The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1870-10-20

trary Notwithstanding" Now, it is clear
i that, as the constitution of the U. S.
makes each house the judgeaof the cleo
tons, returns. and qualifications of its
Town members, the constitution of this
state cannot nuliify the constitution of
the United States by prescribing the
qualifications of Senators and Represen-
tatives. IF the constitution of Wisconsin
can make, the holding ola judicial Office
Edisqnalify the holder of it during the
term. for which he-ewas elected. it can
nullify the constitution of the U. S.,
though that Instrument declares itself,
and the laws and treaties made By it's au-
thority, to be the supreme law ofthe land,
Notwithstanding such disquaHfying pro
vision. Did those who made and adopted
the constitution of Wisconsin, with the
above quoted gprevisions ofnth u: S.,
standing out in bold relief before them,
undertake TO regulate the qualifications
Of Senators and Representatives and
thereby nullify these playisions9 We
think not It would be uncharitable
and unjust to think 50. Then what
Ibid they mean in the above quoted pro-
vision Of the Wisconsin State constitu
ton AS they could neither regulate nor
prescribe the qualifications of United
States officers it is fair, to conclude thai
they did not intend to do SO. And as
they could regulated and prescribe the
qualifcationsof State off GERS, it is fair to
conclude that that was what they intend
ed to do, and what they did do. This
construction Of the state constitution re-
lieves its makers and adopters from any
intention to attempt notification, and is
in accordance with The spirit and does
noviolence to the letterof the constitn
ton II il in accordance with the gen
eral scope, spirit, and letter Of the con.
stitution. And il is the only construction
that will harmonize the State and United
States Constitutions @.ia .l9t.a
When judicial officer takes.the, oath
of office he swears to support the con
stitution ofthe State and also the con-
stitution of the United States. And i'll
there is any conflict between the two, he
he swears to support the constitution of
the United States, any thing in the Consti-
tuition of the State to the contrary notwith-
standing Fortunately, properly under
stood, there is no conflict between the
two constitutions imposing this sad
necessity upon judicial officer in taking
the oath of Office. ID Every intelligent
ju iicial officer in taking the oath of
Office understands that the provision of
the State constitution above quoted ap.
plies to state officers and governs him
self accordingly. s.
Judge Lyon has not nominated him
self for Representative. He has not.
asked the nomination. On the contrary,
he only yielded to the urgent solicita-
tion of those who wanted to secure the
election of an able representative to- fill.
the office SO ably filled by Hon. H. E.
Paine, who declined reelection. The
Republican Electors, through their dele
egates assembled in convention unani-
mously nominated him And the Repub-
lican electors are in duty bound to elect
him, Notwithstanding the clamor of the
Democrats in relation to his being incl
igible and unsuited to the office. The
question of the eligibility was decided
by the. Senate in the case of Judge
Doolittle. The House has decided in
similar cases Neither the Senate nor
the House of Representatives will take
notice OF any state disqualifying provi
sions. Both Houses judge of the qualifca-
tons OF their own members without any
i reference to State constitutions Besides. it
has been well understood by both the
Senate and the House that there is no
disqualifing provision in the Wisconsin
State constitution. But as the Demo
Gratis, resort to such arguments to defeat,
if possible by foul means or any means,
the election of Judge Lyon, Republicans
should be prepared to meet them. So
let every Republican be aZioe and acaise
in the support of William P LYON till he
isielected, as he surely will be, if the
Republican electors do their duty.