls will give their votes With conf
dence tnal he p9wer they intend to confer will be
abused.