| Show I Senator t Great Speech On The Th Smoot Case 11 tel ot to F oC II I J Ia COfO tM th In Iho I tn n of et IIII ot O 01 do dof n el I t In th tonte rn f oar da Jan 1 under M In tig 0 enat Tn h lb thc foi front tue tho t Croll on Mr J nd electIons Jun I Is h nut not cu cn 1 Ehat t as It t lU In th s 10 0 fl SUed a Ih ot oC uW II tot suld ld the tho jr r In il rr tS Cu cn Cud Ir fj I ilon ont In HID enu to ot tho jio d to t IL L tM thC ot cC Utah Uti from Crom I CluS to m me to tot It II 15 ne es r If IC nn the tho sen senal seno Ot over tM the t lern States hM rrt al ot o th the rutted tM thO of the tho In talO tt ot of utAh state enit to tits this bd bOdy chorn tat thaL oe legis matters alt to hr her 11 lit al tM thC lag tho Ot of fx IY state In this ni 0 f th arbitrarilY tOY lady members mom from tho of It Is ih state a or other no fl Are tIC tho senate In Ae uron ot It a United tats t th the utah Ulah who pr presentS his cator from under thC tho Of the hf tiers to Is J In ot the tho eit nt tho n Th c Ira cro nt That great grent ment what would other hc nol OW unites and wie io b hO 4 5 provIdes the from any ono one of o lons of senator 3 3 Ih e reads ns I ot of the tho hO a senator who o Ier on attained to the aO of O 30 pha hati not COt years th I a citizen ot of nat an states and who Ihal not th of that he be an 30 h elected bo be ho talc fO whIch h closen with the AU All ar on On the fed paper contaInIng remember that u wl adopted after it most 1 ebato In the or Of best legal mInds In the tho the Some of opposed to placing an any wre re re aUona In the tho representatives or son sen senator either to leave It to th proposed ator toT Tey TheY ot of to del ermin the tho tat they would send to the men whom wheel th Mr AIr Dick DickInson ot of Ith r branch discussIon of the Iho Inson In ID the tho course recItals fald that b be wa was against In the an any ot lY Impossible to make a corn cornitt om lon It was as wo would ld by and a itt one on the hands of the th tIc up te tram whose Mr Ir Wilson ot t removed from were remains to tM the state of at Pennsyl ears re no 1 hundred years nearlY a taut after neary In Inthe state IC the tho ohl ot at I a foreign the debato that 01 In the tho tM tha language that I have just I ton tion of at said from the Constitution And a partial enumeration of I beside luta disable io Ut from aes odious and char characters ir however Mason J of the called the ather a direct opposite view lie He con tol tended I that the ot of United Stales senators should he ha stated In jn that created such om stated that to lelle leave I it to the 1 Ic g U j Liture atur would vest cst an improper and d a I 1 i erous po cr In such B a bd body r rin that the h Qualifications ot of the dt fundamental in t 0 t 1 t b the s I r n nb from rom expert ices Inces ot of er countries con and that ot of E at let power left leftt ja tl ler la h the ha hands t t by the co attention to the do de doto senator Ional convention nt te tg to thaw that I guage that was ul oil ule ado t te d as not expressed as asa we e find It It in O d a e ough t on the part ot th t mers of that groat and that the tat that they placed placed It was that th calie 1 or I in the lent rent Itself A idea e that any otter c o u bo be exacted eiter either by the s Ise or by any on one ot of the states b I of feC section t on 6 5 ot of article I rends a Each boue I 1 otho the judge of tu an ot of otI Its 13 own rs etc I It bs baU os been that I the Ibe I the power of the thea lr dete t the eligibility of a 1 melber member en I es it to to fb dx what I r tl t judgment t of I Iro l tbt particular el s a I be deemed ro r In and just s UI as asme It I to me Is not when we I me to caret I 5 of article e ot the Const I uton I In l eUon r I I ot at the Con Cone n the ona ot of a senator I IC Ir e given chen and on u only goes oes to the th C hoot nt ot of I g th a wI with th the tho loje power at t whether tot t have avo been co corn corne ed iii n other o or section 01 e article i the tho Idea that r a atte e r l seAt at Ito In the UnIted tte senate berate co coul 11 claim lalm any of th the e Curts ca of the tha country countr en tate or fecIe I that hIs l lre I er Competitor for position ot of Unit e ift eLates tes senator W o for example re e t of 01 ue or t e a nO ho h had not bee i ie rt n I t tt e senator tO he was hk an inhabitant t the state n tho 0 from a was Wa rhobe n es th thIena In Inne Iena ne te whether of tle t 11 Stat to do doit it ito o ten r an and qualifications whatever ci 01 say r nn any on one l qUe Uon abo o the theSal ten nate t by o lot be hampered Sal uh could forM 1110 into arid Itt n Ut Othen Othe II l nl whether n h those el 9 over v ben been regard thO to IeM 1 tIt In deter dater datert nt t e Co ruction 0 on ot of th lecton sections n a n d artcle artIcles or nt the that ulon whIch a In W work No n tho reder D I n Y Alexander llOn the tho f ta a con t If i senators for re d I tt Or o that thata le be nu U titan Oa a he e laid n up ef Jt e truth lB Is that t there I no method q to 10 the t preference tr Uon oid bUt ny o m may r Property N eOn tholo or hut el TOll to hl ed this ot of the tho pow er 10 b con Cnn t I rn J the r r nt lie to e S re reU I C Cle e h th t times mes le 0 manner ma 0 t C U Ir I e o he be chosen n Iho Persons who n