Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-10
THE SENATORIAL QIESTION-IS
A STATE SENATOR ELIGIBLE

To the Editors of the Union and American:
The provision in the Constitution of
Tennessee which declares that:
''No Senator or Representative shall,
during the time for which he was elected,
be eligible to any Office OF place of trust,
the appointment 70 which is vested in the
Executive or the General Assembly, eK-
eept to the Office of trustee of a literary
institution Article H., Sec. 10,
Was not intended and in fact could not
alter or change the qualifications or eligi-
bility of any person, possessing the quail
fcations and is under the Constitution of
the United States eligible, to seat in the
United States Senate, without the volun-
tary consent of such person. But the
people of Tennessee certainly have the
right to prescribe the conditions upon
which such person and all others may be-
come State Senator OF Representative
And the person who accepts the position
of State Senator or Representative, ac-
cepts 1t under the Constitution, which con-
tains the section above quoted, and in his
acceptance takes the oath to support the
Constitution, that condition included. He
thereby surrenders forthe term for whichhe
was elected such Senator or Representative,
his right TO accept an election or appoint
ment as United States Senator, from the
Executive or from the General Assembly.
This is the contract which he makes
with the people of the State, sealed by
his solemn oath or affirmation that he is
not eligible and cannot accept office OF
place of trust, during the term for which
he was elected q Senator or Representa-
tive, the appointment to which is vested
in the Executive or in the General Assem-
bly,. 1t is his bond, his obligation, sealed
by his oath to its faithful performance.
There is no means or way for him to can
eel that bond or free himself from his
obligations thus freely and voluntarily
contracted with the State during the tenure
| for which he was elected a Senator OF
Representative in the General Assembly.
If gentleman had Senatorial aspiration:
he should not accept the position of STATE
Senator OF Representative.
/ Each and every member of the Genera
Assembly also took the prescribed oatl
| to support the Constitution of Tennessee
the clause above quoted included, and
is as binding on them as any other pro
| vision which il contains; and the sam
high obligation, sealed by solemn oath o
affirmation resting upon each Senator ant
Representative not to accept any office o
place of trust, at the hands or by the vote
of his fellow members, rests upon eacl
and every one of them not TO cast his vot
| for any one of his cO-SenatOrs or cO-Rep
resentatiyes, during the term for which b,
was elected Such Senators or Represen
tatiyes. for United States Senator, Stat
| Comptroller State Treasurer, Secretary o
State or any other office or place Of trust
the appointment to which is vested in tn,
General Assembly, because it is in viola
ton of the constitutional condition undo
and upon which he accepted the position
of Senator or Representative and in VIC
lation of all the obligations expressed anC
implied, voluntarily assumed on becOmin!
Senators and Representatives.
| 1t will not do TO say that the State can
not prescribe the terms and condition
upon which persons can become Senator
and Representatives. The State had tn
right and did prescribe the condition re
ferred to in the Constitution, and tn
Senators and Representatives accepte'
their positions as such under that cOndi
ton, which is in full force and bindin
effect. 1t was right and proper that sucl
| condition should be incorporated in tn
Constitution, and applies with equal
not greater force to the appointment o
election of United States Senator that
does to any State Office or place of trust
the appointment to which is vested in th
General Assembly. "Lead us not int
temptation" is among the best prayer
ever taught 10 fallen and falible man
This condition was incorporated into th
Constitution from the purest of motive;
1t was designed, as far as possible, I
shield and protect the Senators and ReT
resentatives from temptations to work fC
their own promotion and interest, rattle
than for the faithful discharge of duty /
the promotion Of the public good I
prevent corrupting combinations, clique
and rings among the Senators and Repro
sentatives, for the benefit of those VIII
had Clogs to rolf or "aXes to grind,
terms well understood by members 0
legislative bodies, by means of whic
some manage to draw big prize, who
not one of the body, would never hsy
been thought of, and that to the exclusiO
Of Better men, and against the generi
welfare and public good. \.