Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1871-05-16
Spettator.
I5EeSdOy. M0U rs. 1871.
Eligibility to Office.

4ASAUAAa1J w OAASO
As the season for selecting candidates for
public positions approaches, the attention of
the public is called through the press to the
merits of a large number of estimable gentle
men, without reference to the question, wheth-
er they are eligible or not.
It is matter of great Importance that no
mistakes should be made on this point 1t is
important to the public, that the offices should
not be kept vacant by electing ineligible par
ties; and it is important to candidates that
they should not subject themselves to penalties,
by taking offices, which they are constitution
ally incompetent to hold.
An idea seems to prevail that persons dis
qualified by the 18th amendment are eligible to
the Legislature the judiciary commit
tee of the Senate so reported. We wish it was
so, but we fear it is not and that reference was
not had to the Act of Congress admitting Viz
ginia.
That Act, approved January Goth, 1870, con-
tains some provisions worthy of attention.
They are as follows:
''Be it enacted by the Senate and House
of Representatives of the United States OF
America in Congress assembled, That the said
State Of Virginia is entitled to representation
in the Congress of the United States: Proui-
ded, That before any member of the legisla-
lature of said State shall take or resume his
seat or any officer Of said State shall enter up
on the duties of his office, he shall take, and
subscribe, and file in the Office of the Secreta-
ry of State of Virginia, for permanent preser-
walton, an oath in the form following: Il -
-, do solemnty swear that [ have never ia
ken an oath as member Of Congress, or as an
officer of the United States, or as member of
any State legislature, or as an executive or jul
dicial officer of any State, to support the Con-
stitution of the United States, and afterward
engaged In instruction or rebellion against the
same, or given aid or comfort to the enemies
thereof, so help me God" or such person
shall In like manner take, subscribe and file
the following oath: Il, --, do solemn
~ swear that I have, by act of Congress Of the
United States, been relieved from the disablll-
ties imposed upon me By the fourteenth amend
ment of the Constitution of the United States,
so help me God :" which oaths shall be taken
before and certified by any officer lawfully au-
thorized to administer oaths. And any person
who shall knowingly swear falsely in taking
either Of such oaths shall be deemed guilty OF
perjury, and shall be punished therefor by i'm
prisonment not less than one year, and not
less than one thousand dollars, and not more
than ten thousand dollars And in all trials
for any violation of this act the certificate OF
the taking of either of said oaths, with proof
of the signature Of the party accused, shall be
taken and held as conclusive evidence that
such oath was regularly and lawfully admins
tered by competent authority.
These provisions are pretty stringent, and In
our opinion render it clear that it would not
be safe for the people to elect any man liable
to the disabilities imposed by the 18th amend
ment, and we certainly would not advise any
gentleman thus disqualified, to run the risk OF
mourning the heavy penalties imposed by the
law.
Some gentlemen contend that the act refers
only to the Legislature then IN existence. But
we think that construction is rather too mar
row, and is opposed to what seems to have
been the policy of the law.
For our own part We think it best to keep
out of difficulties when we can. Better err on
the safe side