The south-western. [volume] (Shreveport, La.) 1852-1870, 1856-04-30

Il queStl0n mas Deeli Taiseu III ehe to'a'~ -
sippi upon the eligibility Of the hon. Je1lersol
Davis, now secretary ofwar, to the y. ,. senate
The objections arise out of restricted mean
ing ofthe word ..inhabitant, IN that clause @
{ the constitution of the United States when dl
reefs that senator of the United States mus
when elected, be an inhabitant OF that State 70
which he shall be chosen" Mr.. DAVIS was, i
restricted sense, an inhabltant OF the dls'lic
of Columbia, where he has resided as secretar,
of war since the commencement OF the admin
stration of president Pierce. The point raised
is that he was not an .snhabitant'' OF the STATE
of Mississippi when elected. Force is given e
| the objection by the precedent which was OBJ
tanned in Tennessee when T. Grundy was electee
to the United States senate, being at the time
attorney general of the United States, and re
siding in that capacity in Washington city
Mr.. Grundv construed the term ''inhabitant II
it's most limited sense, and did not consider
himselfduly elected, but resigned his attorney
generalship, repaired to Nashville, and, becom'
ing in fact an inhabitan, was reelected, reject
ed second time, for the same term. The ap-
plication Of this precedent, which is similar IN
its facts and principles to that of Mr.. Davis,
has led him to examine the subject in order to
ascertain what is the settled construction ofthe
government in regard to the election as senator
or representative of persons holding executive
appointment, and, as in the case OF Mr.. DAVIS,
continuing to hold them until the seat in con-
gress is actully accepted and occupied. Mr..
Davis has accordingly caused paper to be
prepared at Washington city, and forwarded to
governor McRae, showing the practice of the
government in regard to these cases, and show
Of ef
the lawfulness Of these elections, and defining
what has come to be the legal construction of
the word 'sinhabitant'' in the constitution.
The general argument propounded, and en-
forced at considerable length, is, that appoint
ment of residents, or inhabitants Of State, to
executive offices under the federal government,
is simply employing the citizen of a State on
public business temporarily, and that no person
so employed loses thereby any of his rights as
citizen in the State from which he is appoint
ed. The presidents are examined in detail, and
they strongly corroborate the most liberal view
of Interpretation. The case of Mr.. Jefferson is
considered to be directly in point. Jefferson
held office as ambassador to France, was trans
terred to the office of secretary of state and be-
came successfully vice president and president,
and still was held to be an inhabitant Of the
State Of Virginia, and was voted for as such in
state elections. So it was with president Mon
roe and with president John Quincy Adams,
who both held office for long series of years
under the federal government, within the Uni.
ted States and in foreign countries, without hay
ing lost or being construed to lose their priv
leges as ''inhabitants" ofVirginia or Massachu-
sets. Mr.. Adams was elected to congress from
while residing in the district Of
Columbia.
Precedcnts more directly in point are those
Of Mr. Levi Woodbury., of New Hampshire,
and Mr.. Edward Everett, of Massachusetts,
Mr.. Woodbury. was secretary of the treasury
1nder the administration of Jackson and Van
Buren,, the lastnamed of which expired in 1871.
The Legislature of New Hampshire elected him
senator, while he was in office at Washington,
Is secretary of the treasury; and he took his
eat as senator on the 4th OF March, 1871, with
'ut opposition. Mr.. Everett was secretary of
tate from December, 1852, to March, 1858, |
md resided at Washington city. Within that
ime he was elected to the United States senate, |
md took his seat without dispute.
Numerous other precedents are cited estab-
lshng the uniform concurrence ofthe decisions
n congress in cases Of contested elections, that
bsence from the State where the legal habita-
ion is, for any length of time, on business of
he United States, or in public trust, does not
tier the status of person in regard to his
Ights as an ''Inhabitant," and that he must be
AIKEN to have retained them all as fully as he
reserved them at the moment of quitting the
tate. N Mrs" -z-... -s=
The case Of Mr.. Davis, we think, is made out
cry conclusively. We are only surprised that
ny question should be raised upon a point
hch is SO clear IN the reasons upon which the
olnon of his eligibility are founded, and the
ng uniformity of the decisions in congress in
vor OF that construction. N, 0. Picayune.
Fuss AND FEArHERs.-Meeting of Germans
! Sunday in New York-Assault upon the
Know Nothings'- Resistance of Law-An-
chy.-The Germans in New York held a
Getting n Washington hail. on Sunday last and
used a long series ofresolutions, in which thev
edge resistance to these despotic laws
oeaceably if we can, forcibly if we must.''-
be whole proceedings are marked by total
sregard ofthe laws of God and man, and hurl
lance at the government under which they l
we been sheltered. The day selected-the ]
ne of their resolutions, and the spirit of anar-
y developed, constitutes strong argument in
Vor of blrth-right as the future condition of the
ter. Here is specimen a
Resolved, That we, as good and true Ameri-
n citizens, can never give our votes for can
dates who stand in the least suspicion of know I
t
Resolved: That the prohibitory liquor law,
aimed by our last legislature, is malciously
upon ourpersonal rights, and base a
injuling our constitution and bill of rights, Ii
, foundation of the constitution of our State. "
e do not feel bound at all to obey the same, a
this the Iaore, because it was not demanded G.
/ approved by a majority of the people, but E
posed upon US by a fanatical representation Il
a minority " 4
Resolved, That we consider temperanceism F
know nothingism sprung up Of one and the flu
ne source; and, therefore, call for common III
! energetic action, not only Of our German es
low citizens, but also the Irish, French, ltal "a
5, &c, in general all who are called 'for-
ners.' .-r 9-. .f.s5 4;
-~>-~~-~-----~-~-o-@D--~@-~ $40 e.sa
Fhe Tallahassee Sentinel, of the goth ult., oe
s: Governor Broome, we understand, left IL, III
night in the stage for the city of Washing =