The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1862-01-01
From the Detroit Advertiser.
g Con sslausIO"al CaMdldase0.

The Niles Inq.irer. in recent issue. mas
a lengthy ar, Gle under the above capt on, 10
which the writer endeavors 10 show that the
nruyj,ion of our State Constitution. Art D.
sec II. is i'm d rect conflict with the C"n~t'tu
lion of TIL. Unit States, and vo d. and the G
fore. the members Of our Legislature should
entirely d sr,', Ard II.
No. LIT Us car, fully compare the lancuag
of the tao Constitution Tie Cont tut.o
of the Unit Il States Subdivision 8 sc s. Ar;
|. prov ia, : that No p r.on shall lie Sci
O. who hall not have attained Ia the rye o
tn rty wears and h en- nine " ars ac't.zea o.
| The United States. and who sha not. wlei
-lected he an inhab,ant of the State ici
which b. .halI BE- chosen Sec. 10. Art ). OF
lur Stat. Co sritut.on prov des that g" No pr
on elect. d Governor. or Lieutenant GOverno
, h III be eligible to any ofice or appointm
from the Legislature. ,r ,iin,r house thereof
| iur NJ the me fer which be Was elected. A
,ot for either Of q EN-. for any such once
hall he void" A sim lar provision applies T.
| our Judgs.
| No on will pretend to deny that the C"nst
| ,ntion of the United States has lett TO tn
state Legislature the sci. power OF choO>in;
| such Der on or citizen at the STATE. n {" thes
| jadomerf ,hall possess those qualifications bet
| I'd ipted t. represent them in the Senate OF III
| Gnitd S ate>: prosidd be shall be thiri.
wears of age. min" wears u citizen, and an IN
| .aLirant # tn stare.
II will he noticed that the Constitution o
| the Unit States do not say that every pei
| on ia the state of proper age. etc. Is quar-
I'D for a Senator. Ii any one should draw
| ,uch an inference from the language. then the!
,ouli lie compelled TO admit that women. thu
| leaf and dumb. r>ons who could neither
| read lior write. or speak the English language
| indians, and eren "'gr"es. might all lie qad'
| 4, d aud ei,oibie to 81 at in the Senate OF tn
| fniied States. If. then. the Legislature pos
| .ess the power Of cho ce. and can take int
| ,onsderat on qadfi dcdiions other 'han tno-e q.
| age. residence, etc why tn n should the voc
| D. the D -upe be disreg arded When utter d ~
| the clear tones of their cons'itution! IL oui
| col,st tuition Confi.cts with that If the Cnit,c
States. will some one tell us WHEN. where ant
nv what court the question was adJud Gated
| congress. clearly. has no power to So { aide q
| plan provision Of our State Constitut on
| which does not conflict with that and We art
| vet to see whether our own Legislature will ~
slime the responsibility of doing it, But ou'
| State Con ti,utiOn pr,scrihs no new. nor. IN
Iced. any om"i,fcat o,s Uhdterer. Tut simply
| 1T. limit to 6c observed hy the Legislator
| n the di,charge of a certain duty. III the du-
v cannot be d scharg.d without conflicting
| with one or the other at thee C"n-titnt ons
| then plainly. there is direct conf ct aid IA
one would blame the Legislature in trampilnl
| under 70 II the State Constitution. Our legis-
iatOrs have sworn to uphold bnfh the COnsIitu
ton OF the Unit d States and also the COnsti
tuition OF This State. and the simple question
then. is. can they support 10th aud not violaf,
itb.r. II they can. we would merely suggtsi
shether it j. not advisable to do so. 1t seems
to us that the true test OF the Constitutional
ty OF the provision ia our Constitution is. Cali
both CONSTITUTIONS be supp rted and neither
violated. IL they can. then by every princpl,
of const uction. they should receive that inter
probation. That they can DE 80 construed -
both he obeyed and neither violated, no ont
for moment will pretend to d-ny.
Our Constitution uses the word =. Ineligible
which simply means temporary disability
something not Advisable 10 be done and has
| nothing whatever to do with the question quail
.fcation. Vic, Pres d. ut Hamlin is undouht
,dly thoroughly q"ai.f, for a Senator, but b.
s not eligible.
TIE wisdom Of the provision is of itself
sufficient rea'On why the Legislature should
resp.ctit, When the p ople have elected Ger
| tain Men t. office they cl, ary have . right to
demand that those men shall serve them 10
those Offices and they ought not to be d. priv,d
of their services To take th m from tho.e
Offc' 5 has tendency TO d sorganize and inter-
rupt the regular Course OF affairs OF The State.
We fluid no fault whateysr with the act on
of Congress in Senator Tfnmbulrs ease. nor
With the views expresss d hy the learned Sena
taeh lsyotfe rSIfsS ixa9ser vuT hsig
would do or has done in a given case. Lut rim
ply " hat is the duty Of our Leg stature IL tn.
premises. And now We candidIy submit
whether it is not far h tt.r tr or EeWHa
pers and public men to advocate n strict ad
hrIence to a plain provis' on of onr State
Constitution rather than be hunting mp some
reason pretext. or excuse for its violat on.
Again N. re is moral phase tn this ques-
ton VII Oh ought not to be overlooked. The
decision Of Constitutional questions AID the
validity and binding fnrce Of laws hy those
havin ing no judicial powers whstever. is getting
to b. quite too common a practice. 10 ray the
least. / dividusls as well AS conventions.
without due consideration. attempt 10 null ~
and st at Raught the most solemn acrs Of leg
sia'ou which happen to conflict with their
pr conceived opinions.
The tendency of all which is 70 demoralze
the public miud and iring the laws Al nsti
tntions Of our government into dsrepute. II
our l. g slniOr- wOnid have their own la~s re-
So. ci-d. they must FIRST set the example bv
scrupulonsly respecting the Constitution which
gives them their very existence politically
Even if We almit that our State Const tuition
may be in conflict with that of the Cnited
State. flo comprtent tribunal has yet decided
it to he so. and until it shall be SO decided. it
clearly remains in full force and virtue. and
NTH ng but some unav o dsble ecessiiy would
seem TO justify its violation. II any Of its pro-
v sioBs are wrong. the people in the lawful rx
'rcise Of their sovereignty. have full power TO
apply the prop'r rem edy; but no man is COM
PEELED TO violate thin. Our law makers,
above all others. should not be law-brcakersl
How homo able would all those spps ar who
now hold responsible offices in our State. and
whose names have been ment on.d 10 connec
with the vacant S-natOrsfip. were they 10
promptly withdraw their names from the con-
test, having accepted Office with the tacit un
Outstanding at AT. that they should he con-
,idered incl q be for the Term for wh. ch they
W. re s"verally el cted. Such an act OF polit.
Cal honor coulds carcely 70 to lie duly appre-
Gated.
Marshall, December 10. 1861.
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