Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1865-09-05
ELIGIBILITY FOR CONGRESS.

The only restrictions upon eligibility
for members of Congress, imposed by
the Constitution Of the United States,
are embraced in the End paragraph of
the End Section of the 1st Article Of
that instrument, which reads as follows
"No person shall be Representative who
shall not have attained the age of twenty five
years, and been seven years a citizen of the
United States, and who shall not, when cleo
ted, be an inhabitant of that State in which
he shall be chosen"
1t will be seen that all persons who
haze attained the age of twenty-five
years, been seven years citizen of the
United States, and who are inhabitants
of the State in which they may be cho-
sen, are Cozstitutioaaazzy eligible to the
House of Representatives in Congress.
These are the only qualifications pres
cribed in the Constitution, and no 9TH
ers can be required by Congress or any
other body, without violating the Con
st;tu tion, till the Constitution itself be
amended.
The 5th section Of the Constitution
makes "each House (of Congress) the
Judge Of the elections, returns and
qualifications Of its own members"
That is, each House is to judge whether
or not the persons chosen have the quail
itications prescribed in the End section
Of the Constitution as given above.
The Constitution does not invest "Con-
gress" with the right to prescribe quail
| ifcat!ons of eligibility, but only to
Judge whether the persons chosen have
the qualifications prescribed by the
Constitu ion. and whether the "elec-
tons and returns are in favor Of the
applicants for seats in that body. In a
word, in judging Of the elections, re-
turns and qualifications of its own mem
bers," Congress exercises a J1dacl0Z
and not a Legislative function.
4 we are still ont Of the Union, we
have no right to have Representatives
in Congress at all but if we are IN the
Union, (and President Johnson very
properly maintains that we are) then
are we entitled by the Constitution, the
supreme l0ao of the land, to choose as
orr Representative any che WHO has
attained the age of twenty five years,
been citizen of the United States sew
ca years, and is an inl.abitant Of the
State in which he may be chosen. Any
additional qualifications imposed by
Congress would be unconstitutional,
null and void. Such is the act of Con
lgress passed July End, 1862, from which
| the following is an extract:
f'That hereafter every person elected or
|rppointed to any Office Of honor or profit un-
der the Government of the United States,
either in the civil, military or naval depart
ments Of the public service excepting the
President Of the United States) shall, before
entering upon the duties Of such Offices, and
before entitled to any of the salary or other
emoluments thereof, take and subscribe the
following oath or affirmation: ~. CA. b.
do solemnly swear Cor AFFIRM that [ have
never voluntarily borne arms against the
United States since | have been citizen
thereof; that have voluntarily given no aid,
countenance, counsel, or encouragement, to
persons engaged in armed hostility thereto !;
that have neither sought nor accepted nor
attempted to exercise the functions Of any
Office whatever under any authority or pre-
tended authority in hostility to the United
States; thas have not yielded a voluntary
support to any pretended government, au-
thority, power or constitution within the
United States hostile or inimical thereto
and do further swear Cor afirm) that, to the
best of my knowledge and ability, I will sup
port and defend the Constitution of the Uni
ted States against all enemies, foreign or do
nestle; that will bear true faith and ALE
glance to the same; that take this obliga-
ton freely, without any mental reservation or
purpose of evasion and that I will well and
faithfully discharge the duties of the Office on
which [ am about to enter, SO help me Cod;
which said oath, so taken and signed, shall
be preserved among the files of tho Court,
House of Congress, or Department, to which
said office may appertain. And any person
who shall falsely take this SAID oath shall be
guilty OF perjury, ard on conviction, in addi-
tor to the penalties now prescribed for that
offence, shall be deprived of his Office and
rendered incapable forever after of holding
any office or place under the United States"
The trainers of the Constitution were
too wise to invest Congress with the
right to prescribe the qualifications of
eligibility, for they knew that it would
confer upon any party, which should
happen to have majority in Congress,
the right to perpetuate their power for
ever, however strongly the popular
sentiment might be opposed to them.
Representative Government would be
at an end. One Congress might fix the
political complexion Of its members for
all time.
PEOPLE OF THE VALLEY.
We clip the following Just remarks
concerning the ''good people" OF this