Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-03-27


Uniil his excelency asserted tist the OF
fccrs of The United States, were "osjects
ofjeaiowsy" and partially disfjGachised,"
their enjoyment, as citizens OF the seve-
raj states, OF all rights no, expressly pro-
hibted. had never been denied ,a them.
The general government must have Off
GERS IN the several states, and Il the eicc.
tive franchise OF the citizens Of the states
respectively, il forfeited or impaired By
accepting an office under the y States,
honorable and competent men would
disaain 10 make such a sacrifice. The
facts and the reasoning upou them, lay
which this doctrine is attempted To he
enforced. are BIZ no means satisfactory.
That national officers cannot si in con-
gress, or in The electoral colleges" is in
,'ispuiable these are mandatory pr"vi
SONS of the constitution, ana the reason
| of them IL butli obvious aud sound But
does II follow that they are not entitled
| TO the enjoyment of all other privileges.
where no restraint is imposed? d ,es il
not rather follow, that where there is a
restriction, az 10 a particular right, The
legality IF exercising every other. is, by
such exception, confirmed II is the We
| rs essence Of our republican system, and
The laeguage Of our state constitution.
that no man can be DISTINGUISHED, by
implication OF by analogy, nor deprived
OF his suffrage, but by positive enactment;
ami any other principle Is dangerous to
our liberties, and, Ia The op,n!ou OF tie
committee, wholly uutenatie. The oh.
servailon Of his exceI!rncy, that an OF
hcsr uf the general government cannot
sii N The state legislature" so Far as res.
Pecis 'his STATE, Is certainly incorrect;
and II IS not a hitle surprising, that his
remark should have been made by him.
with knowledge OF ihe fact, that per
sons holding offices under the general
| government, many OF whom are his pp~
ht,cai friends, were, at the tlnc, mlem"
rrIs OF both branches OF the !cgisia ;ure.
II his exceiiency's assertion De correct,
how ~ this inconsistency 10 be reconcIl"
ed Or Why is liz continuance permitted!
Would 1t not be bis peculiar province,
TO notice such an infringement Of The
! constitution, and TO warn The rejireseufa-
iIves OF the SCOPE against lis preaomi-
nance EIe idsa, in The opinion OF the
committee is nusauDd, aud Cannot be
maintained. That s0me OF the states
have prohibited Officers of tie general
government from holdiug SEATS IN their
| legislatures, does MT vary HE case (; tlis
they bad perfect ngl, 10 do +; IL Is Il
question or exprdlsney alone. The con.
siiiueEi branches OF The legislature uf this
s'a'e, lave mol adOptcr! this policy, corr
sldering II Il!lLeral partially Ia diSt.an.
chIse p"rilon ef their ci!zens, selected
Tor ih'ir talents aud respectabiiily. TO fiji
lie Offices "i the general governments.
The concurrent resolution, passed IN
| March, 1890, which is mentioned in Tie
messagr, oniy proves, thai ii ssls deem
ed improper, al ihai perI-d, bS the le~
gisiature which adopted u, tor "A member
OF congress, or other pe'son holding an
office under The u Stale, 10 be d mem
her of The Senate or Assembly OF this
state. That resolution could only hind
the legislature which SANCTIONED il its
obligatory power did not exi,n nd ~ lmiure
legislai ures Had law been enacted,
embracing The same provision, it would.
et course, have been operative upon all
subsequent legislatures, until their ws.
dom had dictated its repeal. Our con.
stiiuiion declares, tha, tbs Senate aud
Assembly shall be The judges Of their
own members bul II mSy well be doubt
ed, WHEELER either of The houses can cree
ale a qualification for seat therein, n0'
| recognized hy The constitution at any
rate II becomes highly Important to oul
constituents. that the qualifications i0l
! holding seat, should be exPlicitly de
hned !otiiefwlse, they NAV be uaexpecI.
ely deprived of their representatives, &c
their great Inconvenience aud prejudice
Since the year 1902 This objection ha.
not prevailed aud il is su iDdispulai,!,
truth, that since that time. the establish,
ed usage of The legislature has been 4,
permit national officers 10 hold seats j,
both branches and il is equally true
that within The same period, Isis exccllcn
cy has been a member for several wears
and dnrIng part of The time, was lieu
tenant governor of The state, and presi
de'i over the senate. IN that capacity.
line general reasoning which ~ urged
to show the improperly Of national Gfii
GERS holding seats im the state Irgisld
lures, would apply wuh equal force {,
prohibit officers of the stale government
, from holding seats in Congress. Til
exclusion, however, has never been con
| tended for and the common practice q
this and Of other states has been. 4
= select state officers 10 The national leois
: lature. Several members of the las
congress, from this state, held prominen
: offices al The time 9l their election.
Whether The Officers Of the United SIaie
D oUglh or ought not 10 hold seats in I'll
= state legislatures, ~ not the imDortar
b quPs'lsn but whether, by accepiu
: such offices, they forfeit any right wbic
n they before enjoyed rs citizens OF ti
e states respectively. The most suspic
/. Gus states have gone no farther than
. debar national officers from sitting in Il
legislature no other restriction has ev,
ia been Imposed upon their right Of stl
r Irage. Wholly TO deny them This rigr
v would be palpably Unconstitutional =
e Is The most sacred prerOgaiive inhcriit
y from our Iorelsihers , and we must il
!. dignsntly repel any attempt to impair
No maiirr from NIlat source il emauai