The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1861-12-25

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yAus u POxIxR, Sec'y Of State.
There 10 NO Con1liei.
A number Of Republican papers in the State
ass attempting TO show Q coDhict between the
State Consultation aud the Uuited States aud
bsing forward the debates in Congress upon the
validity Of the election OF Senator Trambull OF
Illinois, who was elected in defiance Of the pro
vision Of the Constitution OF that state; a. we'll
- the opinion OF legal writer's, " grove their
pesasion. We have nothing 70 say against the
decision Of the Senate 6f TIE United States In
that case. they decided it upon The provisions
81 the Federal Constitution, nor could they 81
beyond that, ~ Inquire into the validity or legal
iiy Of the election under the constitution OF H.
hnoia. That was disposed Of when the members
1t that Legislature disregarded their soiemu
oaths TO support the State constitution and cleo
ted hun Senator. He came before them with
proper c,edentials, aud they decided by the
power conferred upon them BY tue cousu ,u,iob,
Art l, Sec. 8, ''ksch House shall DO the judge
Of shs election, returns, and qualifications Ut aus
oVn members"
A to the right Of the people Of State to
create BY their constitution, qualifications. sAo
% make requirements lot found IN The Federal
CONSTITUTION, touching membership vi the UuiIed
States SsnAss aud The House oi kepI esentxllves,
NJ. Jefferson was OF op'uiou that they could d.
-. NJ. Justice Story held the opposite doc
tsins. But no QUE will iail to observe ,hxI the
asgumsnts OF the latter, rests entirely On lhs
maxim that "AseIsss0 H,siws sst szctxs,o alter.
jss;;" thss ID. that because the constitution Of
the United States declares that mo person shall
b Senator Who shall not have attained 70 the
ags Of thirty years, and been nine years citi-
zen Of the United States, and who shall not,
which he shall be chosen" is iolows that the
people Of State are prohibited from requiring
any other qualification for such "person." This
b the pith Of the argument-the rule Of con.
. court 9. .stics is alsays slos to adopt, for
the reason .tas il 10 liable to work wrong, and
70 impart to an instrument an effect which the
parties did not ioresee or intend; and NO one
will deny that 10 reading the above cited clause,
Il seems to intend that whatever other qusli6ca-
lions the State NAV require, the "person" in
question shall At least possess those Of age, ci,i
ssnship, and residence, as mentioned in the
clause; not. that if be possess these solely, he
shall in spite Of the State be held to be quail
Aed. A he is to be elected BY the State through
IL Legislature, and not BY Congress, it would
seem TO be the more liberal aud natural construc.
ton 70 allow the State to declare the qualifca-
lions, subject to the restrietions contained in
the clause; for they are plainly restrictions upon
The power Of the State, and a. such 70 be con
stsued strictly.
That this was the view taken BY the Conven-
don that passed the State Constitution is evident.
The State Constitution has thus far been scru.
pulously obeyed in reference to this subject, and
more than one Of our most eminent citizens has
bssn excluded BY this wise provision. II has
b. long practice and acquiesence, become rule
Il State policy, and whether there be at the
present time any good and sufficient reason for
attempting to depart from it, ID not obvious to
TIE people. The constitution at least embodies
tRsiv siskes on the subject, or they would ere
:his have chansedis. Althougha departure from
& nay possibly be treated BY the U. s. Sci ate
- not unlawful, 90 far IS they are concerned i;
seill. - each member has taken an oath not to
promote such departure by his vote, the ques.
tion Snnst nreaont ;tSalf ond ho sDlrad hv aech
1oe himself, whether he will in the face Of that
cath become instrumental in overturning that
leng established policy. Though it should be
rssarded that in peint Of Law the oath is void,
seill The fact that is has been deliberately taken
visA iaesn. 70 keep it, the fact that is may be
keps By voting for person, where our constitu
Hea does not disqualify cannot be hidden from
view.
Laws are intended to be construed by person,
a ordinary understanding. and BY the rules Of
common sense. Says jefferson, 1.-THE capita
and leading object Of the constitution was te
leave with the States all authorities which re
spseted their own citizens only, and to transfe,
70 the United States those which respected
Wss1SuU W sVseiSu W Otuer Stote0S 70 MAKE
- several a to ourselves, but one a ts
n others. Can any good be effected by taking
iron the States the rule Of their own citizens
cd substituting il to the general authority
which may justify forcing the meaning Of words
hunting after possible constructions. and hang
ing Inference on inference, from heaven to ear,l
The Jsesb's ladder.
"Ssch IN intention Vas impossible. and such I
keentiousnea Of construction and inference
szsrcised By both governments. as may be don,
With eqaal right, would equally authorize boil
10 claim al poser general and particular an,
bssak'up the foundations of the Union."-Wesk
Jsfsrses, seL Z. p. 2es ssd 297.
The provisiou Of our constitution 10 plain, an,
there b no evsding it. Neither the Supreu
Cssrt Of shis State. or VI the United Ssases hav
decided is unconstitutional. and though preee
dses we're piled upon precedent, they shoul
Aasa. and can have no force With the member
q ssr legislature, without the sanction Of judi
Cd ssshesiey. We are engaged u present in
onaA4seo9e n the eniosecnens Of coostisu
tD11 sd aathosity, and We believe il to b
seasd dSay 70 abide By law. if Ne would main
- Tie Democratic party are watching n
~ sssls syse cd nothing would crafty theu
~ tAaa - sssh vio,aasd in one Of il plainsa