Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-01-10
AN INTERESTING QUESTION.
Is Member OF the LegisIature EIiEI-
bic 60 the United states Benate9

As q Member Of the Legislature Eligl.
bic 60 the United states Benate9
To the Union and American:
NASHVILLE, Jan. 9.-There is an inter
esting question arising under the clause Of
our State Constitution, which reads as fol-
lows:
ssNo Senator or Representative shah, during
the time for which he was elected, be eligible %
any Ofice or place Of trust, the appointment Of
Assembly, except 70 the ONCE Of trustee Of q
literary institution" ITenn. OOnst.s 1870, Art.
Il, Sec. 10. Tenn. COnst 1884, Art IL, Sec. 10.
The question has been discussed with
reference to the candidacy Of a prominent
and able member of the State Senate,
whose name has been much canvassed in
connection with the race for United States
Senator.
The eligibility Of a member Of the State
Legislature is not a new one, and there is
an unVarying line Of precedents in favor Of
the eligibility of the member, even though
the State Constitution contain provision
such as ours.
The Constitution Of New York provided
that no member of the Legislature Of New
York should hold any Office in the gift of
the Legislature during the term for which
he was elected. Notwithstanding this pro-
vision, the Hon. y. p. Talmage, while he
was still holding his seat in the State SEN
ate, was elected in 1852, and admitted to
his seat in the United States Senate and
served his full time. The Constitution Of
Illinois contained the following provision
ssTheJudgesofthe Supreme and Circuit Courts
shall not be eligible to auy other ONCE OF public
trust or profit In this State, or IN the UHited
States, during the term for uhlch they are
elected, nor for one year thereafter"
This provision is much stronger than the
one contained in the Constitution Of Ten
nassee.
In 1855 Hon. Lyman Trumbull, Of Illi-
nOis, was elected to the Senate before the
expiration of the term of the Supreme
iudgeship, to which he had been elected;
and on Feb. 4, 1856, the President Of the
Senate presented a communication from
the Governor Of Illinois, which directly
raised the point Of his eligibility. MIR.
Trumbull had resigned the office OfSupreme
judge before the election, but the election
occurred before the expiration, of the term
for which he was elected.
The question was referred to the Judicial
" Committee, and no conclusion was
reached. It was finally determined, after
an able debate, Mr.. Pugh, Of Ohio, con-
tending against the right Of the represen-
tative TO a seat; Mr.. Crittenden, Of KY,
urging his right, and most Of the Southern
and States-rights members voting for the
resolution declaring him eligible, among
whom were the members for South Caro-
lima and Mississippi; the vote standing 80
in favor TO against.
1t was eontended and decided that the
Constitution Of the United States having
prescribed the qualifications Of Senator,
the States could not alter or add 70 their
qualifications; and that the Senate was the
Judge of the qualifications Of its mem
beIs.
The United States in forming the Gene
raj Government created the Senate, and
prescribed that they should be thirty years
Of ace, citizens Of the United States tor
nine wears, and inhabitants Of the States
for which they might be elected. This IS
the voice Of all the States, and it is not in
the power Of one State, or Of separate
States to amend, alter, or add to their quail
iicatiOns.
The Constitution Of Tennessee Of 1884
contains, w,rd for word, the provision
which Is in our present Constitution, and
must refer TO State Offices. This must be
the case. because the Legislature Of Ten
nessee has already decided the question,
and It is no longer an open one. 1t is a rule
Of construction that a statute shall be so
construed as not to conflict with the Con-
stitutiOn, and that a provision Of State
Constitution shall be construed so as not to
conflict with a provision Of the United
States Constitution, if such construction
be possible. The question made under
the provision quoted cannot be construed
| by the courts. 1t is a purely political
| question, and can never come before tEe
courts. The Legislature construed this
| provision when it elected Mr.. Bell in lo41,
while he was member Of the State Sen
ate, present and voting for Mr.. Reese. The
! same provision was construed in 1869,
when the Legislature elected Mr.. Cooper,
and voted down a resolution 10 declare the
election void, because Of this provision.
This line Of precedents is conclusive,
while this construction leaves the provision
not at all in conflict with the provision OF
| the United States Constitution prescribing
| qualifications of United States Senators,
! leaving the Senate of the United States,
! Just as it is, according to all reason and
precedent to judge Of the qualifications Of
/ its own members. FUBLIJs.