The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-12-09


NE State OF Illinois Is under consideration y may interest
M uabc 10 Sec the following atce which appeared IN
the illinois State Register several months ago
No.elsoiby u Hon. Lyman 7uJaH % tAe United States
Senate.
uyss Fpirons The recent selection Of this gentleman
by the legislature represent the State IN the United
states Senate astonisles many who regard tne require
snts of constitutions binding on the public servants
Tbs otn dearue by The legislature from the letter OF
tbe constitution Of this State In tie present case = an act
which demands the hands CT the people rea inFes
,tion have therefore thought that lew remarks on
the subject In view Of IFS momenous Importance would
not be unacceptable to your readers
The constitution Of the State declares in terms that no
person elected the Office Of Judge OF TIE supreme court
baI be eligible 10 a seat ia Congress during the term for
which he Is elected and year thereafter ana further
tatevery vote By the members OF the legislature for
sr eson for he Office Of United States senator shall be
,tterly void II ia well known that Judge Trumbul was
yes or two ago elected TO the supreme bench Tor term
Of nine wears vet Ia the face OF this disability the MAJOR
ity Of the legislature have cast their votes upon nun Tor
rstor THE question rectrs upon what ground do these
gentlemen Justify their departure from the commands OF the
constitutions -, al, e.. :, .
noripb 10 prescribe the qualifications Of members Of Con-
If This be so be because the United States
eonsution contains some provisions prohibiting the
States from exercising this privilege because that very
constitution declares that
Article 10 Of ameudmensThat "the powers not dele
gated TO the United States by the constitutions nor prohb-
the States reserved ieslcei
lively or 10 the people"
Let us then refer to the instrument itself
The first clanseeciion b article lproydes That the
Senate Of the United States shall be composed OF two sem
from each State chosen by the legslaure thereof for
six years.
The third clause declares the non-eligbiity of certain
persons In these words ~
@No person shall be senator who shall not have at
tanned TO the age OF thirty years. and been nine years
citizen Of the United States and who shall not when elect
ed be an inhabitan that State for which he shall be
and in Apla off M
holding any office under the United States shall be MEM
Der Of either house during his continuance in Office
These all the provisions Of the constitution of the
United States upon the qualifications OF senator's and
from them it will be perceived that Congress does not
prescribe qualifications except ia negative manner 1t
simply says to the States shall not elect certain
That is the plain nierence2 That you may choose
out of the remainder of your people whom you pense
But say the directors to this doctrine Congress is the
Judge of the qualifications OF its members. Grant it, and
here the words of the constitutonhrs clause section
O. OF article Each house shall be the judge OF the
elections, returns and qualifications Of its members
Yet it correct to say that the Senate has the right to
make arbitrary decision upon qualifications Are they
restrained by rule? Are they to tegislotipey
jucaHy? II not the latter, then the Senate may name
the qualifications OF its members II snperadd nhib
TORY provisions 10 the constitution. may refuse seat
the chosen representative of State not obnoxious to
the requirements OF the constitution but lacking some in
gredient Of eligibility created by the Senate itself The
statement OF such doctrine exhibits its monsrous
character would be placing the sovereignty Of every
State in the Union under the feet Of Congress- virtual
destruction of the government originally constituted
however, the Senate must decide this question judicaly
according to yed rules given it for its gaance then
the settlement of this matter Of qualifications
than before We gain nothing by saying Congress shall
bejudge; for the difficulty arises what shall It judge by
what rules? established by what authority So long
the applicant for seat possesses The negative qua-
cations of the constitution it easy matter but when
the electors of this applicant present additional require
ments then occurs the question: is Congress bound by
these requirements This question cannot be answered
negatively by saying for Congress is the judge for
L,.4
qualifcatons-Co Congress is the Judge courts arc
judges 1t is the tribunal before which this question
De settled II must give reason for lite decision and that
reason must be liz cOnsonance with the law.
Then we come back to the starting point-have the
States the right to prescribe qualifications additional to
those in the constitution? think clearly. No inter-
est is greater 10 the States than that of choosing
their representatives in the Senate 1t is the only place
the confederation where the State have its sovereignty
felt and heard The very genius of government thus
makes tins interest vital which the State ought
and must have full control only restrained by the cons-
tnton to which, in its sovereignty it consented: else
the character Of the is completely changed 1t
Is thena subject matter TO which that doctrine of the
stiinon o powers reserved to the States and peope
well apply; this is power-he selection of the sover-
egns ministers to assembly Of contedcrated States it
10 power OF vast lmportrnceone which the State ought
to aud viii exercise long it adheres the conedera-
ton BY the terms then Of the constitution there
restraint upon the exercise of this power except
ined IN the INSTRUMENT itself Will it be contendcd
that these mere negative words of the constitution exhaust
the list OF because certain persons
are declared Ineligible therefore aN other persons
ehgi6fe--or, in short, that they a command to
the States to select out of certain Glass; which they
shall neither increase diminish . this be So whom
IS this power OF prescribing qualifications given2 Not
the United States for the State has merely agreed to
choose out OF certain class retaining its own discretion
as to the balance OF its ctzensno Congress- for Con-
gress cannot add to the constitution 1t is in the States
the very terms CT the constitution impart io be chosen
by the legislature They may do the choosing either
the time OF voting or By general law naming the number
OF persons out OF whom choose, rather by both
Would the States have formed the conederacy If the
to alter and regulate qualifications had been expressly
granted to Congres2 The history of the constitution
proves that at its adoption many complained of the few
restrictions there contained will appear from Mr. HAM
ons efforts IN the Federalist to quiet this objection This
very tact shows that the idea of the power the States over
THIS matter was generally entertained and that by submit
ung 70 The constitution they only submitting to re-
strant FRO do That instrument and the very institution
OF the Senate simply required the body might not
ne contaminated tif may the expression) by
ue intrusion OF persons conceived to be unworthy fill
80 responsible station leaving it free TO the States
Their pleasure to select whom they pleased To members
OF the democratic party, who believe in strict
lion OF the constitution and the rights Of the States this
must be regarded as the true doctrine of the constitution
u mas so been held by the when they decided the
States had the right to pass local bankrup. laws in the alb
sence OF any actual legislation the subject by Congress
Notwithstanding the constitution expressly delegates
10 pass bankrupt laws to Congress Chief Justice Mar
SHALL in the case of Cohens Virginia. reported in
wheaton, page $780, declared that the States had right
decline elecng senators AT all and he should be good
thory With the most advocates OF lack power
on The part OF the States II the States may refuse an
election entirely they certainly may control and regulate
II and cripple it if you will but coaclnde thus
mat when the Senate is called upon Judge the quail
hcations OF an applicant il look the regulations
OF the State he proposes TO represent.
ms matter however does not rest altogether upon gem