Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1870-04-20
NEW SERIES--V0L. 10, NO. 80


In its investigation of this question
the committee camo first upon tina
provision Of the Constitution whic
declares
"No person shall be a Senator VIII,
shall not have attained to the ago 0
thirty years and been nine years
citizen OF tho United States, and VIII,
shall not when elected be an inhabi
tant Of that State for which he shal
be chosen"
Sir, the Judiciary Committee di,
not make that Constitution they di,
notpen that obnoxious provision the,
4 Did not .embarrass tho right OF ans
human being 20 get into the Senate
No member of the committee is ever
old enough to have voted for the Con
stitution when il was adopted by The
people. If this be an unwise provis
ion in the Constitution we are not an
swerable for it. We simply find il
there, and the only question for us tc
determine is, what does it mcan2
Turning TO tho debates in the con,
vention which Trained the Constitu
ton, VIC find that the word president
was stricken from tho original draft
and the word "inhabilant" substitu
ted for it because it was Of broader
/ Specification. What was tho object
Of thisp provisiony What docs il mean
Why, sir, the Constitution was Great.
ing a government, and il was thought
desirable that those who should sit in
this hall shonld come with local knowl
edge Of their respective States, 50
that the Senate in the aggregate
should possess knowledge Of the local
affairs Of every State in the Union
Hence it was provided that the Scna.
tors should be inhabitants of their re.
spective States. 1t was not enough
that he should be resident; he must
be an inhabitant Of the State which
he was to represent.
Now, sir, suppose 90 TO morrow
on ayoyage ofdiscovcry to the State of
Mississippi, not being in the army or
navy, so that ] am at perfect liberty
to 60 or not to go, which was not the
case with General Ames and on arqiv.
ing there find tho legislature in ses-
sion and say to them, "Gcntlemcn, il
you will elect me TO the Senate OF the
United States / will cast my lot with
you.' They say they will do so :
they elect me the same afternoon, and
| start back in the evening train 10
take my seat in the Senate in Wash
ington. Ipresent my credentials, and
by the votes Of some sixty Senators,
all Of whom have sworn to support
that Constitution which provides that
no man shall be Senator from the
State of Mississippi unless he was
chosen, ! am admitted Mr. Presi-
uent, wOulu sucn case answer tnv
spirit of the Constitution Would it
not be a patent aud palpable violation
OF tho Constitution? And yet the
case of General Ames docs not even
stand rs well as that.
And now, sir, the question is, was
Mr. Ames, ut the time he was chose n,
an inhabitant of the State of Mssis-
sippi within the meaning Of the word
"inhabitanL" Conceding, forthe pur-
pose Of the argument, what is very
doubtful from the facts, that he was
"resident" Of Mississippi, the Ques-
tion remains, was hean "inhabitant T.
II is to be borne in mind that Gen
eral Ames never went TO Mississippi
of his own voltion, nor did he so re-
main there one hour prior to his cleo.
ton. lie was in the military service
Of the United States. Ho was order.
ed to Mississippi as he might have
been ordered to Alaska. From the
first hour of his arrival in Mississippi
until some ten days after his election,
when he resigned, he was not at liber.
" to leave the State, and had he done
so, he would have committed a seri.
Gus military ofensc, for which he
might have been tried aud punished
He was, therefore, not even a resident
Of the State Of Mississippi moro than
he would have bccn had he been kid
mapped and taken to that State and
detained in prison until amer his elcc
tion. But couccdc bis residence, the
question remains, Was he an Gin.
habitantr OF that State within the
legal meaning Of that word Z Was
he subject TO the performance Of any
municipal duties, or did he sustain
any political relations to the people
or government Of that Stateg To
say that he was an inhabitant is "a
pervcrt every fact in the case. deny
I that in a legal or constitutional sense
General Ames became even a resident
OF Mississippi by going there in obe
dienco to the order of his superior
ofliccr-going in blind obedience to az
order he could not question or dis
obey. Bat. for the argument, lot N
conccdo that this did give Genera
Ames a residence in Mississippi, thel
the Senator from Oregon says it wa
only necessary for him to add an in
tention TO remain there. and tha
made him an inhabitant of Mississippi
Very well, sir; let this, too be con
I ccded. Then the question recurs, di'
General Amcs, prior to his election
even entertain in his his own mint
the unqualified intention permanent
" to remain in Mississippi! Upol
this nero question Of fact the state
ment of General Ames to the Judie
ary Committee is conclusive agains
him. A good deal OF captious crit
oism has been passed upon this r,
port. Ii has been construed wit
great striciness, and when Senator
stated in tho debate the represent;
tons which General Amcs made {
the committee, the Senator iroi
. Michigan [Mr Howard proteste
/. against the facts being stated here
, lie protested against the Senate
. from New York or anybody else sta
ing what the facts were useless the
werc also embodied in the report
Why, Mr. President, the Judiciar
. Committee have no moro right to vi'
late the Constitution by seating q
= ineligible member by erroneous ropor
. than the Senate has 10 DO the sam
ttf,., b,. if1 x-ofa anl III hv inalVp