Weekly Calaveras chronicle., 1867-09-21
An Extra Session.

Copperheads shall defeat the darling wish Of
the nation if he has the nerve to perform
his duty. the Legislature will adopt the
amendment. We believe it would be good
policy to issue the call at once, before the
Judicial election is held, and then the test
would be: are we in favor of adopting the
amendment, or not The Union party is
composed of firm determined men, many OF
whom are heartily sick of the weak, timid
policy SO long pursued by those in authority.
They want a square issue and on such an
one would go into the contest in October
and place California once more night on the
record. During the late campaign the DEM
ocracy ignored great national principles and
confined themselves to such topics as Negro
Suffrage, Chinese Coolies, and, assisted by
the 'independent press" attacked the private
character of our candidate for Governor.
The San Francisco Examiner, in an article
on All extra session, says:
Our plan would be. that in case such a
call were made, the new members elect meet
at the capital and at the appointed time take
possession of the Legislative Halls and pro-
ceed to organize as the only legitimate lesis-
lature in existence. There can be no doubt
that this is the fact, and if it is attempted to
interrupt their action, there can be found
sufficient number of men to see that they are
not molested. The people of California who
have Just chosen their representatives, in
obedience to the requirements of the Con-
stitution, will never permit their rights to be
usurped and their sovereignty invaded in
the atrocious manner proposed by the Radi-
cal leaders.
Elated by their recent victory, the Dem
ocracy already threaten to use force in case
the Governor does his duLs vii Low be
intimidated by those who have been against
the government since the rebellion COM
menced. We think he is made of sterner
stuff, and has the pluck to exercise is con-
stitutional privilege, by calling the 10th
legislature together.
There can be no doubt about the Constitu-
tional right to call an extra session.
Section I'd of Article 4 Constitution of
California says: "The sessions OF the leglsla-
ture shall be biennial, and shall commence on
the first Monday in December next ensuing
the election of its members, unless the Gov,
ernor of the State shall in the interim, con-
vene the legislature by proclamation" The
Democrats construe this so that the Governor
can only call the new members after the
September election; in our opinion the only
common sense view of the section is this:
The sessions of the legislature shall be biennial
unless the Governor of the State in the in
term, (after the adjournment of the first
SESSION. shall convene the legislature by proc
lamation. 1t will be seen by the punctua-
ton that the sentence which says. 'and
shall commence on the first Monday of
December next ensuing the election of its
members" could have come in as naturally
at the end of the section as in the middle of
it. The evident intention of the section is to
session whenever in his judgment he thought
it necessary to do so.
Sec. Sd says: 1.-The Members of Assembly
shall be chosen biennlally etc., etc., and their
terms Of office shall be two years. Now
what constitutes term of office: That
period, during which a person is sworn to
perform its duties the members Of assembly,
constituting the 18th session of the legisla-
ture, were sworn in on the 5th of December
1865. and must hold for two years,from that
date.
The members of the 18th session elected in
September have no legislative rights until
after they have presented their certificates of
election to the proper officers and have been
sworn into office consequently if the Gov
ernor should call the 10th session of the
legislature together, the newly elected men,
bers would have no more business to take
possession of the Capital than so many other
citizens of the State. Supposing the Gov
ernor had called an extra session to meet the
day after the election. who would have
answered the CALL the old body, or the new
members Certainly the old members, for no
new one could say whether he was elected
or not The idea that new members could
take their seats under call is too frivolous
to be harbored for an instant. They are to
meet on the first Monday in December and
have no legal rights there before that time.
The Amendments to the Constitution went
into effect-in December. lS63-State officers,
Senators and Assemblymen were sworn into
office then. Legislators were elected under
the amended constitution now suppose
Governor Stanford had called an extra
session after the September election in '63,
which body would have assembled? GER
tainly not the new one, for it was elected
under a different constitution and had no
legal existence under the old.one.
We find then, that the 18th session did not
have a valid right to assemble until the first
Monday in December, 1867 and that their
terms of office was for two years or until the
first Monday in December 1865. The 10th
session commenced at that date, and holds
until the first Monday in December, 1867.
We think we have shown clearly that Gov
ernor Low has the power 10 call an extra
session of the 10th Legislature. He mas given
his solemn pledge to Union men in this State
that he would do so. Let it be called at
once. and Union men will show that the
sentiment of the State is stil in favor of the
Congressional plan of RecoHs truction, by