The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1866-12-07
NUMBER 49

al judge, aud becomes a prosecutor of an
individual, or an actor against the right of
the electors.
The people have rights as well as the two
Houses. They have the exclusive right to
judge of the qualifications of the members
whom they choose to send to the General
Assembly, subject only to the Constitution.
The religious faith, the moral character, the
intellectual qualifications Of members, are
for the people, not for the Legislature. This
Point was sOlemnly decided after years of
struggle, by the Parliament of Great Bri-
tain in The famous case Of John Wilkes
Tha notorious person was guilty not only
of libel on the King, one of the coordinate
powers OF the British Government, but up
on morality. In 1868 he was returned as
member of Parliament from the county
Middlesex, without opposition, but the
House declared him incapable of sitting.
Three other elections took place with the
same result, and, at last, the House declar-
ed Col. Luttrell, Wilkes opponent, elected,
| though he had received only three hundred
votes out of the thousand cast, on the
ground that the votes for Wilkes were void
from his incapacity to serve. This meas
ure aroused intense indignation throughout
the whcle country. The contest between
Wilkes and the ministry became a contest
for the preservation of the rights of the
people. But in 1889, " hen passion had
subsided aud sober reason once more pre-
vailed. the House voted that the resolution
by which Wilkes had been declared iucapa-
bic of being reelected, should be expunged.
at being subversive of the rights of the
whole body of the electors o. he King
dom.''
at would seem but the reasoning says
Judge Story (Com. on Const., S. 625).
"uPOn the plainest principles of interpre-
tation, that when the Constitution estab-
lished certain qualifications as necessary
fos Office, it meant to exclude all others as
prerequisites. From the very nature of
such a provision the affirmation of these
qualifications would seem to imply mega,
tive of all others. A power to add new
qualifications is certainly equivalent to a
power to vary them. 1t adds to the aggre-
gate what changes the nature of former re-
quisites."
The dominant majority might require the
member to be Of certain religious faith,
or to belong to a particular trade or calling,
or to possess a specific mental OF property
/ qualification. ''In Short" to again use
Judge Story's language Is. 624), ''Ihere is
no end to the variety of qualifications which,
without insisting upon extravsgaUt cases,
may be imagined"
Under the reasonable qualifications estab-
lished by the Constitution, the door of this
part of the Government, as was remarked
by the Federalist, No. So, in relation to the
Federal Constitution, is open to merit Of
every description, whether native or adopt
ed, whether young or old, and without re-
gard to poverty or wealth, or any particu-
lar profession or religious faith.
But with an unlimited right in each
House to add to these qualifications, there
is no telling to what extravagant lengths
the spirit of faction may induce dominant
majority to go for the purpose of sitting
popular will and retaining power. As we'll,
it seems to US, might each House establish
Procrustean bed for the regulation of the
physical organization Of its memers as to
lay down rules of mental, moral or political
conduct. 1t is enough to say that the Con-
stitution fixes the qualifications, leaving TO
the people the free and unrestrained choice
of their representatives in all other respects,
and to refuse to admit such representatives,
when duly elected, is to strike ai the fun
damental principles of our republican iDsti-
tutions. My opinion, therefore, clearly is
that neither House Of the General Assembly
had any authority, under the Constitution,
or the laws Of the land, for theexclusiOn o.
the several members as above detailed
What then was the effect of such unlawful
! exclusion?
The legislative authority 81 this SiaIe
, shall be vested in a General Assembly
> which shall consist Of Senate and House
? Of Representatives, both dePebdeRt on thC
, people," (Const., Art. 2. Sec. 3. TC
} carry out this provision, the Constitution
. then provides-Sec. for decennial emu
S meration Of the qualified voters, and an ap
3 portionment of the representatives in th'
General Assembly. It then provides sha
3 the number Of said representatives shall, a
: the several periods Of making the enumer
: alton, be apPortiOned among the seveFa
= counties or districts according to the mum
: Der Of qualified voters ia each, not 70 ex
/. ceed 3 certain number, and with an express
I. proviso, ''That any county having Two
: thirds Of the ratio shall be entitled to on
e member" In like manner the number .
s senators shall. at the several periods 0
+ making the enumeration, be aPpOrtiOne'
: among the several counties OF districts, &C