The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1875-01-29

| q SENAIpR HOLDS UNDER HIS STATE.
That the Senatorial Office s one uafcr the
state - distinguished from offices under the
United States is u proposition which can be
sustained by arguments and by authority
not heretofore produced. 1t is true it is not
an Office held under the State government ner
withn the State, and is not therefore a State
Office within tho meaning of the 9TH artic.
of the state Constitution which fixes an oath
of office; nor is a Senator an "oficcr" with
in tho meaning of certain other provisions of
the state Constitution which obviously are
lim..'I 80 offices created by that Constitution,
or c"-''a1'c by state law, art VI, "a;
n. I2,3). In fact and plainly, She SEN
stnrin Office i5 one representative Of State
sovereignty in the Federal Government, and
each member Of the Senate is appointed by
and holds under his State. 1t is idle in this
connection to say that the Office is created
by the Constitution Of the United States,
and its duties and powers ia most respects
defined and regulated by the same instru-
ment because the question must depend up
on the nature and charhster Of the office, and
not opon the instrument Of its origin. This
cayil overooks the fact that the States are
parties to the compact of Union, and that
rights and powers conferred upon or reserved
to them by the Federal Constitution are as
much theirs rs any they would have possess
ed if the Union had never been formed. The
authority of the state is not wholly defined
by its own Constitution or limited to its ter
ritory by agreement with its co-Statcs it op-
crates and acts through representatives in a
common government, and those representa-
tvs belong to it and are It's agents.
1t was long since pointed out that ma
jority of the States could break up the Fed
eral Government at pleasure by refusing to
appoint Senator'S. For as each state appoints
for itself and cannot be compelled to ap-
point and rs the Federal Government is
powerlcss to fill Senatorial vacancies, simple
non-action Of the States As to the making os
appointments would speedily stop the wheels
of legislation and parslyze all the powers of
government.
The question whether a Senator holds un-
der his State or under the United states in
point of fact and within the usaain. of con-
stitutions language, may however be deter
mined upon authority entitled to the highest
respect, and quite independent of general
reasoning or illustration. To this end two
authorities will be cited;
/. The Pennsylvania Constitution, Article
Nj, 70. This section clearly dstingushe,
membership in Congress from an office ol
appointment Of trust or profit undcr tn
Laited Hiats', and also distinguishes it witt
equal olcarness from an office in this State
1t follows, inevitably, that it is an office un
der the state though its Representative,
duties are to be discharged in the govern
= meut Of the United States
: . The second authority is the decision il
, the Blount impeachment case by tho UniteC
= States Senate, heretofore referred to, whcr
c the formal plea OF the defendant that Sen
a ator was not an officer # the Inited SUITE
) was sustained, and judgment thereon dis
: missing the impeachment was pronounced
I Here again the conclusion is inevitable
0 As Senator is not an officer Of the Unite
= Statcs-that is, does not hold from and I'm
der the United States-he must hold fror
and under his state, as its representative i
Il the common government of the State
u That his Office is not held IN tde State is i'm
: material. A minister sent abroad by Pres
! dental appointment, does not hold his ofc
" IN, but he does hold it mier the Unite
States, in the country to which he is sent.
QUALIFICATIONS OF A SENATOR,
10 Those required in the Federal ConstitJ
"a ton Art l. 3, cl. 81 relate to age, ctizel
ic ship and inhabitancy in the State. Th'
= these are indispensable and that they cam,
= be changed by either State or Federal al
10 thority, short of an amendment Ofthe Fede
y al Constitution, is beyond dispute. But it
equally plain that a regulation by a Sta
4. which shall impose disability for the Sen
in toria office upon members Of its Legislator
a is not forbidden by this clause, either in c'
press terms or by necessary implication.
1t may, therefore, be safely asserted
view of the Tenth Amendment to the Fe
at eral Constitution which reserves to the Stat
IL or to the people all undelegated powers, til
IL a State may prohibit the appointment OF
&c member Of its Legislature to the Scnatori
in Office, By an appropriate regulation in
to fundamental law. Such regulations ha
n, been made and have long existed in Sta
he Constitutions, Michigan, ". Is; Minncsol
le, ", &; New York, Ill, 7; Tennessee, |
in l0l, and similar oues, resting upon the sar
to principle, as to other officers Of State Go
at ernments, appear in the Constitutions
he many other states.
it The opinion of Mr., Jefferson confirms II
,r- constructions Though expressed upon anot
he er provision Of the Constitution which tiS
.ly certain qualifications for members of the 10
IL er House Of Congress, it is completely 4
IRE pliGasle here, covering the very question
IA hand.
'ty lie says:--"EIad the Constitution been
ed lent as to qualifications Of members of Ia
of gres, nobody can doubt but that the rg
he to prescribe all the qualifications aud d
al qualifications otthoso they would send to IT
lie resent them would have belonged to
ch States. So also the Constitution ofthe In
ed States might have prescribed the VIII
and excluded all others. II seems to h.
preferred tho middle way. 1t has exerci
ore the power in part by declaring some dsqu
iicauons, TO wit; those Of not being TWEEN
.he five years Of age, ofnot having been a c
zen seven years, and Of not being all inha
ed, tant of the State at the time of election.
it does not declare, itself, that the mem
shall not be lunatic, pauper, a conyic
ore treason, of murder, Of felonly or other
famous crime, or nonresident Of his distr
do Nor does it prohibit to the State the po
Of declaring these or any other disQualill
hy, tions which its particular circumstances