Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-30
ELIGFBELITY.

and the Constituent in Thursdays issue,
we quoted section 10 of article II of the
State Constitution, and suggested that il
had passed from the memory Of our peo-
pie and been overlooked by our legisla-
tors. That section is as follows:
No Senator or Representative shall,
during the time for which he was elected,
be eligible TO any officer or place of trust,
the appointment to which is vested in the
Executive or the General Assembly, ex-
cept to the Office of trustee of a literary
institution.
The Bonner referring to this section
says this does not render any Senator or
Representative in the Legislature ineligi-
bic to any United States Office, the ap-
pointment to which is vested in the Exec
utiye or the General Assembly; that Mr..
Bell was elected United States Senator
while he was member of the Tennessee
Legislature, and Mr.. Talemadge was elected
United States Senator while he was a
member of the New York Legislature,
and that both were admitted to their seats
in Congress. Very. true. But that does
not touch the point which we were max
ING. We admit it TO be well settled that
no State can impose additional qualifica-
tons for United States offices TO those
imposed by the Constitution of the
United States, which the United
States authorities are under
any obligations 10 observe. For instance,
we admit that Senator or. Representa-
tive in our Legislature elected to the
United States Senate would be admittedto
his seat by the Senate, notwithstanding
the fact the Constitution of the State says
| explicitly that no Senator or Representa-
tive shall be eligible to any Office, the APP
pointment .of (which is vested in the
General Assembly. We are aware that
| that proposition has been settlcdsove and
| over again in both Houses of Congress.
We were not speaking of the power of q
State to impose additional qualifications
for United States offices, nor were we
speaking of the duty of Congress to re-
cognize any such additional qualifications.
We were speaking of the duty Of the
Representative TO his constituency, the
State Representative to his State constitu,
ency. We said that the Constitution Of
the State required every member of the
Legislature TO take an oath. to support the
Constitution of the United States, and the
further oath that he would Sin all ap
pointments vote without favor, affection
partiality or prejudice" etc This tht
Constitution of the State requires. Tn,
provision which we have quoted abov,
from section 10, article II, is a par
of the State Constitution and as sucl
is to he supported by the Representative
not because it is binding on the UniteC
States Senate but because it is the de
clared will of the constituency which it j
the duty Of the Representative to observe
The Constitution of the United States wa
made long before the State Constitution
and its provisions were well known to tn
trainers of our State Constitution. w
presume they knew they had no power t.
prescribe additional qualifications fo
United States officers which Congress wa
bound to observe. But they knew they
had power to throw restrictions upon thei
Senators and Representatives and say they
should not elect one of their own body t,
any Office or place of trust which h
must fill during the time for which he wa:
elected to the Legislature. They had tn
right to ordain and declare as the viii o.
the people of the State, that no membc
of the Legislature shall, during the TIM
for which he is elected, be eligible to any
Office the appointment Of which is in tn
| Executive or General Assembly. Al
though this is not conclusive on Congress
it is conclusive on the Legislature, an,
there is great wisdom in it. There is
great moral principle to he preserved by
strict adherence to this constitutional pro
vision. There is no man who has aspira
lions to the United States Senate, who Ia
NOT ability sufficient to have influence 70
evil or for good as he may be dis
posed Being a member of the bod,
by which h is to be elected he i
subjected to The greater temptations
Being a member of the body by which b
is elected it gives him undue advantage
overother competitors. Hence the reasol
Of the rule If the disregard of it is TO b
continued, we shall find every succeedin!
Legislature filled with senatorial aspirants
many of whom, perhaps, had never becl
dreamed of even by their own constitu
ents as candidates for the position unit
they had proclaimed themselves such
after taking their seats as members of tn,
Legislature. Let the Constitution be oh
served, or let it be ezpunged Above all
let it be strictly observed by those in au
thority, that a proper example. may he Sc
by them to the people Of the State.