Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1858-08-21

Democatic Convention, on thS qes6ldtiOu q.
fered by Mr. Kittrel, recommending -
ination of two suitable pars0h6 d too
for Congress to be voted for ct the next gsa-
cral election, Col. Handy, Of the QoFAdp .
delegation, said he opposed the Paa = OO.A
resolution, and would give the, COnventiOnv
briefly, the reasons why he could not yQsp fQe -
the same; that whatever might have '6Ssh y
urged against the cxpediency and the 'W8d0A, %
of passing the law Of the last session, SisfG1. II
ring the election Of Members Of the HQugO pf,y
Representatives of the United States. .gntii tke
general election in the year 1859 and the gen.
eral election in each second year thGiskiter,
and against the law postponing the elsqtion Of
Clerk Of the Supreme Court to the same pc
riod of time, he believed tho Legislature had
the constitutional power to pass these dAME
The Constitution of the United States, tho
fundamental law Of the Union, pFeseEl6iMI..-
the election Of Members Of Congress, uses thiS
language: - 's,I.ssST
"Thc House of Representatives Shad b !,
composed Of members chosen every second
year, by the people Of the several StAtsgy thU
times, places, and the manner Of holding ele0s
tions, for Senators and Representatives, 4hilk
be prescribed in each State by the Legislature
thereof; but the Congress may at any ftmeI
by law, make or alter such regulations, except
- Congress hns never enacted any law do
priving the States of the power to ak the time,
place and manner of elccting Representative
to Congress. The several States thendsgtvea~ -
the authority from the Constitution Of thlA
Union, and from an early day after the 0FgaH-:s
ization Of the Government. many Of the States
had elected their Representatives, immediAtely
preceding tho meeting Of Congress that Ia. >.
the year 1887 President Van Buren called AaH
extra session of Congress; that Maynard"
North Carolina and Mississippi were without
representatives in the lower H006A, their
terms Of service having expired by limisNtieAs
tho 4th of the previous March that be feeeAHa
ledted tho proclamation of the Governor ef thArI
good old commonwealth Of Maryland, undeg Ai
law of that State, ordering q special ele0ti0n 4
for Representatives for Congress; that peSn-ii
bcrs were duly elected, went to WashingtOnSA
took their seats with members from NeEthl
Carolina and Mississippi, and not the slIghtlaaj
whisper was ever heard against the validisy3
of their elections; that the statute Of HiEy1o
land still remained in force directing the eleo.-
tiOn Of.hcr representatives to Congress- AhAs
first Wednesday of November, 1853. ThGAd
we have the usage and the uniform practice .0e I.
many of the States, sanctioned and dacquieoSaa
in by Congress, giving q contemporaneoNob
construction to the meaning Of the COnslituro
tion of the United States. Tho ConstitutiOuLE
when requiring representatives to be chOseAl
every second year, does not mean within every
consecutive twcnty-four months, as shown by
the practice Of the States referred TO. 1-lId1fd
lie believed in the carly history Of CalikbVs
mia, members were elected as now provided
for, and the law was changed, and the Legis-,
lature, last winter, only adopted the first pFAc-
tice Of the State. California elects by general
ticket, when other States elect by diatVieta.a
and no objections are interposcd to our msuA.J
bers taking their seats. MIR. H. said he wonldD
now answer the specious argument adnueoaI
by the friends Of the resolution. Those faEcers
ing the passage Of this resolution insisla thNk,
tho House Of Representatives is made the solo,
judges by the Constitution Of the qualification,
Of its members, and that a majority opposed
to the Democracy would give seats to tuuso
that were about to be nominated by the COnri
ventions, now in session in this city, unle4e
this Convention nominated candidates sl001,
who might obtain majority Of votes a&, the,
next general election. The part Of the COnrl
stitutiOn they refer to, is in this language -,
Each House shall be tho Judge Of the eleQr,
tions, returns and qualifications Of its oWR
members" Mr. II. said it would be . violeNk,
presumption for him to assume in GdvpNcev,
that majority opposed to the Administrations
Of the General Government would be elect0A
to the next House Of Representatives Of the,
| United States nor would he assume thHt the
American people would elect House Of RApf,
rcsentatives that would, for party puFpQ00R.
ignore the Constitution Of the Union, the slAtA
ute law Of this State, and the uniform pEactica
Of the States and Congress under the CouatiJ
tuition. That the power given to leach HopeA
to judge Of the elections, &c, fits msmbsra
did not give to the House Of Representatives
the right to judge Of the time when memheE4
Of Congress should be elected. This Waa ma
served by the Constitution to each Statn u
determine upon, until Congress should ,ipter.
pose by general law, altering the regulations
Of the States. ~
Tho elections, and tho qualifications and
the returns, that Congress may by its mqINA
bers set in judgment on, relates to frauds l1
elections, tho genuincncSs Of the returns, thA
age Of those elected &C., and has been 20 tQs
peatedly decided by each House. y.dr
Mr.. Handy said the American heaFtamoAg8
tho people was right, that it throbbed quick
and strong in favor Of the Union and 10 hN0z
of law and order, and that the trouble, aPNaN
from the schemes Of unscrupulous politGanG
whose doctrine was, the end justi6es ~
means. Suppose, said Mr.. H., the two Con-
ventions in this city, arrayed in hOstility9iN
the Federal Government, should nomlna6
S0huu"SoS AOl OOu6A eSSS ouEeAy tAAr14AE HtfA4..D
can never make that right, which iEinSyip,l
tion of law. viii we, who call euraslyeSlaH
and order abiding men, be justified 10 dolBg
wrong, that good may comet He thopGM
not. How could he ever face the hoAry he0dP
cd Democracy Of his native State, were ~ q
depart from time honorcd custom ohaeFY2
there, and to sanction by his vote The rjq0ls
tion under debatep He was no ~
Democracy had no experience Of new ~
zeal for its doctrines to set forth, and - ~
satisfied to act in strict accordance With NS1r
ocratic construction given to the ConsailIl
of the United States by Democrats ~ R i
ties Of the lower House, in admitting ~
to take their seats and act e. the s.,
tives Of the people, time and again. -
, States in the same manner as peops .
law Of this Stata, passed ak the ~ q
the Legislature; thsretcEe shp Iko4z
his vote against the resolItidp
Ae'o"FV' 'a-r r7-i yrt ax51 ~
-----~-SSe-s7--s-t-s,G loo mq9t
tits not wisdom but iguOsanss -