oth l 11 r de re In ae e Iy Ihl r tit t e of the Courts Or cc JI em es hire Hwe 1 the se COI ber Ml t U 4 II I J elton I Constitution tho quel t Q P In r t I r ar c the 1101 1 tt It I 0 I to 10 power IQ b b by ivan to H it O I I IF t a fair lr that Where hero lh the n the tho Il to nil others Cot Con ni edition I p io see sec Tho lion John rat for lon n a of C Congress from thin tho state or of 1111 and S 10 i the tho as ft great on ConstitUtion R I II Ii n a WOrIC or of his which lies baR been published since Inco his oleati called Tucker on tM II It caled B on this ClY topic said Nor can tho Congress nor tIto tho louto on these ro the tho latter no thao such was later mid thu or of it Il would ho bo dan dnn dangerous ald eroUs ns as z right whIch bo be bolong belonged long longed d to the tho body not notto notto to the bod body of oC whIch ho tive of w was n a aher Ilem b her r Tucker on tuft c Constitution I 11 t 39 Mr Stor Story jt s one of the and gr greatest on the Const ot tho UnIted States works haV beet been quoted In this In England as ot of the tho highest au authority IS on the that lie ho dis discussed cussed relatIng to th tito ot of the UnIted speakIng or of the tho qualifications for oneo office he said eald It wo would seem but fall fair reasoning th I plainest principles of Interpretation that whet the tho certain t as necessary fut It meant m ant to al all otherl us From the tho ver very nature of u ch u a provIsion the tho of these Been to o im imply plY I a netho of at 11 all others Story on the tho Con Foster on the Constitution te js n a work that ranks wel welt with altu alt stu students dents ot of the ho Tie says The principle that each ench house has to right to impose I a qualification upon Its ts membershiP Is not prescribed 11 11 the on If established mIght might ho be beor hoat or at great great danger to th the I It was on this eXCUSe that the Frond French di directory rectory procured nn an annulment of elec to tho council of 1300 OO ad nd thus maintained tots themselves 11 in pow r the wl vili of the people who gladly accepted tho of Nn Na Napoleon as a idiot Foster on thin Con Coil tOI p 67 I decd Mr President I thInk I om am justified In saying that ever every lawyer Iwer of and every ot of 1 hl history tory of ic BUY any learning has nd ad ton that neither the tho senate Con Cali gross nor a state cnn can other gess qualifications for a senator to those prescribed by tho ConstitutIon I It ha has ever been hold both II In and out of the tho senate that the tho states coull be trusted to son ft fit and proper Iron men to te this hIs bod body T Tc c Constitution fixed the tho ago age at it where the senator have experience co send nd matured judgment Ills His was fixed at a perIod sufficIently long to thor thoroughly familiarize him wih with the tho Institutions o of our country anti the fact I that he must bo be on an inhabitant ot of the h must state Cr from m which ho Is chosen provIded against any influence outside or of the tato limits In selecting other titan than u cItIzen ot of the state In the tho earler earlier deys of the republic senators were and regarded a as ambassadors from the states they represented In thIs hod body and mot methane here ne as lueb such to confer respect respectIng respectIng Ing legislation that would result In benefit to theIr common countr country The 1 13 separate sovereign states that had recently gained their Independence from England would any ono of them have scorned the Idea that senators whom they thoy selected to them could have qualIfications other tItan than those prescribed by the ConstItution fixed by the legislative bd hotly to tI y elected and were to apart a part Virginia did consult Mason ns as to the ho character or fitness of her senators to the great state ot of VIrginIa In tile the first that n assembled under thc tho Constitution of the United states and when Massachusetts canto came to select her representatives 11 In Inthis this gret great bod body she dId cud not consul consult South Carolina as to that state te or the senate Itself would bo be satisfied with tho character and quality ot of men inert whom the tho old commonwealth of Mas Masa had desIgnated to represent her In the first senate senat that assembled under the ConstitutIon They met ns as asI I have already said ald In the spirit that tey they vero ambassadors from the state state whose credentials th they held and while the they legIslated for far the common go good they paver forgot In any uny ot of thol orations the tho Interests ot of the that Olt had honored thol thorn by selecting them au their senatorS The power that la is given th under the tho ConstItUtion Is rot not tl to create c senators but to judge of their catona The Tho states create tho len lentor semi bra tor The qualifications be judged are those 1 as I have havo already stated pre In the Itself I IC the senate note find toso qualificatIons ex cx tot 1st In the tho applicant for a seat In bd body tron fron tny given state then under al all precedents such senator la is entitled to take oath of oC office and take his place among the ot of thIs geat great body Senator Senators us as such are nt not civil cm cers ot of the tho federal government I It has hus been held heid over sInce the adoptIon of our Constitution