Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-02
TEsE SENATORIAL QUESTION

ilDGIil luGaS-
TIEE SENATORIAL QUESTION.
We perceive from our legislative pro-
ceedmgs that a very important resolution,
relative to the validity of the late sena-
torial election, was introduced yesterday
in the House of Representatives by Mr.
White, the Representative from Hawkins
The resolution lies over under the rules of
the House. It is grave question,
and deserves the closest cOnsid-
Grafton. We have already partially dis
cussed the subject-not, however, for the
purpose of producing the present result,
but simply as expressive of the deliberate
opinions to which the genius of oGr State
Constitution imperatively invoked u.s. We
bow in complete submission to the Con-
stitution of the United States But while
we do this, we cannot fail to have due
reverence for the Constitution of our own
State, believing it TO be our especial duty
70 reconcile seeming differences, rather
than TO proclaim the provisions of these
two great instruments at war with each
other. We know something from history
Of the character of those men who, in
1871, framed the Constitution of the
United States, at the head of whom was
the revered Gather of his Country"
"iirst in war, first in peace and first in
the hearts of his countrymen,' George
Washington. We know something,
both from history and personal ac-
quaintance, of the great men who,
in 1884, framed the Constitution
Of the State of Tennessee, among
whom were VIM. B. Carter, Willie Blount,
Terry H. Canal, Richard Cheatham,
Francis B. Fogg, Burchett Douglass, Adam
Huntsman, Maclin Cross, Robert J Nc
Kinney, VIM. T. Scnter, w. II. Hum
phreys and others, learned not only in the
law but who also knew of the weakness of
the human heart. They knew that the
law was made for the purpose of prevent
ing evil results from the imperfections of
human nature. Hence, while they knew
that they could not impose additional re-
strictons upon the Congress of the Uni
ted States in the admission of its members,
theydid honestly believe, from their rea-
soning as men and their reading as
lawyers, that they could impose upon the
Governor and the Legislature restrictions
in their selections which would contribute
TO the prosperity and perpetuity of the
State, by removing as far as possible all
inducements to evil or improper combina-
tons among the members of the Legisla-
ture calculated to defeat the will of the
constituency. Therefore, nOtwithstand-
ing the fact that the Constitution of the
United States, adopted in 1887, does de-
clare, section 8, article l, that, ''No
person shall be a Senator who shall not
have attained to the age of 80 years,
and been nine years a citizen of the Uni
ted States, and who shall not when elect
el be an inhabiiant of that State for which
he shall be chosen vet those eminent
men who framed the Constitution of the
State OF Tennessee, learned in the law,
wise and virtuOus, still not so far
above ;he sphere of human action
as not TO know its frailtes,
did propose to the people of
Tennessee, and the people of Tennessee
in their wisdom did ratify the proposition,
that each member of the Senate and
House Of Representatives shall, before
they proceed TO business, take an oath or
affirmation to support the Constitution of
this State and of the United States, and
also the following oath: |, --, do
solemny swear Tor AFFIRM that as a mem
Der of this General Assembly, I will in all
appointments vote without favor, affec-
ton, partiality or prejudice; and that l
viii not propose or assent to any bill, vote
or resolution, which shallappcar to me in
furious TO the people, or consent TO any
act or thing whatever, that shall have
tendency to lessen or ahridgc their rights
and privileges as declared by the Consti-
tuition of this State. Article Y, See ,.
And our Constitutional Convention, nearly
a half century after the formation of the
Constitution Of the United States, did pro
pose and the people did ratify the propo-
sition that:
"No Senator or Representative shall,
during the time for which he was elected,
he eligible 10 any office or place of trust,
the appointment to which is vested m the
Executive or the General ISScm6iy, eX-
cept 10 the office of trustee of literary
institution article H., See. 10.
1t will be seen that this provision Of that
Constitution which the members Of cur
General Assembly swore to support, does
not say anything of eligibility according
10 the Constitution of the United States
Ii simply proposes to place restrictions
upon its own servants, the servants of the
people of the State, the members Of the
General Assembly Of the State. Each
House of Congress can determine as
90 the qualifications of its own
members and although our State
Constitution might declare that the
Governor shall not appoint himself to fill a
vacancy in the United States Senate, oc-
curing when the Legislature is not in scs-
sion, or that a father shall not vote for a
son, Il son for father, a brother for
brother, OF one member of the Legislature
for his fellow member for the Senate of
the United States; yet if either Of these
contingencies should occur in violation of