The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1867-04-18
SenasD rial Question---Reply to EdiaoriaI


with thsejd ppsiers. He has less than sght horns
10 Aa dilemma and, strange 70 say, has taken eight
them During this discussion, he has made in effect
the following statements
LIST. The negibisy clause is constitutional.
a II u Unconstitutional. las
3D.. IL applies solely to Offices within the State
- sh. q applies tn Federal Offices
5th. II pres cribes additional quafc for United
States Senator.
9Th II docs not prescribe additional quail
Z for United States Senator
TIN. The Constitution Of the United States pre-
sesibes the only qualifications for United States
Senator. RI ~ $780, f~2tsei
sth. Congress and the States may prescribe addi
= iional quaIi6c for United States SENATOR.
Is He says the clause is constitutional and "appiies
solely to Offices ia the State" and quotes Walpoies
amendment prove it, He says it is ituonot
because applies Federal offices and quotes Judge
! Story to prove this. IGs e5
He says preseribes additional qualifications for
United States Senator He says it does prescribe
additional qualifications, because it does refer to
Federal offices az all, but "soely to offices within the
State" t
He says that Section Sd, Art /, of the Constitution
OF the United States, which contains nothing about
Infamous crimes treason, prescrbes the only
qualifications for United States Senator He saws in
effect that both Congress ard tle States may pre-
scribe addt onal qualifications by rendering iusg
persons guilty Of treason convicted of Infamous
crimes.
Put the first and fourth propositions together and it
will be that the editor fully endorses my
struction Of the sttution. The use attempted to
be made of walpoe's amendment is certainly little
singular. The concluding part Of il reads "And
that he win not accep. any other Office appointment
under the Constitution Of the United States the
laws thereof under the Constitution and lars of this
STATE during the time for which he has been elected
Governor"
The whole amendment voted down because as
Mr. Borden said "he already rendered Ineligible
But if, as the editor contends, the application Fed
eral Offices directly presented the convention
and voted down., also the application SAT-
offices. aud the section would remain without any
possible meaning His argument proves too much for
his purpose.
Walpoe presented a substitute for the original sec
ton desired TO accomplish the end, differing only
in the mode Of doing it. The very fact that Federal
Offices were mentioned shows that the attention of
the convention specially called to the subject and
II it had not intended to render the Governor gble
TO offices generally, it would have said "State'
Offices"
As have before said, cannot persuade myself
that those who argue that the ineligblity section ap
plies only to State Offices, have very much confidence
in the same BREATH that the section is unconstuon
al because renders the Governor ineligible Federal
Offices thus admitting that it does apply to other than
State Offices.
Story is certainly good authority, bat allowing
to his language, the meaning and application sought
to be given it, in OF doubtful interpreted uni
form precedent viii prevail. The editor himself adj
mits that both Congress and the States may render
crime and treason causes for disqualification. But in
"a n,.t.. ~.
he admits away the very ground he stands on Crime
and treason rot mentioned in the constitution of
the United States as disquafying causes. Then
Congress and the States my according to the editors
own argument, prescribe additional qualifications TO-
wit: Loyalty and integrity.
The editor says the other sections of tie State con-
stituton rendering persons ineligible to Office for
rious reasons, have bearing the question and
again suggests his famous ditch. The Senator from
Henry County and myself, at the request Of friend
who himself specially interested in the election
os Governor Morton the United States Senate sisf-
ted high judicial functionary at Inaianapaii who
also favored the election of the Governor He tooh
the same grounds and for the reason, that the
editor of the Pailadium does-that the ineligbility
clause is unconstitutional. suggested the OBJ
jectons last essay, and which the editor
grows facetious-that by parity of reasoning the
sections rendering ineligible, member of the Legsla
candidate convicted OF bribery az
election or person convicted of infamous crime
must be unconstitutional. He bravely dnit,ed the
logical consequences of his position aud said, hey
are all Unconstitutional any provision of the
State constitution act of the State Legislature
which imposes any restrictions eligibility the
United States Senate, is unconstitutional believe
I use his Identical language, l know l give his
meaning.
What effect this argument had ny fellow Sena-
tor do not know bu. remembering that Congress
and nearly all the States have imposed restrictions
other than those prescribed by the Constitution of
the Unied States. left him with the profound con-
viction that "some folks are very much ike other
folks" E-- s s-
Before concluding this discussion it may be proper
to state that Governor Morton himself has since his
election the United Sena to- not only admitted
the power, but by his vote, made it the atg of the
reconstructed States to require qualifications for
United States Senator. other than those prescribed by
the Constitution of the United States. t.z
Finally this discussion has been continued as long
perhaps, as it can be made profitable interesting
l have endeavorad to conduct it, my part, wthou
prejudice or feeling, and 90 not complain of
any thing that may have been said against the
other side have endeayorei state in as clear and
succinit manner possible. the for my
on the Senatorial question. Every one must be his
own judge. To my mind it simply question,
whether would would not commit perjury.
The seven wise of Greece once proposed among
themselves the following question sWhat is the best
form of government ?" Dias, believe it was who
answered, That sn Uicl tie laae kao,s superior.
The laws of the land binding alike high low
rich poor, aud it will be sad day for the Republic
when persons account Of their position power ,
may disregard them.
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