that senators are of the states The federal does not send them hero bero to legislate for It it has bas no or nu au as aa such I to designate to n a single n of this body I It la Is utterly powerless to create crate tIle office o of a Unit United ed States senator and Ind It Is equally powerless to require any uny one ot of th states ot of the tho republic to designate any particular Individual a u a senator from luch such state state The federal Is a nation of delegated powers r and among these powers that that IW era uro tItus thus delegated by the tho several to the tho federal government Is not liot found anything relating to UnIted States son The ho alone alono lend senators to this bo body Y to legislate for Cor them nn and for Cor the federal government ThIl This doe doo trine Mr r l Is not now new It was announced by W this very bOdy moro more titan them years ago In the tho at f Wiliam William of Thu Tho hIstory ot of this case caso II is familiar to lany many ot of tim tho sot son no Ito was vets I a from the tho sta to too o of to July 8 1799 1709 During that period It was claimed that hI hut engaged In correspond enco wih viii I a foreign I nation tor and wn was guilty of 1 a hIgh lIt of Impeachment were voted dm by the house of and duly to the tho sonata or of th States ati Mr was WUI caled called upon to maKo answer thereto o IR as his 11 counsel Jared In J Dalas Dallas of two of tInt tho most distl distil hed II Itt the rhoy w were ro mon men who were ere In the tho forefront ot of their slon sion and whose and ability Inko thor them I leaders ot of the tho 11 of o othe the United d at t any lii Id its history They ind made I a careful of at the tha of o te tite UnIted States aid they Presented 11 Mr Bount doon defense l In iii answer to the or tides of nh I b by the the house hOUle of oC the they Inter Interposed posed o d In bil hii behalf the following That although 1111 itne I it is hi that 1 Ito lie SI raid William 1 a Ut pt tM th the Ito state tuto ot of Tennessee At the of in referred to 10 yet et hut JI u the lala said S l itt riot not now I a tl sot star Ui Is nat rial nor was nt at tIn Iho several so Ito 11 ati uh to PI an officer tiC nf tho United nor Is h he suld Huld II II in by ld articles e wih whIt shy or iii the tho of nf AlY atty hold hoh 1 pp tier Iter the tho or I wih will IllY any mci Conduct In I ciVi 11 or of any trust I In l ho x Ut This hl pica plen Mr 11 was M inter interposed posed ed to thin tho articles of which charged him with this Of the tho that I have referred to wIth he wits C it of the States HIl Ills co by thin pi plea en raised tho verY ClY that I briefly 1 1114 I 8 sInal l of the UnIted trot the the state bf ito he was O not nit ot of tho United and therefore that the tho lonato had hod no jurisdiction tC to try try his case caseI I also n further us tIO follows That the tho court count ot of common law ot of I a criminal jurisdIction of the state wherein tho offenses In tho sold saId articles recited oro said to haVe been commit committed ted lS us wel tB no those or of the tho States are aro competent to the tho ancl prosecution and punishment ot of the tho said crimes and misdemeanors It the same have havo been heen perpetrated as la is suggested mid by the said ar tides WhIch however ho utterly do da flIes I It wil will thus be ba seen Mr President that In formulating his defense these eminent lawyers took the position that the tho senate ot of the United States had no jurisdIction to trY try him for the crime charged ed These defenses were ero argued at length byth by learned counsel who represent c ott 1 Mr and ant were discussed b by bythe the tho senators themselves The Tho two propositions that were advanced by Mr Dalas Dallas and Ir uc itt great grent length and aro rons as follows FIrst h only civil of the United States are aro Impeachable and that the offense for lor whIch nn an impeachment lel lIes must bo committed it the execution ot of a publia I Second That n a II It not a civil officer within tho meanIng of the tho Con and that In the present no rIme or meanor Is charged to havo he been en corn com by William D In It the tho elton char character acter ot of n a senator I have not tle the time nor inclination on this occasion to follow nt at any length the lie that overo made pro pru and con can upon the tho raised b by Mr Ingersol and Mr Dallas ns as stated by mo me here hare I It Is sufficient to know that weeks passed and Itel after this fl till anI and elaborate argument and the tho ot at atthe the United sIttIng nf as a court of Impeachment hM had tul fully on th the queston on the of February 1709 determined ell as fol follows ws On moton ni It was determined that Tue Tho court Is of the opInIon that the mater matter alleged in the tho plea plea of oC Is sufficient In law to show that thIs ourt ought not to hold bold jurisdiction ot of the tho saId Impeachment and that the tho saId Impeachment Is dismissed onda Jon Jail 1 14 The court court beIng opened the parties attending and sl ii hence rence being proclaimed judgment wa was pronounced by the tho vIco ns as follows managers of the ot of representatives and gentlemen of coun ael sd for William Tho after given gen tho mUst mature maturo and consideratIon to the tho Ques Queston ton and to the tho ful full |
