Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-01-07
Mr.. BriCe.

Mr.. HusrrAp's discussion Of tho ques-
tion Of the eligibility Of Mr. CALyISS s. BRIcE
tothe United States Senate is not calculated
toincrease that distinguished editors repu-
tation as a constitutional lawyer. lie quotes
from the Constitution Of Ohio as means Of
asccriaining the real status of Mr.. BRicE az
a candidate. Mr.. HALsrEAp might as well
quote from tho Koran. The United States
Senate decided more than thirty years ago
in the case Of Mr.. TRUNDUrL. who had been
elected 10 that body in contempt Of sec
tion of the Constitution OF Illinois. that
no State had the power 10 add 70
che qualifications required by the
Federal Constitution TO DO possessed
by every United States senator. If
one State could add one qualification
another State could require still another
qualification. II tine States had the power
20 provide that man who had been judge
could not be elected to the United States
Senate, they also have the power to pre-
scribe that senator must be forty years
old. or that he must have served as Gov
crnor Of his State. In fact, 10 open the
door 10 qualifications not specified i'll the
Federal Constitution would be to make
the United States Senate consist OF senators
chosen under regulations formulated by
the cranks OF the several States.
We have just mentioned the TRUMBu11
case. Hon. LYMAN TRUMDULL had been
elected United States senator from Hi
nois despite these two facts-frst. that he
had been judge in that State within
twelve months Of the time Of his election
rs senator; and. second. that the Consti-
tuition Of Illinois provided that no such
person should be eligible TO the United
States Senate. In this case, the question
which the United States Senate had TO de-
eide. and did decide, was N effect whether
a provision in State Constitution could
override heplain provisions Of theFedcral
Constitution. Did the rule prevail that
the naming of one set of qualifications eS-
cludcd the requirement of any qualIiica-
lions not named? We have already said
That the United States Senate decided that
If Mr.. 1EUMBULL possessed the qualiiica-
lions required by the Federal Constitution
he had been consttutionally chosen to be
a United States senator for the State Of
Illinois.
The provision of the Constitution Of
Illinois which undertook TO disqualify the
5udgea Of that State for the place of United
States senator was staudiui, proof of the
jealousy of the State governments of the
power Of the Federal Government. This
jealousy was at that time all-pervading in
the West and tho South. To this day Ohio
has law providing that 20 person hold
ing Office under the authority of the United
States shall be eligible 70 or have a seat IN
the General Assembly. Virginia has law
of the same kind-On fOrbiddIng persons
holding office under the tho Federal Gov
eminent or receiving any emolument from
The Government 20 hold any State Office or
receive any emolument from the state
rovernment. The Ohio law and the Virgil
mia law are both constitutional OF course,
seeing that they prescribe qualifications
for State Offices. not for Federal offices.
Mr. BRICE is millionaire, and Dir. Hal
sTRAD's paper objects TO the election OF mil
honaires to the United States Senate.
Doesn't he thereby pave the way 70 the ex-
clusion of JoHN SHERMAN from that body p
that is, Of course. when SHERMAN's current
term expires. Whether Mr.. HALsTrAD is
whipping SHERMAN over BRICE's shoulders
or not he ought 10 apply the same rule to
both. A man who has no qualifications for
Che United States Senate except his moncyis
poor indeed. lie ought TO feelas if he were
rafting his chains as he walked whenever
he strobe into the Senate chamber. But If
a man meets all the constitutional require
monts and has besides all the other qualifi-
cations BETTING United States senator
qualifications some Of which are contained
only in the unwritten law of the land
then his wealth ought not to be erected
snto a disability.