| Show TEST 4 i II tI P Qt it B Bm In m tin I M l tor br It of f L Law Note Notes i t I ri I In New Net York there thee 1 i I 1 on the th pow powers Ti or on reis as a to 10 III tue h right to ton toR n R n I In It 11 hut t hotly d of persons persona ps I ing tr tC M j i i prescribed r In the national Constitution Con As e It maintains maintain tho the name MIe taken question QUeston bv IW thIs Ihl paper wu we WI are aro to give Elv ElvIt It I space sinice in our The fhe subject lu Is II of oe national an ns well wail wel us In local Import Importance mince ance 10 ant ol vo 0 commend It II to thin the thin Ion lon of ot our thoughtful rca ers It I Is It isas as 1 follows Tho ho electIon lection tl of o lon Hon Hoed It nn an Apostle of ot the lollon Church to th Ii l Stute 8 from front tho th State or of o h has caused the tho 1 and ald tho thu 11 law Journals to outer enter Into 1110 n a I discus don Ilon as at to the tho United Statte 6 Sn San n dlo could lul would or should do when he hi presents himself to 10 take 10 the oath th of 01 and anti become a member of DC that body wiy Not It t few 1101 HIP al discontented with the action of the Senate In the lark ruse ease and of at e the House ouse of oe In the tho Roberts caw case cn It H Is II of small email ral moment w mont Whether or not lot Mr Clark was wan Qualified to Bit alt as a a United or that t Mr Ir Hoberty Is should b le be Ousted front from lilt his seat scat HiLer In the this house Jol e of ot If the tiit pro ro leed I I of unseating them wore ora not R a I violation of the Constitution and Ild ex cx x ct ly vicious J Almost since the th of history have been more mure Jo jealous of or their than nion archu or courts anti and It would be Le utile futile to 10 0 deny that nn nfl of at the thi of ot the greet erent legislative bod bodies las such luch as BH the hr S Senate n to tile the French House loul of ot find and the tue Parliament hits has ai hen been to bv 11 b the judge of the right of If a I claiming admIssion to oc occupy 01 CUD cupy CU hil lila s sent U It I Is la not to per ler Ive how hO the United l States staten Congress lw l Jigs b ln been n allowing this title precedent anti and specially when shen the ito Constitution of the slates Brute says n ch House such shull b l be the tho nf lit the elections returns am anti of lt Its own member Const Consi U 8 a Art 1 I H Hl sec 5 G this clause anti and legislative having been the ty t for tor th e of wv sev 11 anti eral erl claimants t tn seats If it J title Ih er all al that the Constitution lion tion said Il In this tile re no win ono could ton the th of ut the gainsay tight right respect respective houses hOus of engross Congress 9 to continue to not act In an al arbitrary way cm on n qUIton of ot seating eating or ur unseating unsealing tiny 01 one who pre presents presents himself us as IS beNI elected l by any of or the Ihl tn several States nie Constitution however I further No jNo Khali ahall be Ic n a 1 sena senator ent tor or who wh Dim not have hae attained to the thu ag age of thirty years and been brett nine time years yeorg earl a n II citizen of th United States and who shall not wh when n 1 elected t an Inhabit lint mit of that ta State for he hue shall shah bo ho Chosen n Const V U S B Art At 1 I seo 3 By Dy ettry known rule rull of ot construe construction lion tion It would seem that tItle Oils 1119 clause clouse him lim limited lon lel HIP tue Senate In Judging ot of the tha quail qualifications and n electIon of 01 its IR members to 10 alto taku any ony other view Iel of ot tho the case cn e would Inevitably lead heath l ul one to the con conclusion on elusion that hat the United States Senate can n qualifications for Its members to those tho 1 already specified In tn Inthe inI the I he Constitution When the Constitution ion tion ll that Mcl House shall be Le tho the judge ton of ot tho the election leeton mid qualifications of or Its hit own members by what Is It to toJI Judge JI Is 01 It I can only be lie by w the 11 Constitution enat le ot of the United Suites States the meat ment Inton to which It owes o s Its 11 existence and I by hW