The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-02-24

II
s s,,as tt ought not to be left longer in un'
sorta;ntv If. certainty can be reached. Ihe
Oh section OF the 18th article of the Constr
! +n+ion of the United States is as follows-
| viz: ,..r -, Ink sena.
tor or representative in Congress, OF elsc.1i
Of President and Vice President, or nUtu
anu office, ciuil or military, under !ne
United States, or under any otdse' WIN
having previously taken IN oath as me ~ !.
| Der of Congress, or % an Somcer Oh w
United States, or as o member OF any Sta'.
Lepislature, or as m executive or Judlcla'
officer of any State, to support the Constr
tution of the United States, shall have en-.
cared in insurrection or rebellion sgains'
the same, or given aid or comfort to the en-
emies thereof. But Congress may, BY Q
vote Of two-thirds Of each House, remove
such disability" This language is very
broad. and comprehends every officer
civil and military" "under the State "
and while it provides no pains or penalties
for its violation, it is nevertheless abso.
lutely and unqualifedly prohibitory in
plain and specific terms. - ~"
No person can legally execute the tlnc-
tons of any office "under the State " aoho
is debarred BY those terms. The case Of
an officer lawfully executing the duties OF
his Office at the time of the official promul-
CATION of the ratification of the 18th article
of the Constitution of the United States is
materially different from one elected OF ap-
pointed since that date. The acts of the
former might possibly be upheld as legal,
while there ia little doubt that the acts Of
the latter would be absolutely void. II the
provisions above quoted from the act ad-
hitting the State to representation in Con-
gress apply to the future as well as to the
first thirty days succeeding the passage OF
the act, then record evidence Of the qualih-
cation of every officer in the State will be
kept in the Office Of the Secretary OF the
Commonwealth, and the right Of any officer
to exercise the functions Of his Office can
be readily authenticated but how will 1t be
If the act ceases to operate after the pre-
scribed thirty days shall have expired 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 not the dangers to
the security Of property rights, and the
peace and good order of society, too great,
and the possible consequences Of such q
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, but that it ia its duty to promptly
exercise thst power. BY enacting law
providing that every person elected or ap-
pointed to Office under the State, before en-
tering upon the discharge of his official du-
| ties, 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 citizenshipand an anti-duel-
ling oath, together with an oath that he is
not disqualified from holding Office by the
Constitution Of the United States, the
same to be filed and preserved in the
Office of the Secretary of the Common
wealth, the General Assembly will def
nitely and authoritatively settle all doubts
and uncertainties which now exist and pro-
vide proper and necessary safeguards Tor
the future.
am painfully aware of the fact that in
many cases the enforcement of these views
NAV operate to the serious detriment not
only of worthy citizens, hut of the public
service; but the Constitution 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 will be found
impossible to suitably and satisfactorily fill
the various Offices by competent men who are
not disqualified from holding Office by the
Federal Constitution. But my views upon
this subject have already been placed before
YOU, and l have yet to see any reason
for changing or modifying them in any
respect. In former message l made
use of the following language: "With-
out intending any disrespect to the funda'
mental law Of the land or to the consti-
tuted authorities, it appears to me that you
not only ought to have the right to the
widest range of selection for these exalted
(iudicial) 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 poste-
rity, to select our ableSt, pureSt, and best
men, and if in the fulflment 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, I would recommend the pas
sage by your honorable bodies of resolu-
ton respectfully requesting Congress to re.
move such disqualification. ON satisfied
that such q resolution would receive the
prompt and favorable consideration and
action of Congress"
The course which you were thus recon-
| mended to pursue was sanctioned by prece
dent in the case of the Governor and Other
State officers in North Carolina, and vii
doubtless be resanctioned in few days in
some cases in Mississippi. l suppose it t.
be the purpose and desire of all to recon
stitute the government of the State will
the very best material it contains, and if il
the fulflment of this very just and pa
triotic purpose and desire it should become
necessary for you to memorabilia Con
gress to remove the political disabilitie
from any of your or the peoples ap
pointees, let it be done promptly ant
unhesitatingly, confident that the sam
fayors which have been melted out to othe
States will be promptly vouehsafed to you
Already you have very properly asked Con
gress to remove the political disabilitie
from all our people and was that act an,
more necessary or proper than to ask lik
action in the individual cases, if any Their
should be, of persons whom you found i
absolutely necessary to elect to Office to pro
perly fill the same, especially in view o
the fact that no such person could ente
upon the discharge of the duties of hi
Office until his political disabilities ha
been removed by Congress? L earnestl
hope that Congress will respond to your re
spectful request by an act of general am
nesty, but it's failure to do so will not justif
the conclusion that the door is closed to in
dividual applications for relief in case
sanctioned by the approval Of your honoro
| - hodiaa fnri bo re