The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1867-01-03
.1MI2ITa1I0

~A.,, n.sk choose . man Who 10 mot thirty
vears old: who has not been . citizen
~ the United States for nine years. snd
vho Il not m inhabitant Of the State
That Is all II does not appear that Mr..
rhnubuli 10 less than thirty years old; 1t
il - alledged tLat he has not been nine
vexiesa citizen Of the United States; 1t
r. ii clsimed that he Is not an inhAbi
ssIIk OF the State Of Illinois
But. sir. the Legislature Of Illinois
have not raised the election They have
NO, disqualified the Senator; but still
the charge is made that he Is disqualified
nv the act Of another body. What body
is that? It is q convention Of the peo-
ple of the State Of Illinois, which was
held in lS47 That particular body nine
years ago passed law or made an or
tiinauce, declaring that the Legislature
should not elect man who was Judge,
or who had been judge within a certain
period. What body was that: 1t was
a political body, . State body, q local
body, body unknown TO the Constitu-
ton of the United States, and unknown
in the organization of the Government
Of the United States. Where did they
get their power to pass this edict and fix
the qualifications of Senator in Con
gress ? There is only one place where
they could get IT, snd that is in the Con-
stitution of the United States.
THAT Constitution, however, has not
said that conventions, held by the PEG
pie in the States. shall elect Senators in
Congress. 1t has not said shat they
shall control, or diisect, or authorize, or
interfere in any, way with the s-egisla-
ture. On the contrary, the Constitution
Of the United States raises the Legisla-
ture Of the State Of Illinois, for this par
tieular purpose, ont of the sovereignty Of
the State Of Illinois, above the sover-
eighty of the people etheInselves-- sepa-
rates it, makes it an entirely indepcnd-
ent BODY for this special purpose, and
secures the action Of thelLegis!ature free
from the control OF che people Of the
State, and Of course beyond the control
of any convention or assembly of the
people of the State. ~
This political body~-tle Convention
lis not only not recognized by the Con
stitution of the Limited States, from
whence all power for tue election of
Senator in Congress proceeds, but the
Legislature, and tho Legislature alone,
under the Constitution, are invested, not
merely with the power to choose, but
with the exclusive power Of determining
certain incidents in regard to the con-
duct of the clloic e--the transaction of
making choice. What arc they? Some
body in the State is allowed by the Con-
stitntion of the Us,ited States 20 direct
the time when the election shall be had,
subject to revision by the Congress of
the United States. a9
.Who is it that Is authorized to do this.
Not conv ention Of the people Of theState
but the Legislature. II, then, conven-
tin of the people Of the State of Illinois
had assumed to fix the time for. holding
an election of Senators, either the
act would have been imperative, or
would only have had effect rs an ordin
ary act of Legislation, because the con-
vention could not interfere with, or con-
troll, or direct, or restrain the action of
the Legislature itself in this particular.
$50 also as 70 the place and as to the
manner Of electing q Senator of the Uni
ussd States. The Constitution of the
United States knows no convention of
the State. It knows only the Legisla-
i've body for this particular transaction,
Anad Il makes the action of that body in
11n1nat sstisely Of any control by the
people themselves in regard to the place
and manner, as we'll IA to the time of the
election.
ssThie must necessarily be SO, be
canoe the Constitution Of the Govern
mont Of the United States is perfect; it
u complete it is not q piece Of patch
work. made up of different elements,
constituted by different political bodies
but it is one whole and complete institu
ton Of itself.
THE Constitution of the United States
fixes and determines all that can be de-
termined by any body in regard to the
organization and Constitution Of the
Senate. f
IF this were not SO. and we were to
adopt different construction, it would
never be known and it could never be
known, what would be the elements or
constituent qualifications of the office OF
n Senator in Congress for it would de-
pend. not upon the Constitution of the
United States, but on the Constitution OF
each OF the thirty- one States, and rs
many more States as shall hereafter be
admitted 10 the Union. 1t would be
subject tosperpetual alteration and change
by the people OF the several States, act
ing entirely without concert or combina-
ton with eseh other. and tending to con-
fusion. disorgaaization and distraction.
No. no, sir. The. Constitution of the
United Ststss ris 10 such feeble, incom-
petent, wnetcLed continuance as this.
We thisls the foregoing authorities
etfectually dispose OF the constitutional
arguments ofSe1stor CRAvENs, and that
after perusiag them he will not be de-
TERED by conscientious or legal scruples
from voting for sthe man of his choice,
even though his fa<orite may be the
Govecor.er = member of the
Legislature. We have discussed the
question at u great length. but the writer
hereof ha~ing been one OF the eighty
eight Republican members of the Legis-
lature which elected = eSernor LANE to
the Senate, was unwilling that the impu-
tation OF violating thcir-afficial oaths by
that act should pass snnoticed; and
futhcr more re wished to settle. by the
citation of authorities and precedents.