Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1871-10-14
The Question of eligibility.


One Of the candidates for the Legislature
was magistrate before the war and it is said
he is thus disqualified, ineligible, under the 81
Section OF the IVX Amendment. At this juno
ture Of our political affairs this question is
matter Of general interest.
The section reads thus:
" No person shall be Senator or a Representa-
tive in Congress or elect0r for President and vice
President or hold any oiee civil or military, IN
der the United States, OF under any state, who
having previously taken an oath as member OF
CONGRESS. or as an officer Of the United States, or
as a member Of any State Legislature, or as an
executive or judicial officer OF any State, TO sup
port the Constitution Of the United States, shall
have engaged in instruction or rebellion against
the same or given aid or comfort to the enemies
thereof. But Congress may by a vote Of twO-ihird;
Of each Hous remove such disability"
The law speaks Of members of Congress
Members Of Legislatures, Officers Of the U. s,
Officers Of the States, executive or judicial
Here is a. plain. palpable distinction between
LeRslaiors State or Federal aud Officers
State or FeIeraD. The wori officer is used
when speaking o. the class not legislators, and
for the reason that they are different persons.
The legislator is the maker Of the law, the OIL
Ger acts Usfr the law and carries it into exc
cution.
The amendment excludes from executive and
judicial functions under the State certain class
of persons, but there are three branches Of gov
crunent. each separate and distinct the dam
ccrous class are excluded from two, the Execu-
tive and Judicial but they are not shut out
from the legslative-the law-making depart
meut Of the States.
A legislative body, in the nature Of things,
must be the Judge Of the qualifications OF It's
own members. and though the legislature be
tainted with rebellion yet if the Executive aud
Judicial departments are true and loyal the
spirit Of federal legislation since the War will
be enforced throughout the Country-such, evil
IDENTITY was the theory that dictated this amend
ment and since within the perview OF It's Ian
graee a legislator Is not an officer, a fortiOri
the membership Of the legislature is not an
office, and by this law no one is excluded from
the Assembly or Convention.
In order there may be no doubt upon this
subject we analyze yet more succinctly the law
in question.
No person shall be a senator, &c, or hold any
/ Office under the L. 5. or State who engaged
in rebellion after he had taken an oath, To Srp-
port the Constitution, as a member Of Congress
or Legislature, or as an officer, executive OF
judicial.
A certain class Of persons are excluded from
certain places The first class (personsl are
members Of Congress and Legislatures, Offices
/ of the H. S, or State. who after taking the
oath engaged in rebellion. All such are eX-
cludel from Cougr>ss, the Electoral College
and from every af'icc unler the U. s. or State
\ confederate soldier who was 4 Magistrate
or a Post Mister before the war cannot hold
any office, even that of County surveyor OF
sub-Eeutenancy in the Army, but he is esi-
/ bic. so far as this law is concerned to the As
/ sembly.
We are surprised there has been any misap-
prehension in regard to this matter.
SELMA"