The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1875-01-22

office, under this Commonwealth; and no
member of Congress or other person, hold
ing any office, Except of attorncy-at-law or
in the militia,) under the Uni,ei States or
this Commonwealth shall be member Of
either House during his continuance in Of
| fee"
The former limitations upon the principle
Of disqualification to civil Offices ofappoint-
mcut under the Commonwealth, having been
! swept away, u member can no longer take OF
hold any such Office, whether old or new,
and whether comfortable by the Governor, or
other appointing power.
A SENATOR HOLDS MS OFFICE UNDER Ills
STATE.
lie is appointed by his State, through its
! Legislature or Governor.
If he resigns his office, it il to the Govern
or Of the State that he transmits Lis resg-
nation for State acceptance, and not to the
President of the United States or other Fed
ersl authority.
Even his constitutional oath of office to
support the Constitution of the United
States, IS exactly the same as that taken by
other civil officers under his State.
Ifany civil officer, (Which he clearly ISL
he must be such under his State or under the
| United States, or under both. If under both,
the fact is sufficient for the operation of the
disqualification now in question. But as
that is not alleged, the question stands Is
he Il civil officer of the United States?
But tie question has been dccidcd and set
hicd in the aegHjce, by the highest authoray-
by the Senate Of the United States, sitting
under oath, as Court Of impeachment 1t
follows then from this consideration also,
that the Senatorial Office is one held under
and by virtue Of State authority, though its
duties are to be discharged in the govern
mcnt Of the United States.
In State Constitutions, when other civil
offices or appointments under the State, are
to be distinguished from that of United
States Senator, the words "3cithm MiS STATE
are with great proprlety used:
AGchig1a, ", 49, "No person elected a
member of the Legislature, shall receive any
civil appointment cWja this State, or to the
Senate of the Lhiied States, de"
New York, III, :; The same language
Illinois, w, Is; "No person elected to
the General Assembly shall receive any civil
appointment rHhia this suite from the Gov
ernor, the Governor and Senate or from the
General Assembly, during the term lol
which he shall have been elected"
These careful Determinations between civ.
il officers under the State, who are located
and perform their duties within it, and Sena.
tors who serve at Washington, are instruc.
tive upon the construction of the Pcnnsyl.
vaania Constitution where the limitation ol
the words "within the State" is not found
1t was no doubt purposely omitted because
the intention was to include the Senatorial
Office in the prohibition against the APP
pointment Of any member Of the Legislature
to any civil Office under the State.
THE WORD APPOINTMENT"
By abundant authority, it is shown that
the selection of Senator or other officer by
a legislative body is an dpp0iatseHf, and that
word has been commonly used in that sense
in Constitutions and in commentaries there
on. In the cases where the words ''choose'
and "elect' have been used they have been
Synonymous with appointment" the lattei
always being the ordinary constitutional
term. And where 4 generic word is requr.
ed, to cover in Specification the selection OF
officers By di6crcH appointing powers, it i,
often the only one which can properly bs
used, rs in the very case now under eXami-
nation. For here the word ''elect" would
not cover selections for Office by the Govern
or, while it would improperly include the
selection of officers by the people at popular
elections, which was not intended to be for
bidden. And even the word "choosc'
would, to a great extent, be open to the
same observations. But the word appoint"
correctly and conveniently distinguishes all
designations to office by any appointing
power whether Legislature, Governor, coun-
ell or court, from elections to Office by the
people, which the prohibition of Art. II,
s, was not intended 10 affect or control.
This question of the eligibility of a MEM
Der Of the Legislature to the office Of United
States Senator, whenever it arises in this
State is ons to be passed upon by the two
Houses under oath of office which all the
members take (Art Viz to support obey
and defend the Constitution of the Unit
States and the Constitution Of this Com
monwealth," The jurisdiction to Judge the
question, and the duty of honest decision
thereon, is with them, and neither can be
evaded or transferred to any other authority
not even to the Senate of the United
States, for the members of that body are not
sworn to support obey or defend the Consti-
tuition Of Pennsylyania-that high sacred
imperative duty, in such case, being special
ly charged upon the representatives of the
freemen Of this State in General Assembly
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