The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1858-08-18

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from yesterdays Enquirer.
Co1uMBts. Thursday, July %, 1858.
Hon. Gko. E PUGH Dear S'1':
Will you, at your earliest eonyenienee, give tho
undersigned members Of the present Ohio Leg
islaiure, your opinion as to the constitutional
~ and legality of said Legislature electing a
United States Senator, whose term shall com
mence at the expiration OF ycur present one?
b. A. C. BAGLEY, Hamilton County. Ed.
|. G. COLLINS, Hamilton County.
4l JAMES SAFFIN, Hamilton County
JOlIN-L. HUGHES, Highland County
r R. WILSON, Marion County.
j. P. COWAN, Ashland County. ......r
A. JENNER, R'chland County. ~,
c. C. MARSHALL, Allen County.
fsHC P. EDISON, Van Vert County. '"
C. HUGHES, ButlerCeunty. 3-Bi ST.
CISeIHNATI, W Wednesday, August A, 1858,
have to acknowledge the receipt ofyour IA
vor dated the 28th inst. 1t is my opinion, de-
cidedly, that the present Legislature cannot
make any valid election ofa Senator in Congress
except to fill some vacancy caused BY death, res
ignation or orexpusion.
The Constitution Of the United States arti-
Gle /, section 3, provides that Senators shall lie
chosen by the Legislature Of the Siatesj shall
be chosen, (except in such cases of vacancy as
have mentioned) for the term ofsix years; and
shall he divided into three classes, "as equality
as may be-" in order that the seats ofone third
shall'beeomc vacant upon the expiration of evl
cry second year. s., /. r.s vssfsaI ,rfo.;' ftled
In thus appointing the Legislature Of each
State an electoral call for the choice Of its Sem
ators in Congress- the Constitution did not in
tend to onerlany larger authority than had
ben conferred (in the second section Of the same
article,) upon another electoral college; that,
namely, to which the choice Of Representatives
in Congress Is committed The electors Of a
State Legislature; the electors Of Representa-
tive are those qualified to- vote for members oi
the most numerous branch of the Legislature;
but, in either case, it is the right Of choosing a
Senator or a Representative, at the proper time,
which the Constitution has conferred and not
the right OF choosing the one or the other at any
time, in season or out Of seasun, as interest or
favor, or caprice may dictate. The proper time
for an election, whether ofSenator or Represcn-
tativc must be ascertalned from the scope and
language Of the Constitution, as interpreted on
aided by the general principles Of law. .r..,fa
1t is an ancient doctr ne, and one TO which
very few exceptions have been allowed, that,
except in the case of ministerial office, or such
as may he exercised by deputy, no selection OF
appointment can be made 20 any office in reyer
Son or, in other words, TO an Office not already
vacant For, as it has been well said, an office
is cfpersonal trust and confidence: and he who,
at the time of any election or appointment in
reveTSion, was able to discharge all the duties
required, may be unable to discharge. them,
whether from unsoundneSs OF mind and memory
or some other cause, at the time when the va
caney occurs. tar (
Unless we adhere to some such doctrine, with
respect to the choice of Senators in Congress,
the wisdom Of our Federal Constitution will be
wholly frustrated. That requires each Senator
to be chosen for SIX years; in order (irst) that
he MAJ be subject TO the accountability conse-
gent on periodical elections, and [second) be
removed from the sudden influences OF passion
turbulence or intrigue, by which the choice Of a
Representative is too often surrounded. lt.s
Now, if any Legislature except that which
is in being at the expiration Of Senator's term
could re elect oI supcrsede him, presently or in
future, then one or the other and perhaps, both
Of the safeguards intended by the Constitution
will prove Intellectual. For instance, had the
Legislature which chose me as the successor Of
Governor Chase, in March, 1854, also chosen a
successor to Judge Wade, it would have antic-
ipated, and, as the result shows, have thwarted
y
islature, by which Judge Wade was re elected,
also chosen my successor it would have depri-
we'd me of the advantage Of that appeal to the
people in October, 1857, upon which you were
elected. And the present Legislature, ifit can
elect my successor, whose tenn will not com
mence until the 4th of March, 1861, can as well
elect a successor to judge Wade for the term
commencing two years thereafter. '4'' N.l
Ji The Constitution requires, as have said, that
the terms Of one third ofihe Senators shall ex,
pire every second year; and this, with O view o.
ascertaining, and, as. nearly as possible, repre-
senting the choice Of the people, expressed
through their State Legislatures at certain Pc
riods. But how futile such provision ii tht
members OF any l. 'glslaturre lalthtou5h their owl
terms will expire long before his) can shield
Senator, by anticipated re election, from The
ofoeai tnrousi ~hleh the e,eohs.i'u'ion m'chaet
ne should pass or Dy Supereed'ng him IN aa
vance o. sucA oiueab eAeluae .he 9Ppor'ulh'.
lor aeliDerale Judgement upon hiS pnoHc career
that Vlndicauon OF commentator, ~ py lapse
Time wh'ch inc oohs'isnuof mas interfosea'
ionder ourSgslem OIL oehhiai eleetiohs, there
lore, me Leglsiatlfe 70 oeaehosen IN uctooef
1899, Is the Legislature appointed by tbes Con
stltution or the .enHed Siates 70 eject my sue
cessor, because ehat VIII DC IN eN'S,ehce,-~,
he the Legislature o. ohio--on 'he 46h 81 aci
l8ol, when ny Term expires, Aild ihasmuil
as its members. y actually IN session m upoh'. IN
4th OF March, 1871 could taen eject senator
SO, having at once the f'gne OF eiec'lon' ana th
express power 70 prescribe the tlme' place an
manner o. the election, llh tiie absence 81 ap az