Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-02-11

THE INDIANA CAsE.-It used to be supposed
that under the Constitution of the United States,
the power of electng Federal Senators was
vested III the States, to be exercised by their
respective Legislatures. Not to rely on the
apparently plain letter of the Constitution it
self, such, if we mistake not has been the in
depreciation put upon it by the whole body of
lawyers and commentators. Such too, has
been the idea Of the great body of the people
but their opinions, perhaps, upon such a ques-
tion-or, indeed, upon any question just now
may not be thought at Washington entitled
to much notice. This Interpretation is now
discovered to be great mistake. Those in
authority at Washington have changed all
that, just as, within the last ten years, they
have made quite number OF other changes,
not less surprising than that of Moliere's DOCTOR
who, to suit his own practice, made the heart
and lungs change places. According to the
latest exposition as set forth i'll Mr. Bayard's
report to the Senate on the Indiana case, not
only have the State Legislatures no power or
authority to elect United States Senators, but
it is contempt upon that extraordinary body
for them to attempt to do so. Mr.. Bayard has
discovered that the power of electing United
States Senators is not vested in the State Leg
islatures; and, indeed, it is easy to see how
exceedingly inconvenient such an arrangement
might prove. For the last few years, the ope-
ration of this illegal and contemptuous
practice has been attended with alarming re-
suits, One after another, the party friends of
Mr.. Bayard have been routed out. The mi
nority, from being mere handful who could
be treated with insolent neglect, are now get
ting to be quite numerous, and there is every
reason to fear that, if this practice were allow
ed to go on, Mr.. Bayard and his friends might
shortly find themselves in the minority
result which, in their opinion, the Federal
Constitution never could have contemplated.
Since the repeal of the Missouri Compromise
and the bred Scott decision, desperate poll
ticians, like Mr.. Bayard and his friends, are not
likely to stick at anything Hence, this new
doctrine promulgated by Mr.. Bayard, and
which, doubtless, the majority of the Senate
| stand ready to act upon, that for State Legs-
lature to undertake to elect to the United
| States Senate is contempt They hold, it
seems, that the election of United States Sena-
tors belongs exclusively to that portion of the
members of the Legislature, whether minority
or majority, who sympathize in political opin-
ion with the majority of the Senate, and who
can, therefore, be relied upon to elect such
Senators as the majority will be satisfied with.
Not having the full report before us, we are
not able to say what Mr.. Bayard proposes to
do with the Legislature guilty of so atrocous
a contempt upon the honorab body to which
| he belongs, as to send persons to claim seats
already occupied to the entire satisfaction of
Mr. Bayard and that body. We suppose,
however that they will be summoned to Wash
ngton, will be required to purge their con
tempt by humble apology, and in default
thereof will be committed to prison. 1t is for
tunate for them that the session is so near its
close, since they can be kept in Jail only to the
end of it,