New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-12
THE PENHSTLVANLA SENATORSHIP.

rs MR. WALLACE ELIGIBLE "A CONSTITUTIONAL
oUEsTIoN-vIEws OF THE STRICT coNsTRuc-
TIONIsTs.
IRON THE REGULAR CORRESPONDENT OF THE rRIBUSE.l
PHILADELPHIA, Jan. 8.-The day before the
Pennsylvania legislature met proofsheet OF an argu
ment .against the eligibility OF member OF thar BODY
for election 70 the United States Senate was shown TO
few persons In Harrisburg aud was mentioned in dis
patches 10 THE TRIBUNE. As Mr. Wallace Is the only
member OF the Legislature who is Candidate
for the Senatorship, the document was d.
rected against him. although his was
not mentioned in 1t. Current rumor attributed
the authorship Mr.. Buckalew, but lawyer living IN
his town has, believe, assumed the responsibility OF
the production Since the appearance OF the
the argument has been considerably amplned, ana Is
now issued az broadsde OF six columns headed Con
stitutiCn OF Pennsylvania, Article H. Section o. Inc
question raised very interesting one for consttu-
tional LAWYERS and promises to play q prominent part
in the final settlement OF the contest for the senaorshp
The section OF the Constitution upon which the
whole matter hinges, ia as follows:
mo Senator or Representative shall. during the time
for which he shall have been elected he appointed 10
any civil Office un1er this Commonwealth; and no mem
Der Of Congress other person holding any ONCE Tex
cept o. attorney at law or IN the mIlItIa under tue
United States or this LOium0nw ealh, shall lie men,
Der OF either House during his continuance III once
Mr.. Buckalews t0wnsman proceeds 10 show by copi-
GUS citations from the Constitutions of other states,
story on the duu
that the election OF L. s. Senator by State Legisa
ture is an appOlntmentthe words being used inter
changeably in many cases. and the latter frequently
preferred Two instance be given. The COustitu.
ton of OHIO art. H., Section 20 says:
No appointing power shall he exercised by the Gen
eral Assembly except prescribed in this Constitution,
ana i'm the election Of United States Senator's aud in
these cases vote shall be taken rIrd Jaee
In his work the Constitution Story says:
Secondly. the mode OF appointment OF the senators
They are chosen by the LEGISLATURE OF eacn state
Three presented themselves as TO the mode OF
.nnointment" tue first scheme, that or an
election by the Legislature hnaHy PI0'S'ou w .
unanimous vote"
After making out very strong case In favor OF the
nositon taken that an the Legislature is an
appontment within the meaning OF the Constitution,
the document addresses itself TO the task OF showing
that the office Of L. S. Senator "a civil ONCE under
ths Common wealth" The authorities support OF this
lpterpretation are and weghty including the
Senate itself which, sitting a Court of Impeachment
in the Blount case, decided that Senator Is not an
officer of the United States II follows Of course that
he is civil officer Of the State he represents otherwise
he could be officer at all
The conclusion OF the argument Is that Senator Is
civil officer OF the State appointed by the Legislature or
the Governor and therefore under the provision OF
the Constitution above quoted, member OF the Legs
lature is eligible 10 the office. The document troubles
the supporters OF Wallace greatly. An elaborate reply
10 II mas already appeared or the papers IaVOra-
he 10 MS election II few Democratic members plant
themselves upon the ground that MI wallace Is neSl-
bic and declare that they cannot vote for him without
violating oaths 10 support the Constitution, they
can force him out the field without themselves run
ming the risk Of being stgmatzed dsorganizers or
boilers.