The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-05-01

arc inclined TO be of the same OPP
The constitution of the United
prescribes the qualifications OF
lives Ia congress, and sucn cn,i
ucnia,ors rs Judge Story and
Kent declare, that these quaitlcs
ing been established by the const
necessary for tue Office, all others;
sites arc necessarily excluded
" from the very nature OF such a
" he affirmative Of these aui
would seem 20 imply y negs
" Others" For ua. We prefer
constitution OF the United State
prated by story and Kent, for
rather than pin our faith TO the
newspapers already referred to,
how thoroughly they may have
themselves relative to the gee
of Vermont.
But the authority docs not res
is res adjudicota. In 1900, vii
ney, subsequently attorney-gent
United States, was elected
tive in congress from one of thu
districts His election was &C
the ground that he did not, as
he laws OF the state. reside in
from which he was chosen. lie
ever, declared duly elected, an
accordingly, by the executive CO
the " principle that the state
had no authority to require OF
- cations than those enumer,
- constitution Of tho United 81
that the power of regulating
"places and manner of holdii
"tons did not include that of
"ing tbs additional Qualificatio
dence within the district from
candidate was chosen"
In 1907, the question was ss
and again in the case OF req -er
| from Maryland. The election
McC reery, who held the certitic
lion, was contested on the gro
vas not a resident OF the di,
| which he WAS returned as CHI
CURED by the state laws of
After thorepgh investigation,
| exhaustive discussion, psrtcir
| he ablest men in the house
| Josiah Quincy OF Massachusetts
-aO
| my attempt on the part OF al
ure 10 annex qualifications, nc
| ny the national constitution,
" violation OF the rights resi-
- people; and that power h
| given to congress, much less I
| Increase the number of 0ualih,
house, by vote of eighty-nine
decided that McCreery was Ell
.eat, the provision of The 81
| Maryland 10 The contrary Notwithstanding
Tue question WAS again raised, and final
ly set at rest, both in the senate and house
III 1856. The question, this time, wa
whether state could, By its constitution
prescribe who should, or who sho"'" ho
be, elected to congress-. '"e 'oAs'''utloi
Yn;,o., con.-ns this clause "Tht
Judge. VI the supreme and circuit courts
shall not be eligible to shy other offic,
" of public trust or profit, in this state OF
" the United States, during the term fol-
" which they were elected, nor for on,
year thereafter Notwithstanding THU
constitutional provision, Lyman Trumbull
a judge OF the supreme court, was elected
by the legislature Of Illinois, a senator il
congress, ard Samuel s. Marshall, judg,
If the circui! court, was chosen, by III,
people, a representative in congress. Thei
tights to seats were contested, it beipi
claimed that by the constitution of Ilinoi
oath we're ineligible. The senate, how
sver, by 6 vote OF ;hirty-fve to eight
awarded Judge Trunbul his seat, so ultrt
I state rights man as Senator Mason, OF
| Virginia, saying he should have been bettei
satisfied # 1t we're otherwise, but that i
YES Impossible TO allow 20 the states ''pow
eF to place apy other qualifications o.
= disqnaiifications than those imposed by
" the constitution, without changing an,
lmparing the grant of power vested by
he constitution in the legislature" Wher
we recall the situation of parties in 1856
he political affiliations of Lyman Trum
oul, and the political views of the MAORI
y OF the senate, and particularly of Jane
VI. Mason of Virginia, it is impossible t,
resist the conclusion that II a plausible pre-
text could have been found for unseatin
Mr.. Trumbull, it would have been eagerl,
made use of-and yet, as we have said, hi
| right n q h,,.
thirty-tive to eight. The case Of Judg
Marshall was decided in the same way b
the house, and he was awarded his seat b
an equally decisive majority.
That we are not mistaken in saying tina
the action of congress-, in 1856, finally &c
this question at rest, 10 evident from th
action, or non action, Of the present senate
The constitution of Michigan contains
clause precisely like that Of Illinois, an
yet Isaac =. Chrisliancy, chief justice o
the supreme court, was elected Unite
States senator by the Legislature, and too
his seat as such without question. Tn
constitution of Minnesota contains even
more stringent provision, II being provide
that all votes for a Judge Of supreme or dis
trict court for any elective office, except
Judicial office, "giyen by the legislature o
the people, during their continuance il
office, shall DO void" Yet, Samuel
X. Mcmillan, chief justice of the suprem
court, was, during his continuance in OF
ice, elected by the legislature of Minnesota
senator in congress, and took his seat a
suoh, March 4, 1875, without question.
Practically, 80 far az the third district |
concerned, this is of no special conse
quence, for Ephraim Is Joined to i.s idol
and, according to the scriptures, should b