Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-03
THE SENATORIAL ELECTION.


as well as those who voted to lay the reso-
luton upon the table, are down upon the
record. and will have 10 meet their con-
stituents with that record. That the sub
ject may be correctly understood we shall
briefly refer to its leading points. The
Constitution of the State of Tennessee
declares that "each member of the Sen
ate and House of Representatives shall,
before they proceed to business, take an
oath OF affirmation to support the Consti-
tuition of this State and of the United
States, and also the following oath: ],
-, do solemnly swear Cor affirm
that as a member of this General Assem-
bly, l will, in all appointments, vote with
out favor, affection, Partially or preju-
dice; and that will not propose or assent
to any bill, vote or resolution, which shall
appear to me injurious to the people, or
consent to any act or thing whatever that
shall have tendency to lessen or abridge
their rights and privileges as declared by
the Constitution of the State. Article
y, Sec. 2.
The constitution of the State further
declares that
"'No Senator or Representative shall,
| during the time for which he was elected,
be eligible to any Office or place of trust,
the appointment to which is vested in the
| Executive or the General assembly,
except to the Office of trustee of litera-
~ institution. "-ArticIe II, Sec. 10.
About these provisions there can be no
equiyocation. Their requirements are
plain and unmistakable One is that each
member of the Legislature shall, before
proceeding to business, take an oath TO
support the Constitution of the State
Then the Constitution of the State de-
clares that no member of the Legislature
shall be eligible during the two years for
which he is elected to any Office, the APP
pointment to which is vested in the Gov
ernor or the General Assembly. 1t would
seem from these provisions that not only
could no member be elected to any office
by the Legislature, but that no member
could vote for another member for any
Office without palpable violation of the
constitution. 1t is replied to this that
the constitution of the United States says,
section 3, article l, that "NO person
shall be a Senator who shall not have at
tanned to the age of 80 years, and been
nine years a citizen of the United States,
and who shall not when elected be an in
habitant of that State for which
he shall be chosen :" and that
under this provision the Congress
of the United States has said d viii
not regard any additional qualifications
that may be made by any State. Hence,
although Mr. Bell was a member of the
Legislature when he was elected to the
Senate, he was admitted to his seat with
out objection. But the question still re-
turns, What becomes of the provisions of
the State Constitution. Is not the mem
Der of the Legislature bound faithfully to
observe them until they are declared I'M
Constitutional And who has the authority
thus to declare them2 Certainly not the
Congress of the United States, nor the
Legislature of the State of Tennessee, nor
any other legislative body. That can only
be done by the Judiciary; either the
| Supreme Court of the State or of tho
United States. One Congress or one Legis-
lature may decide one way upon any given
question, and another, directly the reverse.
Just as one may pass a law, and the next
repeal it. Legislative bodies are not gov
erned by precedent, or we should never
have law repealed 1t is very evident
that the trainers of our Constitution of
1884 thought that they had a right to
| place these provisions in the State Consti-
tuition. Many of them were learned in
the law and familiar with the Constitution
| of the United States; such men as
VIM B. Carter, Willie Blount, Terry H.
Cahal Richard Cheatham, Francis b.
Fogr, Burchett Douglass, Adam Hunts
man, Maclin Cross, Robert J. Mckinney,
Vim. T. SenteT, W. II. Humphreys and
others. 1t is equally evident that the
people who adopted this constitution
thought they had a right to have these
| provisions in their constitution. The
| Constitution of the United States requires
that a person to be qualified for the posi-
ton of L. S. Senator shall be an inhabi-
tant of the State for which he shall be
chosen; but it does not say how long be
shall be an inhabitant Of that State, wheth-
er an hour or a year. Would it be at all
improper for the people of the State to
require of their members Of the Legisla-
twc that they should not elect any one to
the United States Senate unless he had
been an inhabitant Of the State at least
six monthsl If the State Constitution
should make such a requirement of its
members, although the Constitution of the
United States simply says ''an inhabitant, "
would not the people rise in indignation
and cry out against a violation of the
| Constitution, if the Legislature should
elect 10 the United States Senate man
who had not lived in the State a week, as
was recently proposed in the State of
Virginia-to elect Horace Greeleyl
We cannot believe that the people will
approve the course Of those Representa-
tives who voted in violation of this pro-
vision Of the Constitution of the State in
the senatorial election, and then voted
against an investigation by the Judiciary
| Committee Of the questions involved.
|
THE NINE REPRESENTATIVE
Ii has again and again been charged
that cx-Prcsident Johnson suggested the
ousling of the nine Representatives who
hold their seats by such questionable au-
thority under the eighth section of the
schedule of February, 1866. We have not
| hitherto taken notice of this charge be
cause we did not propose to be diverted
from the main issue in the senatorial
contest. The charge is renewed, and we
now refer TO it simply to say that cX-
| President johnson not only did not sug-
gest such proceeding, but thought as a
convention was SO soon to he held, that its
| agitation was impOlitic.