The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-05-15

hepFlsentatiVe L-7I|sfIe alH tho next ctl-
cral eleetion % D. 1ti in this STRIFE anil
ny fIifnd yoa $ pardon one 81 10 has. in
many respects. aizrcea Fith gcc fu quar-
erof 2 centurS in expressing lbs ast0Hish-
nient 81 the positions you have aseunied
iet us reason togethef-
Whist does our State Constitution pro-
vide
l. Tat elections f1r Representatives IN
the Legislature shall be biennial or every
two years. commencing with the frst cleo
ton under the Constitution. Very well.
TIE frsl election for both senator's aud
Representatives closed on the second day q
/ December. 1869. and this being the initial
period aud toe COnstiiutonfulther proyid-
/ ing that Representative shall serve for two
years from the day Of their election, Il
plainly follows that the second election
under the Constitution oagtt % haze fakeH
place on tho second day OF December, 1871,
for Representatives whose term would run
! from December ?, 1871, 10 December 2,
1873 Had such an election been held.
/ every man who has the capacity % think
admits that there would have been no
trouble. But the first Legislature under
our present Constitution. from selfish. par
\ tisan or mistaken motives, failed 10 provide
/ for such election IN December. 1871, but
STAYED il of till November. 1872 At the
! latter date, in the middleofa constitutional
term OF two representative years. the election
came on, and we, the present House Of Rep
resentatiycs, were elected qJter elereg months
efouT CoHsfifgtionaifsrm had expired. This
/ has happened q Thousand times in electing
members of CoDgress--they often having
been elected in many States in August, Sep
TENDER or October, after their term had
Il - -
March Therefore, my hOnored friend, it
is plain that our term as House
OF Representatives ought to expire
on the second day Of December, 1873 on
which day new set of Represe natives
should be elected for the then ensuing TIVE
years. He, the present House, in the tl-qe
iRtlat and Meaning Of the Constitution, are
not entitled to serve literally for two years
from the day on which we were By force OF
1 lrT0pg legislation elected; but for two years
( from the day on which, lpsder TIE C0astitlt-
i ton. WE OUGHT TO HAVE BEEN ELECTED, to-
wit from December ., 1871, to December
?, 1878.
Now let us look at the Senate The first
Senate under the Constitution was to he di-
( vided into three classes, to serve respectively
for two, four and six years, so that one
/ third should be elected every two years.
/ Very we'll Mas that alll Was that rule to
be unchanged for all time to come? BY no
means. The first Legislature after the pub
location of each decennial census of the
United States, every ten years, was to make
NEW apportionment of Senatorial Dis
tricts. Whyl Yes, my dear sir whyl
] Common sense, the history of the Federal
Government, and of every State in this
Union tells us why. It was at
fcfokaI ,,orsoIs f,,ctroI1,v oxror.- affrhf
ten years., to re-adjust and equalize repre-
4 sentation according to the changes and
fluctuations of population, in obedience to
the first law OF representative government.
Now, sir, in strict obedience to this inn
I peratiye mandate of the Constitution, which
we have sworn to support, this Legislature
has made this new OF re-apportiOnment of
Senatorial and Representative Districts.
The House of Representatives, under the
sOlemnities Of their oath, by unanimous
vote of its Democratic members, and sew
eFn Republicans, has passed a bill provid-
/ irg for the election of an entirely new SEN
ate and House of Representatives at the
true Constitutional period, on the second
day Of December next, 1873. We are
unit in the opinion that on that day full
] Senate of thirty members, and q full House
Of ninety members, should be elected, to
hold from the day of their election. Those
newly elected Senators, when assembled,
must draw lots ANEW, SO as to divide them
selves equally into three classes of two four
and six years, which arrangement viii con-
tinue for ten years, until another appOrtion-
ment under the next Federal census of 1880.
Can any legal proposition be more plainl
/ Show me one solitary example to the con-
trary. | maintain as incontrovertible
i o,r ma hat
Senator or Representative In this Legisla-
ture, will has, seintilla Of right as such
after the second day of December, 1873.
On that day -four years from the first election
under the Constitution, and two years, from
the day on which the second election ought
to hare occUrYed-every Senator, whether
elected in 1862 or 1872, whether belonging
tc the two four or six years class, ceases,
! bg operation Of tie Constitution ita7f to be
Senator and viii have no more right as such
than you viii have TO be member of the
House of Lords in Great Britain. PoiL
llpe to example to the contrary, especi-
ally in any Southern or Western State. If
your view is sound, tell US what new APP
portionment means7 Wherefore is 1t made2
DO not, beg YOU quote the case of Rhode
Island, which for two hundred years
and until few years ago, lived, not under
a Constitution made bg TIE people, but under a
charter granted by his gracious Majesty
King Charles H.
Again under the foregoing views, we bring
the whole machinery of our State govern
ment and the tenure of all Offices
back into harmonious working order,
Legislature, Governor and all State
State officers. The then incoming Gover-
nor would be constitutiOnally installed at
Of
winter, and all would be peace and harmo-
n.y. Under your ideas, il carried out, all
would be confusion confounded / beg
yeu 10 re-examine the constitution and
review the facts, and reflect on all the prece-
dents and principles involved. Do not be
alarmed. Texas, BY pursuing the plain
beacon lights of her constitution (hOwever
dim they may BEL and following the exam
pie Of every State from 1875 to this date, is
IN no danger of Louisiana imbroglio
Understand that every Democrat in the
House of Representatives, nearly every one
in the Senate, several Republicans in both
houses. Governor Davis himself, and II
belieye) the Attorney General, substantially
hold the views hereinbefcre set forth.
Before concludlng let me recall to your
recollection the Aact that twice, under
the. state constitution OF 1915, new
appofiionment was made. under the
precise principles and with the precise
effects have set forth. TIT last case
proves overwhelmingly the correctness of
this Tlcw. tO-wit. IN February, 1850, the
Legislature which had been elected in Ap-
guse 1858, passed anew apportionment law.
Eleven months later, IN January 1861, that
same Legislature, under the proclamation Of
Governor Houston, reessembled IN extraor-
binary session, and continued IN Office till
August 1861 the regular period for the
next election, when (inst as nov proposed
~ ~ m entirely new Senate and House Of
Representatives were elected, and the Sena-
tors. on assembling. werc classified anew.
Very respectfully
JOHN HENRY BROWN.
Representative Of Dallas
The undersigned iGlly endorse the fore.