The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-11-12
The Tennessee Senatorship.


admit that Il took the wrong vie" oi 'h'''
section of the Constitution OF tennessee
which is supposed by some persons TO aus
qualify Mr.. COOPER for representing sli'''
State in the United states Senate. Inc
Cour4er's side of the question hardly ao'h''S
Of argument, il seems 10 us and so we are
not surprised at finding that the Courier, III
attempting 10 make good.its case, has 10 re-
sort to such reasoning as this
s.The only direction as TO the mode OF
elccting senators is. that thoT shall he chosen
bv the State Legislatures. Now, the power
Of choice implies the right to exercise dlS'
crction. and 10 exact the tuiftment OF GER
tain conditions not prohibited, as the terms
OF making u choice. In pursuance OF TINS
discretionary and elective power, the peo
pie of Tennessee deemed it eXpedicnt tc
ordain that no member of their State Legs
laturc, during the time for which nc wa,
elected, should be eligible 10 the senate .,
the United States. Does this requirement.
conflict with the terms of the Federtl Con
stitution, or with any raqa cNiStinS oy VII
tue Of it, provisions! Does 1he 1ohatit!'
ton give every man who is thirty years ola,
&c. = rigbt to be elected to the Senate, and
is It the only function of the Legislature 10
ascertain whether the candidate possesses
these constitutional qualifications or not
How are candidates TO be nominated, ana
on what grounds:
1--WE think il clear that 4 State cannot
be charged with violating the Constitution
in requiring additional qualifications per,
fcctly consistent with those embraced
therein.
"Thc maxim eLpreSSio unUs, &c, would
apply to any attempt on the part OF lhe
United States Senate 10 demand other quail
ifcations than those specified in the Con-
stitution, but it i not appropriate TO the
action of n body which does not derive it
powers, but only few very general hmlta-
lions, from that instrument"
The Federal Constitution does give to
every man who possesses the qualifications
it prescribeS the right to be elected to the
United States Senate; but it also gives to
the Legislature the right to say which two
Of many thousands possessing these quailf-
cations shall be senators. If state can
require qualifications different from those
specified in the Federal Constitution it
can require any ii plcascs not forbid
den by that Constitution. The argument
of the Courier leads to this conclusion
that the Federal Constitution having
named three out of Il hundred possible
qualifications. the state Constitution may
REQUIRE the other auReiyScrcn. In Il
word, the Courier thinks that state con-
stitution may add 10 the qualifications re-
uuircd by the Federal Constitution. If so.
it may require that Il senator shall be forty
years old; for the language Of the Federal
Constitution is, mo person shall be send
"tcr who Shall not have attained to the age
"of thirty years; and certainly there
would be no conflict between the two con-
stitutionS. according to the COuric1'S view OF
what constitutes a conflict. The Courier
Will perhaps reply that ina>much as the
Federal Constitution expressly says that
q senator must be thirty years old the
state Constitution could not require
that he should be forty? Why not, pray:
The language evidently means that he must
not be youngcr-that he must be at leas;
thi.ty years old but it does not say that
State may not require him to be forty.
WHY, then, is it universally conceded that
no State could require a United States
senator to he forty years old: Because
when the Constitution says that senator
must be thirty years old it in effect says
that he need not be more than thirty. And
50 Of the other qualifications. When the
Constitution provides that man shall have
these, it does in fact provide that he need
not have any others. And therefore no State
constitution can require others.
Again: The Constitution which contains
the provision quoted by the Courier is the
Constitution of Tennessee. Every provi-
sion in it should be read rs il it contained
these words. under this Constitution"
The provision relied on by the Courier
would then read as follows:
"No senator or representative shall,
during the time for which he was elected,
be eligible to auy office or place of trust
Iunder this Constitution, the appointment
to which is vested in the Executive or the
General Assembly, except to the Office oil
trustee Of 4 literary institution
Now, we submit that that is just what
that provision means. The Convention
which made that Constitution peYer
dreamed that it was making Constitution
for the United States. But the Courier
thinks that the provision should read as fol-
lows, seeing that such is that papers under
standing Of its meaning:
'.No senator or representative shall, du-
ring the time for which he was elected, DE
eligible to any office or place Of trust [under
this Constitution or under the Constitution
OF the United Statesl, the appointment TO
which is vested in the Executive or the
General Assembly," &c.
Wouldn't that be absurd? And yet isn't
that exactly what the Courier understands
it to mean?
The Courier says:
eve shall be glad if our contemporary
will produce case in which it has been
authoritatively decided that State has no
right to demand other qualifications for its
United States senators than those prescribed
in the Federal Constitution. We are always
open to conviction"
We do so with pleasure. Tho Constitu-
ton of Illinois provided that no Judge in
that State should be elected to the United
States Senate. We do not quote the words
OF the provision, but state its efect.l Mr..
TRUMBULL, Judge at the time, was elected
bv the Legislature to the United States Sem
ate. His right to his seat was contested on
the ground that he was disqualified by the
State Constitution. The Senate decided
that he was entitled to the seat; thus treat
ing the provision in the State Constitution
as null and void. Mr.. CoorER's case Is pre-
cisely similar.
Finally. The Federal Constitution pro-
vides that "each House shall be the judge
"of the :" qualifications of its own men,
"bers.' We understand this to mean that
each House shall Judge as to whether its
members possess the qualifications required