, 1864-03-27
THE LATE KANSAS Senate.
RIAL ELECTION.
It's Illegally Clearly Shown.


Questions Of exclusively local interest
may well be passed over unnoticcd by pub
lie or central journal, but those which arise
in any State or Territory, and which, from
their nature, pass into the broader arena Of
the general Government should receive due
attention. OF this latter class, we regard the
recent actions Of the Kansas Legislature, In
reference to the election of United States
Senator.
The prominent or pertinent facts nre these:
The Legislature of Kansas mcets annually,
on the 18th Of January, and continues in ses-
sion fifty successive days. 1tconelsts OF two
brnnches-the Houee and Senate. the mcm-
bezs Of the former holding their Office for one
year, and the members OF the latter for two
siter asi the DIST % Monday % Of November re M Of each
year. The last St1tc Senatorial election was
held In November, 1869, md hence, In the
coming lnll, the regular bienninl election Of
that division Of the Legislature will take
The lower division will necessarily be chosen.
This body, thus selected, will be 'sfresh from
tho 1anks Of the people, and will continue
In session until the 81 OF March, 1865. The
Senatorial term Of General James II. Lane
will expire on the 18th Of March Of that year.
tent or expedicnt for the Legislature Of 1864
to elect United States Senator? Was the
election of Governor Thomas Carney valid or
politic? Only one answer can be returned
10 these inquiries, and that in the negative.
Aside from the important fact that I'LL sane
tions Of Congress been against the line
Of action adopted By the late Legislature Of
Kansas, It was manifest nsurpation Of
power, M invasion Of the prerogatives and
rights OF the Legislature Of 1864
On this point, tue opinion Of Mr., Tesscn-
Inn m Q%sy nd an $Eo r,F 1aV
1857, In "tlle Iowa contested senatorial elec-
t1on," may be appropriately cited.
Referring to article one, section three,
c1nuse one, OF the Federal Constitution, viz: :
THE Senate Of the United States shall be
composed Of two Senators from each State.
chosen By the Legislature thereof for Six
years." ETC., he said:
t1ten, Mr.. President. another point arises,
which w.sh to state to the Senate distinctly. It
this; What particular legislature is referred to
be exercised by fhe lec1slaturc Of the State: What
legislature does It mean: The Constitution OF the
asfa dSsi aot e The
ever. Il ebyious-it Il tho Legislature which Ia to
sleet ihe Senator. What legislature ia si,st; The
ney happens 70 otScr leslsture s s has sas ,ae aa
tor from Louisiana upon that subject. 10 prert
s anS law Wcs an stnas eases
ul'on The legislature which Il the agent 70 make
h9s ERbsb s The
time the power e 70 Be executea. lis members
a1e tEe asente. ines nave INC enttre control q H.
xrt'S,,; my tut o"ef as saey hlease
mere matter Of asency the ieslssture of he siats
at the time vacancy occurs being he sole agent
Of the general Government 10 accomplish q paftic-
uIas psrpote, the prerious Legislature no, being
sIen sEcnt. esn exercise po control over It. Nor
aas ms eonsta'oaon oa tae etate any control
' Th;s ia o+ o,ca c,cor and con,,,.,.-. f4o,-
1nls is y, ~ onse ne s3 e1tar ana coae.aslse Gon,
sus.eo ~ 1 p .ne E. ea.lse senate OF me United
| states o. is2', m exact accordance With the
p.eslous p an9 SUBSEQUENT .1 3ctlon OF tnat &C.
| paltnent VI l9e natlonat Govefnment, 1t
snonla ne !t .tssafTuea ~ IN autnefitatlve expo,
| sition OF thc CONSTITUTION pr the United
| And u It be SO regarded, 1t is obvious that
the election Of Gov. Carney was made In d.
rect disregard OF the Constitution Of the
United States.
Tint this was Intentionally done, we do
Cd" and not the intention with which It was
done. determines It's legality. While one
may have been pure, the other was - evil. q
s Eodss wrong; e. Gns one mh.en e 1ss Wi nol 9e
6nang On tue Lsgssare f o. as Indeed
by any nnteccdent body; and II 1t did it can
not be supposed TINT the Senate Of tile Unl-
ted States would approve or In any mode
sanction Its misdoinga or neglect to exercise
Us ns nnrerogah7es 80 Tar as 1T might be affected
But, while the act Of the Kansas Legtsla-
turc, orits attempt to elect successor to
Constitution Of the Union, il sustained, Il
allowed to pass into a precedent, 1t would
tend to results Of the g1avest nature.
torn teglslatnse, s. assemolhg ~ ag Two yea1a
co,,cv nor ant;cinatc That rncancr md +ha
legitimate acts Of Its successor, It may with
l =