The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-01-25
From the Springfield Register, Jan sis'
PROTEST.

From tho Springfield Register, Jan sis'
PROTEST.
An Able Document Against Eiseting Cover
nor Of the State to the United
States Senate
This morning Mr.. Oberly, ON behalf of
the Liberal members Of the House, pre-
sented the following protest against the
election Of Richard j. Oglesby to the
United States Senate, which was ordered
spread on the journal Of the House
HOUSE or REPRESENTATIVES,,
January 2lst, 1878
The undersigned, representatives from
the districts indicated by the figures oppo-
site their respective names do respectfully
dissent from, and hereby protest against
the act and resolution of this House,
whereby it appears that eighty two of the
members thereof were east for Richard j.
Oglosby for the office Of Senator in the
Congress Of the United States from the
State Of Illinois, aud he declared to be the
choice of a majority Of the members Of this
body for the Office aforesaid.
The undersigned assume, upon the
ground Of the notoriety Of the fact that
Richard J. Oglesby, for whom the votes
aforesaid were cast, and who has been de
clared TO be the choice of the majority Of
the members of this House for the office
Of Senator in the Congress Of the United
States, is the same person who is now the
Governor of the State of Illinois, and who
was duly chosen by the people at the cleo
ton at the different voting places III the
State. on the Tuesday after the first Mon
day in November, A. ID. 1872, 20 fill the
office Of Governor for the period of four
years from the second Monday in January,
1873, and who, on the said second Monday
Of January, 1878. took the oath prescribed
by section twenty five Of the fifth article
Of the Constitution Of the State, and en-
tered upon the discharge of the duties of
said office
The undersigned are constrained TO re-
gard the act and resolution Of this House
aforesaid, which 10 the extent of its au-
thOrity in that behalf, has elected the GOV
ernor Of the State during the period for
which he was elected to that office, u an
other othce. 10 be contrary to the plain
language and subversive of the spirit OF
the Constitution of this State, and not JUS
tined by any Of the well-defned principles
OF our form of constitutional republican
government
To support the opinion which they have
expressed that the election of the Cover
nor Of the State by the General Assembly
70 another office within the period fol
which he was elected, is contrary 70 the
plain language Of the Constitution, the un
derslgned do not consider it TO be necessary
10 do more than TO quote the exact anC
comprehensive language of that instru
ment BY the last clause of section fv,
OF article tve Of the Constitution, II is de
clared that
Neither the Governor, Lieutenant
Governor, AditOr Of Public Accounts
Secretary Of State, Superintendent Of
Public instruction, nor Attorney General
shall be eligible TO any other office during
the period tor which he shall have beer
elected.
That the position Of senator or in tn
congress Of the United States is an Office
none will deny and it would be superhu
Gus To say that il is another and ditferen
office from that of governor Of the Stat
Of Illinois
The undersigned are not permitted t
forget that those who deny their obhgatio
10 support and obey the constitution as
Is written, assert that the Office Of Senate
in the Congress Of the United States wa
not created by the Constitution and tn
laws OF the State Of Illinois, but by th
Constitution Of the United States. an
that therefore, the trainers of the Cunst
tuition OF the State could not have intende
by the language Of the 9TH section of tn
9TH article OF the Constitution TO rende
the governor Of the State ineligible thcret,
Tho Yty,A,rgts.,nl L. N L
ter Of profound regret that it should /
found necessary at any time, or for al
reason, 10 depart from the lanruac
employed In the constitution TO find il
meaning or that limitations 10 the SCOT
OF It's provisions should be supplied /
conjecture.
But even those who insist upon disr,
garding the letter Of the Constitution.
obedience to an Interpretation they give
1t, upon the ground that its trainers faile
to employ the language proper to EXPIRE.
their real meaning, are bound 70 eoneed
70 those who prefer to be governed by ii
constitution as II Is writtln, that the off,
Of Senator IN the Congress Of the Unite
states from the State Of Illinois, actual
existed when the clause under considers
uon was adopted, and that its existenc
was known % the trainers Of the COnstitU
ton and that the language employed
broad enough ~ include that office an
the members OF the Constitutional Cor
Nehtlon the most eminent, as well as tn
most experienced citizens of the Star,
may well be presumed 10 have known TN
a seat in the Senate might hereafter I
considered by ambitious men TO be a pri,
Of such magnitude that the governor
its pursuit, would forget the interests
the people OF the State, disregard the a,
ties OF his Office, or shrink from their fea
less performance, or use the appointin
power bestowed gupon his office for III
public good, as a means Of securing srr
Iorters, or In rewarding their services
that IN pursuit OF place, they may fail
remember that he was the chief executiy
magistrate OF free State, and become IN
blind and servile follower, who woul
resIru ndehty 70 mere part
as the highest duty Of the place TO whic
he might aspire.
These considerations, in the iudgmen
OF the undersigned afford the most con
Elhclng reasons for believing that tn
tanners VI the constitution used the broar
language found in that clause onn,oa =, 70, III
n tun knowledge Of its actual comprehsn
AN"N AA'@hAiks auu ~ effect hn once
which they considered 10 be in the hirhe.
sense important 20 the well.beinp of m
people Of the State.
Nor are the undersigned unaware tha
4 Is urged that the people of the State {
Limos have no power by the constitution
~ declare any citizen ineligible to the ofhc
OF Senator in the Congress of the Unite
States or as the proposition is sometime
stated, the States have no power to pre-
scribe the qualifications Of a Senator. an
the undersigned are ready b admit IN
proposition, when stated in either mode I
be true.
The office of Senator is created BY tn
constitution Of the United States, and tn
qualifications Of a Senator are prescribe
by that instrument, and no State can. b
us constitution or otherwise dispense wit
the qualifications required by the c0nstitn
ton Of the United States, or insist mo
qualifications in addition to those nre
scribed by that instrument but the nec
pie OF the State may beyond all Question
provide bV the constitution tbot o.. ~.