Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-12-07

OF that body we'll understood the extent 1T their
powers, and il cannot lie presumed that they in
tended 10 exceed them They were clothed hy
tho people with the mower % frame constitution
TOR their governments as State, and establish
the necessary GiieeTs 10 exeel,e that government
ami with 40 other powers
Ii ia not 10 be presumed that they extended
their powers, or intended 10 impose disabilitit :
upon tha citizens of Texas, to which those Of 9TH
sr States were not subject, This review OF the
subject Is fully sustained by the lst and I'd pro-
visions 0f the 18th section Of the 30 article OF the
Stata constitution under consideration, and BY
fair construction Of the language used In the
third provision OF tho section, and the establish
ell rules Of Interpretation, Eo Cioers are eInhra-
eed except such as wcrS or should thereafter DO
created under the con nititution and laws OF the
State. Tbs repetition of the words "of this
Stats" in th, third provision OF tho section,
would not have restricted or limited the effect or
operation thereof. lfa different construction he
given 10 the provision and should he sustained,
II would present tho strange anomaly OF a single
State altering or amending the constitution at
the United States in violation of tho 9th article
OF that instrument. Bnt IL Ia said that the pro-
vision Of the State constitution does not effect the
eligibility of member of the Legislature TO q
sent in tho American Senate in any manner
whatever. but that the members are preeluded
from voting for member of their own body be-
cause they are sworn TO support the State con.
st.tutiOn, and the terms therein "apy othce
whatever" includes the U. S. Senator If this
construction of the State constitution is to obtain
it would establish the absurd proposition that IT
a member of the Legislature does an act which is
positively prohibited by tho constitution of the
State. nevertheless the act is valid This position
better established or more universally conceded,
than that an act done which is prohibited by law
is null and void. This is universally the case Of
statutes, and il were possible would be more
certainly so when the prohibition is prescribed
by the Constitution of the State.
The sovereignty Of the people Of Texas is vest.
ed in both that of the United States and that OF
the State they, together, form the State Govern
ment as if both were one instrument; the former
being the supreme and paramount law In case oi
conflicting provisions.
This being admitted, and it is conceived to be
undeniahle, another rule Of construction which
is well established, sustains the view of the ma
iority of your committee. That is, that both in
strumcnts are to he construed together and re-
Gonciled IN all their provisions. and in case Of in
consistent or incompatible provisions, the para.
mount law is to be sustained, and the other null
and void. The power of the members of the Le-
gislature tn elect IL L S. Senator is derived eS.
clusively from the Constitution of the United
States. Such hcing the case. any provision in
the State Constitution, if such there be, which
is denied. which undertakes to limit the exercise
of the power is, and would be, nugatory and
void.
The constitution of the State did not intend to
embrn the office Of L. S. Senator in the section
un6gr consider tion, nor to make any provision
un the subject: aud in TINS view oT the saDie.t,
the ma iority of your committee is fully confirm
ed by the action Of the distinguished Statesman
kusk, (wlo presided over the deliberations OF
the Convention that framed our State cOnstitu-
tiOn, and wao as familiar with its provisions as |
my man that lived in the Z s. Senate upon |
the contested seat of Mr.. Trumbull of Illinois,
The constitution of the State Of Illinois contained
A similar provision to the one under considera-
ton, and yet the most distinguished Jurlsts IN
the American Senate held the provision inapPll
cable to the Office of U. 5. Senator. On that oc-
casion, Gen. Rusk acted under the constitution
Of tho United States; and members of the Legis.-
ature, when electing Senator of the United
States, act under tho same authority; and not
under the State constitution On the same oc-
rasion, the other distinguished Senator from
Texas Gen. Sam Houston, entertained the same
views, and cast his vote with Gen. Rusk for the
admission Of Mr.. Trumbull to his seat in the
Senate. notwithstanding the inhibitions or res
trictons, in the constitution of the State OF IL
nois.
The constitution of the State of New York
positive inhibition against member
Of its Legislature being elected United States
Seuator and yet Nathaniel P. Tallmadge, q
member of the State Senate, after full discus.
sion, was elected to the Senate of the United
States Besides these authorities, the silence OF
The members vf the convention who framed the
constitution upon the subject strengthens tine
view of the majority Of your committee, and
they are therefore, of the opinion that the 24th
,ortl ali # thn IN