Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1857-02-07
maoison Correspondence
Extreme CoIa-senator Election.
MADISON, Jan. %, 1851

+
DEAR C.:-There Is a patch Of cold
weather in the month Of January of every
wear; this patch has become colder and
colder, and longer and longer. What do
YOU think Of thermonters falling to SO be-
low zero. Since DR.. Kane explored the
north pole, Jack Frost has followed his
track southwark. Even in. Maryland, the
thermometer has been fourteen below zero,
and the snow from two to three feet deep
Ein the streets Of Baltimore. Perhaps the
augmentation ofthe cold will drive the in
Ihabisants from what has been called the
temperate to the torid zone. Some wri-
ter IN the Scientific American endeavors
10 show that the winters have been increas-
ing in rigor in North America and As
| ia for series of years. L is said that
Greenland centuries ago enjoyed the mild
climate Of Italy. Ipresume however, Wis
lconsin will not be diverted as longas she can
elect Senators to Congress. This business
has at length been settledto the general sat
lisfaction Of most persons. James r. Doc
little was nominated in the Republican
Caucus Of the 21st, and was yesterday
chos n in joint convention as Senator 10
Congress for 6 years, from the 4th Of
March next. Some Of the members of the
Legislature did not think Uoolittle eligible
in consequence Of Section 10, Art. VII, of
| the Constitution OF the State, declaring
Isuch Judge should hold no office during
that term. Judge D., was elected Circuit
Judge in 1858; he resigned 2 years ago,
bat his term would not expire till 1852
It was contended by the majority of the
members that this clause of Constitution
could only be construed to Offices under
that Constitution, viz state offices-that
the Office Of Senator was an office under
the Constitution of the United States, and
mot state Office though filled BY the Leg
stature of the State. An Office derives
| it's name from the constitution under which
| it is to be exercised. M
! 4 State Senator is elected by Comfy,
nevertheless It is State, not a county Of
| fee; further, the state convention did not
intend 10 lay down rule which no power
possesse by the state could carry out. 1t
icouldnot apply TO United States Senator,
for no power in the state could declare the
vote Of the joint convention void; if the
members choose to give such votes. The
Senate of the United Safes could alone
declare the votes of the convention void,
but our State Constitution can impose no
obligations on the u. S. State Senate,
las that body must ssbe satisfied its mem
bers possess the qualifications expressed iD
Sec. VII, Art. of the Federal Consti-
tuition.
Judge Doolittle would be eligible to the
Office Of President or Vice President of the
/ United States, for the reason that if the
people chose to vote for him, no state con
stitution could say he should hold no Off
ce, or that the vote cast for him should be
void. Our state constitution should be
construed to control the eligibility of per-
sons to state offices for the reason, that
state power or authority can 60 no farther.
IF a state Legislature chose to elect q
man as United States Senator not eligible
to any state office, as for instance, a con
tyicted criminal, the Senate of the U. S.
will disregard all state disabilities, and
| only regard the qualifications expressed in
THE United States Constitution. The
whole question was decided in the case Of
Judge Tmmbull wilowas elected by the
| Illinois Legislature TO the U. S. Senate,
under. like State Constitution.
Judge Doolittle was nominated in eau
! Gus on tht 2lst. Here is a record Of the
Is ballottings which occurred on his nomina-
ton.