Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1870-03-01


of State of Virginia, for permanent preservation,
an oath in the form following
Il, -, do solemnly swear that have pev-
er taken an oath as member Of Congress, or
as an officer Of the United States, or as mem
Der of any State Legislature, or as an executive
or judicial officer of any State, to support the
Constitution of the United States, and after
ward engaged in instruction or rebellion against
the same or given aid or comfort to the enemies
in like manner take, subscribe, and file, the fol-
have, BY act of Congress Of the United States,
been relieved from the disabilities imposed up
on me by the fourteenth amendment of the Con
stitution of the United States so help me
God which oath shall be taken before and
certified by any officer lawfully authorized to
administer oaths: And provided further, That
every such person who shall neglect for the
period of thirty days next after the passage Of
this act to take, subscribe, and Hle such oath
as aforesaid shall be deemed and taken, to all
intents and purposes, to have vacated his Of
fee" uf 20
Now, when this bill was under discussion in
Congress it was held by some that the provi-
sons quoted applied and would be in force for
all time until repealed, while others held that
their power would be hausted at the end ofthir-
ty days. The question is still undetermined, and
upon its correct solution may depend very grave
issues. 1t ought not to be left longer in uncer-
tainty, if certainty can be reached The Sd sec
ton of the 18th article Of the Constitution of
the United States is as follows-viz.
SECTION g. No person shall be senator or
representative in Congress, or elector Of Presi-
dent and Vice President, or hold any office,
ciUa or military, under the United States. or
Wnder any State, who, having previously taken
an oath as a member of Congress, or as an of
fcer Of the United States, or as a member of
any State Legislature, or as an executive or
judicial officer Of any State. to support the Con-
stitution Of the United States, shall have en-
gagged 10 Instruction or rebellion against the
same, or given aid or comfort to the enemies
thereof. But Congress may, by a vote Of two
thirds OF each House, remove such disability.
This language is very broad. and com prehends
every ''oficer, civil and military, 'u8der the
State" and while it provides no pains or
penalties for its violations it is nevertheless abso-
lutely and unqualifedly prohibitory in plain and
specific terms.
No person can legally execute the functions OF
any office under the State Who IS declared
by those terms The case of an officer lawfully
executing the duties of his Office at the time of
the official PRONUNCIATION Of the ratification Of
the 18th article ofthe Constitution Of the Uni
ted States is materially different from one elect
ed or appointed since that date. The acts of
the former might possibly be upheld as legal,
while there is little doubt that the acts of the
latter would be absolutely void. IF the provi-
sions above quoted from the act admitting the
State to representation in Congress apply to
the future as well as to the first thirty days
succeeding the passage Of the act, then record
evidence Of the qualification Of every officer In
the State win be kept in the Office Of the Secre-
tary Of the Commonwealth, and the right Of
any officer to exercise the functions of his office
can be readily authenticated; bat how will it be
if the act ceases to operate after the prescribed
thirty days shall have exuired? As the law will
then stand, how will it be known that any or
all the officers in the State thereafter elected or
appointed are legally qualified, or that they are
officers at all? Are lot the dangers to the Sc
curity Of property rights, and the peace and
good order Of society, too great, and the posi-
Die consequences Of uch condition of affairs
too alarming, to justify any delay in the final
and authoritative settlement of these questions.
1t appears to me that the General Assembly not
only has the power to definitely settle all these
difficulties, bat that it is its duty to promptly
exercise that power. BY enacting q law pro-
viding that every person elected or appointed
to Office under the State, before entering upon
the discharge of his official duties, and every
person now in Office, shall not only take and
subscribe the oath OF Office prescribed By the
Constitution, but also an oath Of citizenship and
anti-dueling oath, together with an oath that
he is not disqualified from holding Office by the
Constitutional the United States, the same to
be fled and preserved in the Office ofthe Secre
tary Of the Commonwealth, the General Assem-
bly, will definitely and authoritatively settle all
doubts and uncertainties which now exist and
provide proper and necessary safeguards for the
future. .sf -o1
[ am painfully aware Of the fact that in many
cases the enforcement of these views may ope-
rate to the serious detriment not only OF worthy
citizens, but of the public service but the Con
stitution Of the United States is the Supreme
law of the land. and must and will be obeyed
1t is more than probable that in many cases it
it will be found impossible to suitably and salts
factoriy Eli the various offices by competent
men who are not disqualified from holding Of
fee by the Federal Constitution. But my views
upon this subject have already been placed be-
fore you: and | have yet to see any reason for
changing or modifying them in any respect. In
former message | made use Of the folloging
language: Without intending any dsrespect
to the fundamental law of the land or to the
constituted authorities, it appears to me that
you not only ought to have the right to the
widest range Of selection for these exalted judi
cial) positions, but that you ought to exercise
that right. 1t is solemn duty which you owe
to yourselves and to your constituents, to the
country and to posterity, to select our ATTEST,
'purest, and best men, and if ia the fufment Of
that duty your choice should fall upon any who
are disqualified by the third clause of the four
teenth article Of the Constitution Of the United
States | would recommend the passage BY your
honorable bodies of a resolution requesting Con-
gress to remove such disqualification | am
satisfied that such a resolution would receive
the prompt and favorable consideration and &C
ton Of Congress"
The course which you were thus recommend
ed to pursue was sanctioned by precedent il
the case of the Governor and other State officers
in North Carolina, and will doubtless be Tesanc-,
toned in few days in some cases In Mississip-
pi. suppose it to be the purpose and desire
Of all to reconstitute the government Of the State
with the very best material it contains, and if
in the fulflmeut of this very just and patriotic
purpose and desire it should become necessary
for you to memorialize Congress to remove the
political disabilities from any Of your OF the
peoples appointees, ietit be done promptly and
unhesitaingly, confident that the same fayors
which have been melted out to other States will
be promptly vouchsafed to you. Already you
have very properly asked Congress TO remove
the political disabilities from all our people;
and was that act any more necessary or proper
than to ask like action In the individual cases,
if any there should be, of persons whom you
found it absolutely necessary to elect to Office to
properly fill the same, especially in view of the
fact that no such person could enter upon the
discharge Of the duties Of his office until his
political disabilities had been removed by Con
gress? | earnestly hope that Congress will re-
spond to your respectful request by an act of
general amnesty, but its failure to do so well not
iustifv the conclusion that the door is closed To