Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-12-07
Report of the judiciary Committee.
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Hos. N. L. K. H,Y-aa,
i Speaker House Of Representatives.
The Committee on the Judiciary to which was
referred the resolutions instructing said commit
tee "lo take into careful consideration the 18th
.ssection Of the Sd article of the Constitution OF
! "the State Of Texas and to report to the House
son or before Friday inst, lO clock A. NJ, how
''fnr said clause may operate as restriction OF
s'the rights OF the members OF the Legislature to
s.vote for, or elect one of their own body to the
"U. S. Senate, whether the resignation of II mem
'.ber nav obyiate any or all the difficulties which
''may appear in said section, presents nny se-
''rious difficulties whatever" have had the same
under consideration and ma ority of the COM
mittee have agreed upon the following report
The section of the Constitution is in the follow
ing words, to wit:
"No Senator or Representative shall, during
"the term for which he may be elected be eligible
"to any civil Office of profit under this State which
"shal have been created, or the emoluments of
"and no member Of either House of the I.egisla-
"turo, shall during the term for which he is
elected he eligible to any Office or place. the ap-
sspointment to which may he made in whole or in
'spart by either branch of the Legislature, nor
'ssha the members thereof be capable Of voting
''for member of their own hody for any Office
swhatevar, except it be in such cases as are here
sin provided. The President, for the time being
sof the Senate and Speaker of the House of Re-
representatives. shall be elected from their respect
''ive bodies"
The section under consideration contains three
distinct and independent provisions in regard to
officers
The first and second relate to the eligibility of
members of the Legislature to Offices created by
the Legislature of the State of Texas, and over
which 1T has the exclusive control, and your COM
mttee is not advised that any one for a moment
contends that either of these provision relates to
or embraces the Office of U. S. Senator. The
third provision of the section which reads thus,
"Nor shall the members thereof be capable of
'voting for a member of their own body for any
soice except it be in such cases herein pro-
'yided,'' it is contended by some embrace the Of
fee of U. S. Senators as well as all other State
officers, and some deny the proposition.
To determine this question correctly, brief
review of the organization of the Federal and
State Governments and their respective powers
becomes necessary. The several States formed
the Federal Government and established the con-
stitution of the United States, in which is emu
merated all the powers delegated by the repre-
sentative States to the General Government and
therein provided for, the exercise of its powers
by means of three coordinate departments, Exc
cutlve, Legislative and Judicial.
The Legislative department consists of Con-
greSS composed OF TWO houses, senate ana
House of Representatives to be chosen, the form
er by the Legislature of the representatives
States and the latter by the electors of the differ
ent States.
The Sd section of the 1st article of the Consti-
tuition of the United States provides that THAT
'.the Senate of the United States shall be COM
s'posed of two Senators from each State, chosen
"by the Legislature thereof for six years" And
"No person shall be Senator who shall not
shave attained the age of thirty years and been
s'uine years a citizen of the United States, and
'swho shall not, when elected, be an inhabitant
'sof that State for which he shall he chosen By
the first of these provisions the fact ia clearly
tablished that Senator to Congress is an officer
of the United States Government and not State
officer, and the second provision prescribes all
the qualifications that man is required to pos
sess to make him eligible to that Office. The con-
stltution of the United States is the paramount
the law of the land, and no subordinate power
can add to or substract from the qualifications
therein prescribed for Senator to possess.
The Government and Constitution Of the Unit
ed States were in existence and all its officers
provided. when the people Of Texas by their de-
iegates met in convention the year ls45. For
what purpose did the convention Of Texas as
senhlei 1t was TO frame a State government,
subordinate 10 the Constitution Of the United
States in sny particular vhstsFsr- The nsnbsrs