The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-07
Contested Seats IN Congress-The Case OF
Judge Trumbull.

The proceedings of Con sress present several
that is assuming on unwonted importance. Or
dinarily contestants base their ella ms on i'll
judged practices of party zealots, an The con-
test does not rise above squabble OF poilti-
clans; but case has arisen in the Senate of
the United States which it has been feared
may lead to conflict between State and ma
tioDal authority; and hence we may briefly re-
view its positions.
The constitution of the State Of Illinois pro.
vides that the Judges of the Supreme and Cir
cult Courts shall not be eligible to any other
office of public trust or profit in that State, or
the United States, Curing the term for which
they were elected, nor for one year thereafter;
and all votes given for either of them for any
elective office, except that Of Judge Of the Su-
preme or Circuit Courts, shall be void. The Ho-
norable Ly man Trumbull, who has just taken his
seat in the United States Senate, was elected
Justice of the Supreme Court Of Illinois, and
was commissioned for nine years from the Gath
day of June, 1852, and thirteen Senators and
twenty-f four Representatives in the Legisla-
for that gentleman for the Office of United
States Senator were therefore null and void.
If this he the true construction of the
constitutional provision, we have the
fact presented that legislative ma
jority openly violated the organic law under
which their government exists; and to the Sc
nate of the United States the appeal is made
by minority to interpose its power to prevent
the contamination of SO great wrong. But
can the United States government thus control
the government Of State?
1t is true that the government Of Illinois has
refused to arm Mr.. Trumbull with certificate
OF his election, but he has been supplied with
the Senate and the Clerk Of the other branch
of the Legislature. The Governor was the
opposing candidate, and received all the votes
that were not given for Mr. Trumbull; and
hence suspicion has been excited that he is
too deeply interested to issue credentials for
Mr.. Trumbull, or to see clearly that the same
constitution renders his own votes for Senator
null and void while he sits in the chair of Gov
ernor of the State. That the opposition to
Mr. Trumbull is simply one of partnership is
inferred, also, because the Hon. S. S. Marshall
occupies seat in the House Of Representa-
tives without objection, although he, Circuit
Judge, under the same provision of the consti-
tuition, was nominated for Congress while he
was on the bench, and was elected within three
months after his resignation; whereas, Mr..
Trumbull resigned his Office Of Justice Of the
Supreme Court of Illinois, and was succeeded
on the bench by another, as early as the month
Of July, 1853. He had been out of Office
Senate; yet many signers of the protest against
him were the supporters of Judge Marshall.
These, however, as personal, are an inferior
aspect of the case.
The right of the Senate to dispossess Mr..
Trumbull may be doubted, iuasmuch as the
Senate repudiated it 60 recently as the last
session, when the Hon. Augustus Caesar Dodge
was confirmed in the Office of Ambassador to
the Court of Spain, to which he was appoint
ed before the expiration Of the term for which
he was elected to the United States Senate, al
though similar constitutional provision ap-
piled both to his case and to that of Mr.. Hum
phrcy Marshall, who, at an earlier period, was
commissioned as Minister to China.
The Senate of the United States will deem it
delicate duty to look behind an election OF
the State Legisl .ture, for the State authorities
are to be supposed capable of maintaining the
inviolability of the State constitution. To
the State Legislature the franchise is given,
fbor hor a, <ol oh,n L. 10
ercise OF unquestioned power. The power is
given to the State Legislature to elect Unit
ed States Senator by the constitution of the
United States. The power is not conferred by
the State constitution; and as the people them
selves cannot elect, no instrument that they
can make can govern this question, or pre-
scribe to the constitutional elective body any
qualifications for the elected. This case, then,
is readily Invested of the dangerous features
with which it has been invested, and no ha-
zardous intermeddling OF one government with
the rights of another can possibly occur.
When the constitution Of the United States
provides that no Senator or Representative
shall, during the time for which he was elect
cd, be appointed to any civil Office under the
authority Of the United States, which shall
have been created, or the emoluments whereof
shall have been increased, during such time
as in the cases of Messrs. Dodge and Marshall
1T may not be cordially received as unques
tionable doctrine that the time for which an
officer may have been elected shall be term,-
pated by his resignation; but the decision hav-
ing been made, the United States Senate is
not likely to rush into conflict with the Lee
gislature Of q sovereign State, and at the same
time stultify itself
THE IRISH LTBERATORs IN AMERIoA-ADD REss
OF THE IRISH EMGRANT AID CoNvESrIoN.--The
convention of the Irish Emigrant Aid Society
adjourned yesterday, after q session Of three
days, and after the adoption Of a series ofreso-
lutions and an address containing the prin-
ciples of their platform, so far as their plat