which Its I powers and duties are de tie defined fined The Tite he power to add to Implies the Inell power Jo r to toko from proscribed prescribed pm tests of ot qualification and the tho power to take from Imel the power to abolish al AI altogether altogether together If It tile the tie Senate had ha the right Into Inlo under tinder the Constitution to Inquire else than the facts that the sans sena senator Ina tor or presenting credentials Is 18 over thir thuir thirty ty tr t year NN of oC age uge and that lud he line hax hll been for tur nine years a 1 citizen of ol the United Unie States and ald that he Is an Inhabitant of or that Suite State front from which he ho line has hal been ben cht and that tha he huts nai been chosen by 1 the I legislature of or the tle State Stat from front which he comes It lute linn Im the power to any other qualification It may mar deem eem fit ft Iny t tu to allow ul n a 1 claimant to tt II elt I Il who ho h tiLts him not Iut these th se quail I I Th Tile very va enumeration 1111 of the these e excludes the others are Intended That ThatIs idea Iden that any ae i Is II a plain rule of ot ordinary construction cn It conies comes within the tho familiar principle that tie numeration enumeration of certain requisites sites tha or r r qualifications or of ct certain die dis disabilities abilities to t election Is I the negation of ull other amid Is equivalent to a peal positive ul tWo tive ve prohibition of ot authority to impose other test teat In fact fart Judge Ju ge Story In hi hIs commentaries on aim 01 the constitution reaches tills this thi conclusion He Ire says nys 1 It I would seem tm but fair reasoning that when lie tho constitution on establishes certain tain tab qualifications U It 1 ne nt to exclude e eni nit nil ni others Storys Commentaries sec M sectIOn Uon tIOn CK The he Senate itself I l hues hiI not be hen been n uni uniform form In la the principle upon lIHI which It h lists s In iii the matter mater of th these contested ts ta When n tl that t eminent Jurist lyman TrUmbull r was van 8 elected Efte to the time Senate from Illinois hunch Lewis lAWil Cas tass al United States senator rm from fro Michigan presented the Ihl objection of or certain c citizens of Illinois to tl this the seatIng Renting of Mr Ir Trumbull on thi th I h grounds that the constitution of the th i State tate ot of Illinois provided that no Judge JU IP of the Ru reme court would wealth be b eligible under the United Stuns Statis I to an oil ee luring during the term for tor which lit lie was l t td for tor thereafter Mr Ir ed d nor one year I Trumbull resigned from the su RU prams premo court of eC Illinois a short hort while 1 previouS to his hta election to the Senate and ml came ramI within the tho Illinois constitutional I tl The Senate overruled Mr lr objection on ort the grounds ground i that the slate of Illinois hind no right to 10 add to the thi of a 1 United States StateR senateS others then than tho th cc laid down don in the Constitution of at the United States If hr the ine sovereign atte electing a it sea sen senator ator tu hi I represent It II In the thai United SUite Senate annot I pr lu prescribe erlb that Its III rep 11 representative shall hall have such men Ion tiona ilK as n It II Wms nt fit how hew much less lew then hal rin the th Senate lt itself ItU l the tha right to tom tomake m masks make ke them themA A similar was 11 by I bythe the House HOUR of If Representatives in the time fast case of If Mr Marshall who came from Illinois It ran can readily r be tit eln et n front fro the Trum Tram Trumbull Trumbull bull rue and tiati the Marshall Marahall c ca case s anti the theory Ihor upon which they the must nM necessarily have Ii b been n derided decided df that t the lie Sen Senate Senat n ate alt at his lias sated in lag Inv whether Mr Clark of lIf Montana had hM t n gulit nf bribery In obtaining his hi hil i l election and arid that the House HOUM of Item v w I a ii 11 squishy Inconsistent In InI considerIng I the I h whether h or not Mr Ir of tiC Utah nab hud hail been guilty gunt of ot polygamy It II may many be urged with w th seine