The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1855-03-03
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OTTAWA, MARCH 8, 1856.
The E,iyibi of Mr.. Trumbull.

nc LtASloAAy vi NAts
Now that the 'noirc and confusion" Of
the Senatorial election is over, the papers
are beginning tolook quietly and calmly in
to the question Of Inc eligibility OF the sue
,esslul candidate That there are doubts
about It, no one will have the hardihood TO
DENY, and in our opinion these doubts are Of
SO serious nature as to demand clearing
up.
So far as our own State constitution is
concerned, the question is n very plain one.
The term for which JudgeTrumbull was elect.
ed to the supreme bench is still unexpired.
while our constitution declares in terms that
no person elected ts the Office Of Judge Of
the supreme court shall be eligible to a seat
in Congress during the term for which he is
elected and one year thereafter, and further,
that every vote cast by the members of the
legislature for such person for the Office OF
L. S. senator shall be utterly void
The only question Is, whether this con-
Ricts with that portion Of the constitution of
the United States which refers to the quail.
flcations of members ofthe U. S. Senate. All
that instrument contains touching the point
in question is in the following words:
mo person shall be a senator who shall
not have attained to the age Of thirty years
and been nine years citizen Of the United
States, and who shall OF when elected be
an nhabitant of that state for which he shall
be chosen
Here are three simple qualifications laid
down, referring to age citizenship, and resi-
dence. Is there anything in the constitu-
ton Of the L. S. prccluding the States from
adding to these? That Instrument is de-
finite grant of certain powers, and all other
powers not clearly and definitely granted in
that instrument, or the exercise Of which is
not Forbidden, in express terms to the states,
are reserved to the states and the people,
Does the constitution arrogate to itself the
eyclusire right to prescribe the qualifications
ofmcmbcrs Of Congress? Or is the exercise
Of the power to add TO the enumerated quail
ifcations Of members, forbidden to the
states? Congress can build marine hospi-
tails, improve harbors and navigable rivers
and do thousand other things, but has it
therefore the erclusirG right to do so p
Wherever a thing is not Forbidden to the
states, and their action is not in conflict
with the exercise Of similar power by the
L. S., the states are free to act. Because
Congress is made the sole judge ofthe quail
fcatons Of its members is nothing to the
point, for all the authorities hold, that their
decision in such cases is mere Judicial act,
and must be in accordance with the qualili !
cations laid down by law.
The question is serious one from consid-
erations like these. Most states in the
Union have utterly disqualified persons con.
victed Of an infamous crime from holding
off &C. Yet some great crminal--some dare
devil Burr or chuyler-lnight, by means of
wholesale bribery and corruption, purchase
an election as Senator from an infamous leg
islaturc. Shall the constitution and laws of
the state forbidding such an Outrageous pros,
titution be disrcgardcd by Congress? Our
own state, to protect the purity of her jul
dicial crmine, has thought proper to place
curb upon tho ambition of the judges of her
courts. In her estimation, at least, high
considerations of justice, morality, and safe
~ demanded the provision disqualifyng her
judges, under certain circumstances, for cleo.
ton to Congress? We make no reference
to the particular cases which impressed the
trainers Of our state constitution with the
necessity Of such provision. 1t may have
been, or the case might arise that Judges
had become so corrupt, that they openly
bartercd their decisions for senatorial votes.
Arc the people utterly helpless in such
case, and must the l. 5. Senate admi, to
seat in its body the polluted and corrupt
judge, the daring murderer, Brigham Young
with his fifty wives, or Srang at the head of
q State of murdercrs countcrfeiters, and
pirates? The doctrine is monstrous.
1t is due to our state at least, that the
question should be fairly investigated and
tried. We believe no similar case has hith-
crto arisen in the Z. S. Senate, and the de-
csion of that body either to recognize the
binding force Of provision of our constitu-
ton or to nullfy it, will be looked for with
that deep interest which any question in.
vovnga great principle Of States rights
would naturally excite.