Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-01-08

/
The legislature will have to provide a
| successor to Mr.. Flanagan, United
States senator from Texas, whose term
expires on the fourth of March next.
Upon whom the choice will fall cannot
easily be foretold; We have great coEsO-
lation, however, in knowing that the
one receiving the choice will be a
! Democrat. For the first time ia
twenty years the Democracy of
Texas will enjoy the pleasure Of
being represented in the senate
chamber of the nation, and it behoOves
the next legislature to see to it that the
succ csssor of Mr.. Flanagan is a true type
and fair representative of the great tai
ent lying within the ranks ofthat party;
but especially should our legislature Sc
let a man whose honesty is equal to his
capacity-one whose courage shall be
sufficient to warrant proper and Judi
cious exercise of both capacity and hon.
esty. Ii is very plainly foreshadowed
that the demands for financial aid,
grants and Endorsements, by mOnopO-
lists and corporations, upon the federal
government will be greater during the
next session of congress than ever before.
These demands are, of course, nothing
more nor less than subtle schemes to
rob the people. Therefore, let our next
senator be one who can, and
will, make himself severely felt
in an uncOmprOmising fight
against credit mobiliers aud all other
schemes of licensed robbery. With it
all, let Texas have a man in the United
States senate whose voice shall recall
her former prestige in that body. In
connection herewith we subioin the eX
preston of choice in favor of Charles De
morse by the Democracy of Bowie cOun-
ty, in mass-meeting assembled. We
will further say that the entire northeast
of Texas indOrses Mr.. DemOrse for that
position. In our opinion no man in
Texas embOdies more entirely the quail
ficatiOns we have above expressed as
fitting a man for that position than Mr.
DemOrse. AS editor of the Clarksville
Standard he has displayed the finest
abilities of q statesman. We should be
glad if the choice of the legislature falls
upon Mr.. DemOrse.
THE ELECTIONS.
We give the following extract from
Washington letter to the Houston Mer-
curry for what it is worth: at is generally
believed here by the intelligent aud
knowing ones that the late election in
Texas is wholly void as being directly in
the face Of the express provisions of the
constitution. Not that the United
States government hiss anything to dc
with the question as yet, but rather be-
cause, upon investigation of the whole
subject, it appears too plain to admit o.
doubt; and the attempt to fOist upon
the people any other than constitu-
- ant fe Cd
tionary, and those engaged therein are
revolutionists. The constitution sets
out in plain and absolute terms sounG
propositions, which are fundamen-
tai laws, organic in their nature, and
which must be complied with
and confOrmed to at all times; one o.
which is that elections shall be open foI
four days. See constitution, article
three, section six This itself is de-
cisive Of the whole question. But there
are other clauses and principles not
necessary TO be named herein, which
also decide positively the illegality OF
the attempted election. The question
Of who constitutes the legislature OF
State is one for that body to decide
Each house is made by the terms of tine
constitution the sole Judge of the elec
ton and qualification of its own mem
bers, therefore if the old legislature
shall be able to assemble two
thirds of its members, that num-
Der being q constitutional body, il
can then settle for itself the
election and qualification of its own
members, and can reject any and all
claiming seats by virtue of the late elec.
ton. Thus organized, that body will be
the legislature of the State. Any Cues-
ton arising out of this condition Of
thugs, becomes a judicial question, and
the c,>Qrts are bound to take judicial cog
nizauce ,Nf the constitutional provisions.
A decision Gu any and all questions, no
matter how brCught so as to be before
the court properly, will be decisive Of the
illegality of the late proceedings called
election. By the provision Of the con-
stitution, article three, section four, it IS
seen that the members of the house Of
representatives, when elected, shall
hold for two years from the day OF
election.' 1t therefore follows as legal
proposition that any attempt to elect an
other legislature, before the two years
have expired. is in the face OF the con-
stitution, and therefore wholly void, be-
cause If elected their terms commence
from the day of election. One or the
other is legal. The other is illegal. II
the former members are not members
now, they were not when they passed
the act by which the second class claim
to be elected, and therefore that act is
not law"