Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1858-07-31

AhS Odoio OA W tuCJ ICSt tbCit JubNtuNN-
ton for such a move, is to be found in Article
Isl; section I'd Of the Constitution ofthe L. S.
The language Of that section is, that :" the
House Of Representatives shall be composed
of members chosen every second yCar, by the
people Of the several States, &c. From this
they argue, that as the last Congressional ell
ection TRANSFERRED in the year 1885, the next
should, in pursuance of the words Of the Con.
stitution, be held in 1885, This argument is
plausible but unSound The words, "chOsen
ectry second year, were evidently designed
to limit tho term Of office to tro years; and
certainly wero not intended to compel each
aud every State of the Union, no matter at
what particular time it joined the cOniedera'
cy, in sovereign capacity, to elect subse'
quent members Of Congress- exactly two
years after the first members we're chosen
This construction is strengthened, also, by
tho consideration Of the fact that no other
mention is made in tho Constitution, Of the
time for which members Of the House Of Rep
rescntStives shall hold their Office In the
case Of all other officers, specified in the Con.
stitution, express periods arc designated for
the terms of each. "Tho Senate Of the Uni
ted States shall be composed Of two Senators
from each State, chosen by the Legislature
thereof, for six years, &C. "Thc Executive
power shall be vested in a President Of the
United States of America lie shall hold his
Office during the term Of four years, and'to.
gethcr with tho Vice President, chosen for the
same term, be elected, &c. In this last in
stance the power was conferred upon Con-
grcss Of deciding "the time Of choosing the
Electors, and the day on which they shall give
their votes;" nor has it ever been held, that
tho words Of the Constitution compel Congress
to enact that tho Presidential election shall
be held at stated intervals ofJour years, or at
any definite period, anterior to the commence
mcnt ola Presidential term.
II, in the estimation of Congress, a Prcsi.
Dental election should be held .Jire years, or
for any other number Of years. before the
commencement Of the term Of Office for
which such election was held, it is evidently
within the province of that body to
pass NV to that effect Similar power to
that conferred upon Congress, in the matter
OF the Presidential election, is reposcd by the
Constitution in the Legislatures Of the several
States, in tho matter Of Congressional and
Senatorial elections
Article l, section !, of that instrument
says:
"The times, places and manner Of holding elcc
tions for Senators and Representatives shall bt
prescribed in each State BY the Legislatures there
Of; but Congress may, at any time, by law, make
or alter ruch regulations except as 10 the places Of
choosing Senators"
Congress has never -intcrfcrcd, although
so directly authorized to do so, except on the
subject Of the manner, which it has declared
shall be according to the system, we'll known
as the districting system. 1t may be urged
with as much justice and propriety, that the
election of every President must be cractly
four years after the election of his prcdcces.
sor, although Congress might perceive the
eminent benefit Of change, and enact Law
on the point /; also, that every Senatorial cleo
ton shall be held exactly six years after the
election last preceding it, was held, AS, that
that tho language Of the Constitution, with
reference to Representatives chosen every
seeond year" intended, merely as it was, to
limit the term Of Office, should be so con.
strued as to render it compulsory upon the
States, to elect members Of Congress inrari.
ably erery second year. Let us illustrate the
absurdity Of this Interpretation.
Suppose California had framed her Consti
tuition, elected her Senators and Representa-
tivcs in the latter portion of the month Of
November Of the year 1850; and that she
was admitted into the Union in December, Of
tho same year; her Senators and Representa-
tivcs commencing, at once their official Ca
rc0r: Could it be commended that at the SEES
sion Of Congress, beginning on the first Mon.
day Of December, 1852, California should be
unrepresented for one entire month Of the
session, or that her Representatives should be
chosen two full years in Gdrance of the date
when their services would be required p
Would or could any sensible man consider
this gross Pcrvcrsion Of the principle of re-
presentation, sanctioned by the provision of
the Constitution to which We have referred?
How far do these advocates for an election
every second year, desire to carry their inter
probation? Would it answer that members
should be elected on the last day Of December,
1856, and their successors on the first day of
January, 1s5s,-thus allowing one day, more
than year only, to elapsc between the two
elections! Such would seem to he their idea
of the Constitutional provision, it il
remembered that the last Congressional cleo
ton was held on the "Wednesday after the
first Monday Of November 1886, and that the
election they now propose to hold, will trans
pirc on the first Wednesday of September
1853 Can they so modify the Constitutional
provision, so that it can cover and approve an
election, held in lcss than erpry second year,
and yet will not indorse an election to supply
the Constitutional term. held beyond the in
terval Of erGctIy two yedrs from the date of
tho election next preceding itG These arc
the extremes into which tho Brodcrick- Black
Republicans are driven, by the insane notion
that their factious cohorts can control the