The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-05
THE DEBATE ON JUDGE TRUMBULIS CLAIM TO
SEAT In THE SENATE.

THE DEBATE ON JUDGE TRUMBULIS CLAIM TO
A SEAT In THE SENATE. Ia X.
The Senate has been engaged for the last two days
considering the question whether Judge Trunbu is legal
ly entitled TO occupy his seat senator from Illinois
The debate has been highly interesting and characterized
by decided ability and commendable courtesy II was
commenced by Mr. Crittendeu, who offered resolution
decaring the incumbent entitled to retain his seat The
facts of the disputed and are as follows
On the 7th of June, 1852 Mr.. Trumbull elected
Judge of the supreme court Of Illinois On the 4h of july
1889 he resigned his udgesbp On the 9th of February,
1855 he chosen by majority of the legislature Of ILL.,
nois to be United States senator Upon this election be
occupies and claims the right to continue to occupy his
seat senator.
The objection bs claim arises out of the following
clansc of the constitution of Illinois, adopted in is47
which provides that supreme judges Of the State shall be
elected for the term of nine years:
The Judges supreme and circuit courts shall BE-
eligible any other office public trust Of profit In this
State or the United States during the term for which they
are elected for year thereafter All votes for either
for any elective office Except that OF judge Of the
supreme circuit court) given by the general assembly
! the people, shall be void"
| Mr. Critenden maintained that she term for which Mr.
Trumbu elected the actual time during which he
held the Office Of judge and therefore that as he had
/ /. r w.
signed il than twelve months before he was chosen
senator his case does fall within tie provision Of the
constitution. This position utterly rehicd by Mr..
Pugh as well by Mr. Butler, whe concurred in regard
ing the term referred the of nine years for
which he elected.
Mr. Crtenden next maintained that the provision 10 the
Illinois constitution Is inconsistent with the constituou
the United States and is therefore, void This the
real and the only debstabe question 10 the Ac
cording TO Mr. Crendens construction OF the federal con
stuon eyery iubabant of State thirty years Of age
who has been nine years citizen of the United States
eligible to the Office of senator" aud hence that other
qualification could be imposed required by State.
The answer of Messrs Pugh and Stuart to this position
was that the constitution does not declare that u1y IN
ka5a who thirty years Of age and who has been c
zen for nine years. shall be eligible senator but that
no ihobaan shall be eligible who is thirty years Of
age and who has not been for nine years CITIZEN Toes
tabsh the Of this construction they referred
to the clauses of the constitution which declare any holder
Of any Office under the federal government ineligible ioa
seat in either branch Of Congress and which authorize the
Senate upon The trial Of impeachment, to fix the pen
atty Of ineligbiity upon the guilty party. These clauses
show concusiyely that It not the intention Of the
constitution that srsry irataR' who is thirty years
anu Nuo nhH l'Hfc Ni'hcf ~
other wo,As Il was not the design Of the constitution in
enumera.sla the qualifications Of age and citizenship
exclude other dsquaGcaiiops Tbese positions
forced BY Messr Pugh and Stuart with great clearnes
and force They maintained that whilst the States could
not ax other qualifications inconsistent with those eau
merated by the constitution, they could sfiK such @s
consistent with them and for this doctrine they relied
upon the undamen principle chat every power not granted
f.
may be properly esercised.
Judge Butler The chairman Of The Judiciary COMMITTEE
conceded the great ability with which Mcssrs Pugh and
Stuart lad argued the question: bat he could not aseptp
their conclusion lie discarded the position Of Mr. CRIT
tcuden the term referred TO In the Illinois coust~
ton The actual time during which Mr. Tmbul he'd
the Office OF Judge bot he agreed with him in the opinion
that Il was the intention Of the federal constitution to f.
the necessary qualifications Of senator and tina, the s
could make additions thereto. With the most profooud
respect the high legal attachments Of this genilemsu
struck mind that 10 the conclusion Of his remarks BE-
virtually surrendered the question in dispute when hesud
that IL a State should elect senator who VS.
stepped ia crime and with the very babilimens Of ap
Tertiary convict upon him, he would reject him from r
Senate even before he entered the chamber How could be
do this upon his own doctrine II such convict came with
the evidence tina, he chosen by his Legislature that
he was thirty years Of age and had been nine years q
zen Of the United Statcs2
Mr. Topcey followed in the debate, and took the san
ground with Mr. Butler treating the clauses 10 The cons
tuition providing for the election Of two senator's from each
State as grants by the constitution 10 the State cgislH
lures.
lie followed by Mr. Seward, who argued in favor
4 the claim Of Mr. Trumbull to the scat
PuaLoisna RwrR--we eiy the following from TIE
Mcadville PAL Sentinel
i eTbcre Ia a little controversy spungpg up between New