True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-04-02

ute had no effect that il was unconstitu-
iional, aid that Robbins was entitled 10
his seat; and he was accordingly confirms
ed BY the Senate.
II in The exercise of its powers, the
Senate could go back Of this statute, and
find that. under the Constitution Of the
United States, the Legislature of Rhode
Island had no authority, TO pass this stat
ute, why might not the Senate, if the or
ganizalion of the State Legislature had
been in any manner controledby lhe con-
sltuiion or law of the United States, have
inquired into that also, upon the question
of The validity of The election of Sena-
tor? Although the majority of the com
mlIee in that case did not 60 this length,
| find report in the case submitted by
that eminent and deeply y-lamenled man,
the Hon. Silas Wright, Jr., late of New
York, wherein the entire question of the
power of the Senate in the premises is
discussed with signal ability. The ma
jorily in their report had said:
"It is general principle of national
law applicable to all distinct and indepen-
dent Governments, that ifIlhere- arise any
disputes in State on the fundamental
laws and administration, or on the prerog-
atives of the different powers of which il
is composed, it is the business of the
State aI"ne to Judge and determine them
in conformity 10 its political constitution.
Upon this Mr.. Wright remarked:
"rhese principles may be perfectly
sound when applied to nations wholly
disconnected with, and Independent of
each other but the undersigned respect
fully submits that they cannot be appli.
cable'to Governments related 10, and con-
nected with each other, as are the gov.
ernments Of the States of this Confedrra.
cy and the Federal Government. of which
the States are component parts, and es-
pecialIy when the question is the proper
representation of the Slate in that blanch
of the Fedora! Legislature where its SOW
ereigntJ is Represented in the particular
manner pointed out by the Federal Con-
stlulIon. Upon such question, that
Instrument, and not the general principles
of International law, must govern the de-
cislon. We have already seen that the
CONSTITUTION make il the duty Of the Sen
ate to Judge of the 'eerlons' of its mem
bers. Another provision of that inStru.
ment says the Senate of the United States
shall be composed of two Senators from
each Stle chosen BY the Legislature
thereof; and the question now directly
presented is, was Mr.. Robbins chosen by
the Legislature of the Sale of Rhode Is.
land E?
at would seem to the undersigned
with all Difference to the opinion express
ed by the majority of lhe committee, that
the Senate cannot Judge of the election of
that individual unless it look inlo and de-
eide this question; aud that 10 determine
this TO be All unauthorized interference on
the part of the Federal Government in
The domestic affairs of The government of
the Stale of Rhode Island would be to
determine that the Senate cannot, in the
most important point always involved,
Judge oI the elections of lis own members;
thai it cannot judge whether or no. they
were chosen by The Legislature of The
States, when the Constitution expressly
requires that they should he so chosen"
And he adds:
"IIe cannot but consider tia plain prop
osilion. and not requiring argument 10
support ii, that when The constitutional
organization of body of men claiming 10
be the Legislature of IA State, is the ques.
lion in issue, the acts of The body whose
constitutional powers are disputed are moi
to be adduced as evidence Of the constilu.
lional power Of the body to perform
them. ...
Equally clear is it to the mind, thai
when such question is 10 be delermin'
ed the consequences of producing The act
Invalid are not considerations which
should Iegitimaely control The decision.-
The act is either constitutional or uncon
slitutional. If constitutional the dispute
is selIled if unconstitutional, no conse
quences to follow from pronunciation
of the fact can make it valid. So will
the body claiming TO be the Legislature
of the Stale. If the Legislature of th'
State according TO the provisions of lh'
Constitution, the controversy is at an end
if no, the legislature of The State, no acl
of htirs in their assumed character. ant
no -equrnces TO follow from the in
validity Of lhose acts, can give them tn
powers which they had not when the act
were performed, or make them what the,
were not-the LEGISLATION of the Sale