The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-05-20

and had accepted. In the Senate OF the
United States, question was raised as TO
his eligibility, and as to whether the consti-
tuition of Illinois had power, under the con-
stitution Of the United States, to impose
such a qualification in other words. wheth.
or the qualifications for Senators set forth
In the Constitution Of the United States
were not absolute and binding, and did not
snpersede the provision Of the constitution
OF Illinois. The Senate 80 determined and
that Senator nov holds MS seat. in the face,
in the teeth, aud against that provision Of
his own State.
Whether that decision Of the United
States Senate was right or wrong, will
not now stop to inquire, or to express an
opinion.
/ cannot take up my time in citing other
analogous cases. Many instances might be
adduced from the decisions of courts. 1t is
enough for me TO affirm that the Constitu-
tion Of the United States declares that this
Constitution and the laws Of the United
States which shall be made in pursuance
thereof, and all treaties made, or which
shall be made, under the authority of the
United States, shall be the supreme law
OF the land and the judges in every State
shall be bound thereby, anything in the con-
stitution or laws Of any State to the con-
trary Notwithstanding" | say, therefore,
in answer to all that has been said in refer
ence to the Constitution of Minnesota being
in violation Of the Constitution of the Uni
ted States, that even concediDg the point for
arguments sake, (which do not concede in
fact,) this would not be just and valid
ground on which to reject her admission.
1t is question which can be properly dec-
ded when it arises, if ever, by the prop
er Judicial tribunal before which it may
arise. We, on the question of admission,
can only look into constitution to see that
it is republican in form.
Mr.. TRPPE. desire to ask my colleague
whether he concurs in the Green amendment
to the Kansas bill, which asserts the right
OF Congress to inquire into the constitution
Of any State applying for admission into the
Union, in order to see whether it is con-
sistent with the Constitution Of the United
States
Mr.. STEPHENS, Of Georgia. Ny time is
short, and want to argue other questions
but | will say TO my colleague that there
was nothing in the original Green amend
ment which did not meet my cordial and
hearty approval. There was nothing in it
which inquired into constitution. 1t was
altogether negative in its character.
Mr.. TRIrrE. If my colleague will allow
me, think that right was directly asserted
IN the Green amendment.
The SPEAKER. The Chair desires TO sug
gest that the Constitution of Kansas is not
before the House.
Mr.. TRIPPE The same principle involv.
ed IN the amendment to the Kansas bill,
to which ! have referred, is contained in this
bill.
Mr.. STEPHENS, Of Georgia. | cannot
discuss that question now. There were
words added TO the original Green amend
mcnt that ! considered liable to objection
but, being negative, were not insuperable
with me. Now, Mr.. Speaker, lay down
this proposition, that there is nothing, in
my judgment, in the constitution of Mime
sofa, inconsistent with the Constitution OF
the United States
The gentleman from Ohio, Mr.. Sher-
man, who led of in this debate, argued
that there was no clause in the constitution
OF Minnesota by which the present elected
members Of the Legislature could be pre-
vented from holding for lie. Well. sir, sup.
pose the gentleman was correct-but | do
not coucede the fact : the constitution would
not therefore be anti-republcan would
not vote FOR such constitution if | were
thgrp Ent ulut
lican form OF government? 1t is, as | I'M
de, stand it, a division Of the three grea,
branches OF govcrnncnt-the executive the
Judicial. and the law making powers. That
division is certainly in this constitution.
Several Of the States have made the Judi
clary elective, or holding Office for life
Does that make their constitutions anti re-
publican! The Constitution of the United
States does this. If the judiciary can hold
Office for life, why not the executive? and
why may not representatives. as well, il the /
people see fit to make such constitution! /
Ii would not cease to be republican in con-
sequence. IL might and would be, in nv
Judgment, a very bad constitution: but / /
say that OF that We cannot rightly Judge.
debate-the alien suffrage clause, as il il
called, IN this constitution. have said
that 1t was no new question. 1t is grave /
and important one, but i, is coeval with the /
government. Mr.. Speaker, il there was
any subject which was seriously watched and
guarded in the formation Of the Constitution
OF the United States above all others, IL was I
tina; the Federal Government should not /
touch the right OF suffrage in the States
The question Of who should vote in the sey. ,
eral States was left for each State 60 settle .
for itself And so far "a am concerned, ! .
say for myself that there is nothing 10 the
doctrine OF State rights that | voIld defend
aud stand by longer, ard fight for harder.
than that which denies the righ, Of the Fed
rral Government, by its eucr0achmrnts. 10
interfere with the right Of suffrage in nv
State. The ballotbox, that i what each
State must guard and protcc, for itself;
iha, Is what the people OF the several States
IL 81