The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-12-19

kJIdUCs Ny AOA OOAoheuDAOn. VI OOhOi
wise, add to or take from, the qualif-
cations of United States Senators, or
add to or take from the qualifications
or duties of those who are the electors
of United States, Senators? To say
that State can do this, IS to say that
the same State may alter the Consti-
sutton of the United States; and
yet, Mr.. CRAvENs says that State
may not only dothis, but that Indiana
has done it, by providing that neith-
er the Governor nor Lieutenant Gov
,ernor shall be eligible to any other Of
fee during the term for which he
shall have been elected.pl9X1
1--WE accept Mr.. CRAvENs's definition
Of the terms eligible, and eligibility
They mean the capacity to be Uoted for
or elected. Now, under the provisions
of the, Constitution of the United
States, OLIVER p. MORTON having
attained the age of thirty years, and
having been all his life citizen of
the, United States, and being an in
habitant of this State, is clearly eligi-
BILE to be, voted for and elected as
Senator for this State in the Senate of
the United States, unless the State
can alter or add to the Constitution
of the United States by inserting
disqualification rendering him ineli-
gibIe during any term for
which he may have been elected
Governor of Indiana. Mr. CRAVE Ms
does not discuss the power of the
State to do this. He takes that for
granted, and then interprets the Con-
stitution on the basis of this assump-
ton. Now the logical way, we submit,
would be to prove in the outset Che
power of the State to render any per-
son ineligible who is, declared to
beineligible by the paramount law
But Mr., G. may think he has estab-
lished the power, and to do him justice
we win quote what he says, although
we confess his ideas seem to be some
what mixed. ,tt.,ss. 80 ,sssr.f, u K
49, Again, (says Mr.. o. it may be
said that the provision is not in har-
mony with the Constitution of the
United States. T cannot see any con
fiict between that instruments and the /
clause under consideration. Z All de-
partments of the Government agree
that the elective franchise is of ex-
elusive State jurisdiction, >" Granted, 4
Mr.. c., but pray what has this to do
with the question, and when was. 1T
agreed by any person that the elective
franchise, so far as voting for United
States Senator's concerned, is ofexclu-
sive State. Jurisdiction? We thought,
Is TO this, it was of exclusive Federal
Jurisdiction, and that the franchise
had been regulated in the Constitute
ton by requiring United ], States
to be elected by the Legisla-
lures 9Q2t # the States Il respectively.
Hence 4 Continues hqMrygFC.,) a
State may confer this privilege7(the
electiyen franchise) upon "a aeiti-
gen. or Withhold it from him; "a
State may thus endow a citizen
and withhold the right to hold office.
1t is of almost daily occurrence, that
,itizens. for certain offences are de-
prived of. both these rights. But the
State, in the clause we are. consider
ng, does nothing of the kind. It
loes not attempt 10 strip citizen of
ing a,fiei1e5e Or right conferred Jy the |
General Goperameat. Il only pre-,
'cribes the conditions Of has boiling
,ffce in this" 71E
Mr. CRAvENs manifestly thinks
hat the position Of Senator from Tn
llama in the United States Senate
s a, etice IN this State, and
lnder its government. We don't.
The truth is, the Office of
Senator is a Federal Office, and
he State cannot add to or take
rom the qualifications required by |
he National Constitution. The Leg
stature of the State may, in its dis
,retion, refuse to vote for any partic-
liar man who has all the qualifca-
ions the Constitution of the United
States requires, but if they vote for
4 man having these qualifications, and |
elect him, there is no State power that
can say to him, : You were not capa
Die of being voted for or being elect
I'd. Nor can any member Of the
Legislature who votes for person for
United States Senator, who has the
qualifications prescribed in the Com