The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-25
state Power over the Choice Of
Senators,

Senators.
We observe that a question has arisen
in New Jersey as to whether Governor
STOKES a lawfully be chosen a Senator
Of the United States to succeed JOHN +.
DRYDEN, whose term expires on March 4,
1907. II seems to be supposed by some
persons that the Governor IL ineligible
for the United States Senate by reason
Of the following provision which Is on
tanned in the Constitution Of the State
Of New Jersey:
N member Of Congress or person holding an
once under the United States or this State shan
exercise the once Of Governor. and in case tho
Governor or person administering the government
shall accept any once under the United States or
the State. his onncs Of Governor shall thereupon
be vacant Nor shall he be elected by the Legisls-
ture to any once under tho Government Of this
State or OF tho United States during tho term for
which he shall have been elected Governor"
The view that any State can prescribe
the qualifications Of a member OF the
United States Senate ia in
law. Those qualifications are fixed by
the Federal Constitution. In that instru-
ment 1t is provided that the Senate Of
the United States shall be composed Of
two Senators for each State, chosen by
the Legislature thereof for six years;
and each Senator shall have one VOTE
The Federal Constitution further pro-
vides as follows: mo person shall be a
Senator who shall not have attained the
age of thirty years and been nine years
a citizen OF the United States, and who
shall not when elected be an inhabitant
Of that State for which he shall be
chosen"
These provisions are exclusive, and no
matter what any State may enact either
in its Constitution or it's statutes in
regard to the eligibility Of any person
for the Senate it can have no effect to
invalidate his title to the office, provided
he possesses the qualifications specified
in the Federal Constitution and is chosen
by the Legislature of his State.
The Constitution of New York contains
a provision which is even more rigorous
in its terms than that which exists in
New Jersey designed to prohibit the
acceptance Of civil appointments. 1t is
in these words:
y member Of the Legislature shall receive any
civil appointment within this State. or the Senate
OF the United States. from the Governor. the Cow
ernor and Senate. or from the Legislature. or from
any city government. during the time for which
he shall have been elected; and all such appoint
ments aud all votes given for any such member for
any such ONCE or appointment shall be void"
Notwithstanding the stringent Ian
guage of this prohibition its inefficacy to
prevent the election of a member of the
Legislature to the Senate has repeatedly
been recognized by lawyers. and it has
been disregarded in the Legislature itself;
notably in the case of JOHN G.. JACOBS,
who, while a State Senator from Kings
county, received the vote OF his party
in the Legislature AZ a candidate for the
Senate of the United States.
In this respect Senators of the United
States stand in a different position from
electors for President and Vice-Presi-
dent. The latter, under the Federal
Constitution. are to be appointed by each
State "in such name as the Legislature
thereof may direct" This provision
leaves the Legislature at liberty to regu-
late the choice of electors in any manner
it may see fit, and hence to impose such
restrictions upon the method of appoint
ment as may seem desirable. Thus the
electors may be appointed by a popular
vote of the whole State or by districts,
or even by the Governor if the people of
any State deem it wise to delegate to
him the power of appointment.
As we have indicated, however, the
States possess no power to restrict their
Legislatures in the choice of Senators of
the United States by requiring any quail
fications for the office beyond those pre-
scribed in the Federal Constitution.
Ii follows that if the Legislature OF
New Jersey really wants to send Gov
ernor STOKES to the Senate at Washing
ton in place of JOHN F. DRYDEN there is
no legal obstacle which can prevent it
from doing so. Any assertion TO the cOn-
traTy is based upon ignorance of the law.
Reformed GYnSies