Daily national Democrat., 1859-01-07
P.nusi,lc. Rn1d. OrlglnnI. sc.

There is statesman who writes for the
Express over the signature of Democrat,
who knows more than the trainers of our
Federal Constitution, and they were men ol
some considerable ability. They thought
that United States Senators should be elected
for definite term of years, but Mr.. Demo
crat is of the opinion that they should onl,
hold office during good behavior, partizar
legislatures to be the judges of what shall
constitute this kind of behavior The Ex
press says, 10y way of reference to the lumin
GUS proposition of Mr.. Democrat:
We publish, in another column an article from,
the hard hand and clear, vigorous brain ola Cal
liurua miuer-a National Dcmocrut-a man who
his the capacity To think and the nerve to express
his thoughts, even though they be new and dar-
ing. "Democrat' is evidently a man not given
to much talking, but who when he does talk,
speaks straight to the point. lie raises a ques-
/ ton of States rights that has never before been
! discussed N. l0rf- of Nlte 10 rec4H her rem
/ rese8t1}ire IA u, lDttlH suites Senate There is
/ puusibilitv as well rs originality and boldness
in the proposition. tits worthy Of consideration.
The originality of the thing we doubt not
will be everywhere conceded and the bold
ncss Of asserting SO monstrously absurd an
lea would certainly be worthy of all Ir.ise,
We're the uttcrer really aware of the magni-
trde Of the absurdty. lie proposes that the
present august Legislature should request
one of our United States Senators to resign,
and, if he does not obey the request, should
declare lis seat rdcdnt, and elect another man
to fill it. The Express thinks this is ylausi-
bic, origiual, and bold, and most worthy Of
consideration" Wen, it is somewhat singu-
lar how men will differ Now, we have a
nodon-it may be old fogyish, but we enter
tain it, neverthelcss-thata State Legislature
cannot set itself up against the authority of
the Constitution of the United States. That
Constitution says:
"The Senate of the United States shall be
composed of two Senators from each State,
chosen by the Legislature thereof for six years,
and each Senator shall have one vote"
1t further says:
Each house lof Congress may determine the
rules Of its proceedings, punish It's members for
diSordcrlv behavior, and, with the concurrence
Of two-thirds eXpel member
Here, then, the Constitution expressly de-
clares that Senators shall be elected for
definite and specified term, and Immediately
takes away all power over them by the State
Legislatures, by vesting in the Senate of the
United States the only power that can touch
a United States Senator That body mot a
State Legislature may punish a Senator or
eXpel him. We're the Legislature to demand
the withdrawal of n Senator, and elect ano-
ther man in his place the Senate of the
| nited states would pay no more attention
to it than it would to a meeting of ordinary
citizens who should pass resolutions to the
like effect The new Senator could not take
his seat, for the Senate would be the Judge
of his qualifications and not the State Legis
hture.
Aside from all constitutional reasons on
the suIjcct-and We have scarcely touched |
The constitutional reasoning-a beautiful
heory it would be, however "bold" and |
'originap aud all that,-to make United |
States Senator the mere tool of every Legis-
ature that assembled, 10y placing him in
such a position that he would be obliged to
obey the dctation of the legislative Solons
who sat in Judgment on him, or have his
place declared vacant. What would please
one Legislature would displease another, and
l United States Senator would have to be
perfect turncoat in order to retain his posi-
ion at all. \ State Legislature is sometimes
controlled by very corrupt men, who would
certainly NEEDLE very materially with the
ilfairs of national legislation for their own
benefit and behoof, did they hold
he strings that would make the Senatorial
ouppet jump. They would say to their Sen,
ltor, " Sir, youm must put through this scheme
IF ours, or We will lop off your head. We
AN control the present Legislature, and we
will do it." But, admitting that the Legisla-
-ure-an impossible suppostion would be
always composed entirely of honest men, if
the Legislature is to regulate the opinions of
Senator's why no. send the whole Legislature
10 the Senate at once, and let them vote on !
very measure that comes up in that body
The proposition is too ridiculous for serious
lrgument, and we shall not waste further
ime in allusion to it.