Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-05-27
THE ELIGIBILITY OF JUDGES TO POLITICAL
OFFICE.


To the Editor Of he Wig:
bsre seems to be disposition on the part of at least
ne of our city papers convince the people of the
Petersburg district that Judge Ghoson is not eligible
~ Congress This is the remarkable the ques
ton SO far from being new one, is res GiEdeatd.-
In the weknown case Of Trumbul OF Illinois, the U.
senate decided with great unsnimty that provision
IN tbe Srte Constitution similar to that in ours under
which il is sought TO exclude worthy man, was null
and void ooad Federal officers. Judge Butler of South
Carolina supported this deeison-a lawyer whose opn
ions were and are entitled to the highest respect So
did Senator Mason, Of Virginia. and might add almost
every great lawyer in the Senate.
IT'S well settled rule Of law that "trPressiO lRis
EFT seiso altsris" The Constitution OF the Conede
rate States says that persons having certain quahhca
tons shall be eligible TO the House Of Representatives
Now under the rule above quoted if person has these
qualifications, be is eligible, whatever other and add
tional qualifications particular States might deem
necessary And if Virginia may rightfuly require one
more qualification each of the other States may require
one or more additional qualifications, and so the stan
dard xed by the Confederate Constitution become dead
letter. In word If the States may require any quail
6eatou n representat-e which are Dot required by
the Confederate Constitution, then each Safe has, in
fact the power TO alter that Constitution without refer
eace to the wishes interests Of its Confederates The
Confederate Constitution provides that if man be so
wears Of age lie Is so fer ageis concerned, eligible
20 the Confederate Senate Now suppose that the Vr-
GINA Constitution should provide that no citizen Of this
State shoUld be eligible TO the Senate until he be-
came thirty vs years old would not this provision of
our Constitution be null and void? Clearly So because
we have ratified the Confederate Constitution and made
Il the supreme law Of Virginia. and that Constitution in
providing that man thirty years Of age shall be ehg-
lie TO the Senate does in eject provide that no man
who Is of that age shall be excluded by any State law
or constitution from the Senate. So of judges. The
Confederate Consultation declares that if man be
many wears old and citizen Of one OF the Confederate
States be shall be eligible to the House of Representa-
tv,s Now Judge GhOl on has these qualifications
Therefore he is eigibekCan Constitution require
additional Qualifications Not unless il be superior to
the Confederate Constitution, no one claims that it
4. He has s'yested rghtn-a right conferred upon
him by our supreme law and which no law Of inferior
authority can take from him. The Confederate Consc
tuition declares as plainly as language can, that every
such man shall Be" eligible TO the House Of Represen
tatives Virginia, so long she remains in the Con-
federacy il bound to respect this right She would be
guilty Of wrong towards her citizens If she did not
She Is poWerless TO prescribe the qualifications Of mem
bers of Congress but potent 70 fix those of judges Of
her own courts Hence she may il she think it proper,
plovide that no man who resigns judgeship or eny
o.her State Office to accept a seat IN Congress shall
thereafter be eligible to the judicial bench and this
provision would be efectua seeing that she would have
il in her power to enforce its execution But unfortu
nasly in the case sat bar" she has put the cart before
the horse"
This Is not ti,hs Of what might be said on this
subject but for fear Of firing you, Mr. Editor, VIII
SOP. > d.