MUD force under a il strut Interpretation of oC tho Iho Constitution that I on IU In Is with without without out jut 1011 t to tn lf C of nf unclean members To CJ those nf f title mind we rile cite the tl ease ae of or John Jolin of Virginia who WB belt elect elKI elected nJ Id t I replied piled I when objection oll Uon was s made matte to tt hl h his eligi eligibility I Oo ril uk ask sk the people of Virginia J Ho KG time the th states Mates of Montana and land landI of Utah Ulah tab run cia In answer heat t f t the this question I h laCk arid and lIt r elected This In Is no ma new now or startling proposition I lion tion that t we III contend for As 1 has been KWU the lbs t adopted It I t In consider considering co lag ing Mr tr Trumbulls case cut Mid and the house HOUM housein 4 in considering r ease cue Like a treat great matiy other constitutional questions It Itu was as thoroughly debited snI threshed out when th the Constitution Con was II i being III made m lor For ln lan e In a debate upon ur on t clause fauS of or the Constitution idles In regard to o the ot of John Jo a Adams saId The of electors and elect elected ed 1 era an r In a republican pub lira lican and ought to be fixed by to the th Constitution If Ir the th legislature c could uld r N regulate g lIte il te those thae of either It can by degrees decree d subvert th Uw the A Ar t r may u b Ie be converted Into an aria aris aristocracy or ot an arm oligarchy aa as well ell by lim limiting the number capable of nf being lIn PI d as AI the tbt r d to elect ele et fu n A on artificial die dis distinction may IDa he be advised d by b the tM strong OT Cr I In order ord r to kp keep I foP out of ot ft a Beaker fiction faction See S De bits itt Ut s This Thu thing of an arbitrary rd e evry et ry time some someone tine lne it Is pi md t t to th the tr of a 11 member Is I as a s H IH Illegal and par tl It hazy hIll be J remarked that It we tte UK idle ai wrung as III to the scope that thai the hue Slates Senate or ur House HoUMe of or ftC ru muni wl take in t time the eligibility of oC a 11 member and It if every ciry nt lit time tile like lit ot a IL senator ur vi urn O via n a r re shall be brought to Judgment at Itt th time thA bar of or the house Jo eu it would be ht b exceedingly expedient that haLt WI we e have n an 1111 n amendment to te the time Constitution In III order ord r to forewarn tor those thoe seeking this as al to 10 the trie eh II that hat they thoy will have hilI to tu inert t flat But time the right of or O the Senite anti and the House of to 1 whether or lIr not a 11 member r has other I qualifications thin Ihan tho these laid lal In Inthe InI Inthe the I h Constitution ought to be he disposed of by IJ this title proposition which Is IsI self f evident Time The he oUI of ot a It In iii Congress or of a 9 senator In time the Unit United ed Id States Senate Semite 1114 aU United QI cj as touch much HS pin that of president 1118 created by the Constitution of the Unit United ed Id States t test lt t of or qualifications for Cor office state or national 1111 I can b ll only by He the nl authority under tinder which the lie Itself exIta How then Ihn ran a II who ho luis has an a n oath to the thi Constitution of ot the States by b his vote ote to 10 seat ur or unseat u n directly add aIM to the theiu iu of or that not pres prescribed In the hue Constitution Itself a it republican r form of govern government meat ment the people have a n natural right to choose choo e any one oils they S lIe ee e lit fit to 0 act as 08 their agent In ranking making the laws lawn under antler which they the live When hen the people 11 Ilo of at atthe th the United States Sinus formed n It federal C gov government gO nt thiv Ih this hits right t anti anil upon the thu Ih that their l fit must mut pos possess sees sess No one on can call all take it away Iway or limit It hut hunt themselves th They Y did dill limit It In tho tIme Constitution and Iud by those limits and according t to the letter lott r of cit them item the senate enole of the States and the Hou t of ot Hi Jj should be b and andare n are re bound KC 1 C W |
