The daily union., 1856-02-02
rup ILLINOIS CONTESTED ELECTIONS.

the election oil MT. Ifumouh 70 tho opa o"'eS oehale
We understand Mr. Fouke has no object In view but the
settlement OF the question by Congress;
MEMORIAL
n, N, Jo,,. Of Representatioes Of tie Congrss, Of a,
! Jaifed States nosc "a bssssoa
Your memoriast would respectfully represent That
at an election held in the 9Th congressional district Of the
State of Illinois the 7th day OF November 1854, he
was duly elected according to the constitution and laws
said state representative in Congress nom said district
and your memoralist now claims tue right TO seat in
| YOUR honorable body by virtue OF said election
In support of your memoralists claim TO said Office h,
here presents beoowing facts for your consideration aad
decision ,,n,,,,
The udoe OF the supreme and circuit courts shall be
eligible to any other Office OF public trust or proht In the
State or under the United States during ths term for whe
ey are elected for year thereafter, and all votes
given for either of said persons SO elected judge for
elective office except for said ohca OF udge either by
the people or the general assembly, shali % xo'd
Your memoriast represents that at the same eleC
ton for Congress in said district Lyman Trumbnll was
also candidate and received --- votes IN said district
and your memoralist also received - votes for the
same office being the largest number of votes given for
any person said election for Congress except the said
| Lyman Trumbnl,
Your memoriast represents that the said Trumbul on
the 7t day OF June 1861 elected judg9 Of the su
pree court Of said State for the term OF nine from
the day of said election; and the said Trumbal, the
2ih day of June 1852 accepted said oce OF Judge aud
took the necessary oath of Office under said State cons
on and entered upon and exercised the duties of said
office and received the emolnments thereof
!
was not eligible to seat in Congress, as the term for
which he elected judge as aforesaid had not expired
the date of said election for representative IN Congress
and that all the aforesaid cast for said Tumbu
were null and void and that tue greatest number OF legal
votes cast said election cast for your memoria
| for said Office
| The said Lyman Trumbu is not claiming said Office
but has taken seat the United States Senate and has
been sworn member of that body Therefore as there
is contestant other person than your memoraist
claiming said Office, the only question to be decided by
your honorable body is whether your memorias elect
ed OF not. The question presented is not one OF qualities
ton of member Of Congress- arising under the consiu
ton of the United States but is question Of election
arising under the constitution and laws OF the State IL
linois.
To determine the question whether person has been
duly elected representative or senator in Congress recourse
can only be had the constitution and laws Of the State
where the election occurred and to the facts of the
By the constitution Of the State of Illinois, all the
cast for Mr. Trumbul by the voters Of that congressional
district were Illegal and void and the only legal votes
at said election cast for your memoraist for
said scat 10 Congress.
1t ia respectfully suggested that the people of each of the
sovereign States of this Union have the exclusive right
make their laws regulating the election OF members
of Congress- subject only 10 the provisions OF the consu
ton of the United States that the electors who have
right by the laws of the State to vote for the most
branch Of the State legislature shall have right
| to for members OF Congress.
Each State has right either by constitution or law to
provide what force and effect shall be given to the
votes cast by the citizens OF the State consequently the
State of Illinois has the power to provide by its constu
ton that for any class of her own people o
| any particular office designated should be void.
If sovereign State oil this Union desires to provide
judiciary the members Of which cannot receive legal votes
for seat in Congress during the term for which said mem
bers elected appointed thereby 10 remove all temp
taton said judicial Office means to elevate u
incumbent to political stations it is respectfully suggested
that there Is In the general government TO prevent
State from doing such an act
State has authority TO determine by the law-makag
power of the State what particular class of its citizens
will employ t. represent the State in Congress subject
only to this restriction that the State cannot provide
law otherwise that persons prohibited by the cona
ton Of the United States shall be elected to seat in Con-
gress.
The above-reced clause In the State constitution de-
clares that those votes for Mr. Trumou pod and
conended by your memoraiist that II does not violate
come in collision with any part Of the constitution
the United States and therefore, is valid H then The
State had the right exercise this power and in doing
has declared said votes void, II is respectfully suggested
that your honorable body has power TO declare said
votes valid If single house Of Congress can do h thea
in vain that States make laws regulating and defining
the elective franchise of their people.
II may be urged that your memoralis did not receive
majority of the votes of the district and that Mr. Trumbu
received larger number and that majority Of the yoter
Of the district have right TO select the member OF Con
gress. In answer however TO this statement 1t is only
necessary that but for the constitution and laws
the State there could have been no votes at all cast and
election could have been had and therefore such vot
can only have the effect given to them as provdedby b
law under which they cast
II be said that this is attempt the part OF The
State constitution 10 FIX the qualification Of member
Congress bat 1t is not perceived bow clause in State
ed 20 Congress be understood fixing the gudifS
ons Of persons be elected The constitution OF the
United States provides that each house Of Congress sha
judge Of the qualifications Of Its members but this
constitution does not FIX the qualifications OF members Of
Congress II provides In the second section Of the m ar
tcle That person shall be representative who shall
not have attained the age of twenty-five years and bern
seven years citizen Of the United States and who sbal
not when elected be nhabitan Of the State in which
he shall be chosen
The third section Of the same clause provides That
person shall be senator who shall not have attained
the age Of thirty years and been nine years citizen Of the
United States and who shall not when elected be an In
habant Of that State for which he shall he chosen
II respectfully suggested that those clauses do not m
the qualifications Of members Of Congress They provide
certain dsquahcatious aud prohibit all persons aborng
under those disquaing circumstances from being elected
To Congress IL does not provide that all persons not
boring under those disabilities may be elected While
therefore, the House is the sole ashority TO decide uP
the election OF its members 1t Is urged that this dceisoh
must be made with reference alone e constitution ari
Of ne States from wkieh ne members rsspecfivciv
Have then the States Of this Union, by surrenderng
the general government the right TO send those proh
persons 10 Congress thereby surrendered the power
provide by law certain other disabilities upon ber oEn
people and they should not be voted for by her own
voters TO seats in Congress- II this be So then STATE
could not provide by law that convict In the peniie
tsrya person rendered infamous by crme-should not
elected to seat Congress and a State should pass sn
law and district of the State should disregard " %
elect Of those classes yonr honorable BODY
you could look behind votes 10 the law Of the S
under which the election held, TO determine whetbd
such person eligible not because that law, uh
construed would be attempt the part Of the STATE
fix the qualification OF members Of Congress and woui
yield to such degraded person and vote equal
any member your floor
This memoralist respectfully suggests that 10 give ia
force and effect to the constitution Of the State OF ILLINOIS