The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1871-08-03
THE NEXT LEGISLATURE.

should not come before the proposed Con ven
ton of the Conservative party of Virginia
on the Both inst we deem it proper to direct
attention to one suggestion which has been
brought forward by the Richmond Vh'g
and that is. the admissahility of persons dis
abled by the fourteenth amendment of the
Federal Constitution, to the Legislature of
the State.
We are clearly of the opinion that persons
obnoxious to the fourteenth amendment can
not hold the 'soffice" of Legislator. That
amendment provides that mo person shall be
a senator or representative in Congress, or
elector of president, and vice president, or
hold any Office, civil OF military, under the
United States, or under any State, who hav-
ing previously taken an oath as a member of
Congress- or as an officer of the United States
or as member of any State Legislature, or
as an executive or judicial officer Of any
State, to support the Constitution of the Uni
ted States, shall have engaged in insur-
rection Or rebellion against the same or
given aid and comfort to the enemies
thereof; but Congress may, by vote Of two
thirds of each house, remove such disability
It is held by some that the position of legis-
lator is not an coffee" but place Of trust.
This we regard as dangerous fallacy. The
Constitution of the State, and the enactments
of the Legislature, prescribing the duties,
tenure of "ofice," and the powers Of the
members of the Legislative body, expressly
recognize it as an s.office" In the general
election law, approved May II, 1870, in the
eleventh paragraph thereof, the words, "Sen-
ators in the general assembly, to succeed
those whose term of "odire," &C., are used.
uncquivocally designating the position an
alice.
While it is a matter Of re~ret that the Of
flee of member of either house of the gen
eral assembly is not open to all our citizens,
yet the dictates of prudence aud selfdefence
imperatively demand Of us to deal with the
question in the frankest manner, and to avoid
ali strained constructions of the law. Per-
sonal inclination must be subordinated to pub
lie duty: however dstastefu and harsh that
duty may appear. The Conservative party
will have severe struggle to secure ma
j9rity of the next Legislature. There should
be ne looseness or trusting to chance, tocra-
ted on a question involving such important
results, especially when it is so clearly in ou,
power to avoid it. 1t should be kept promi-
ncutly in view, that we are not free from the
Jealous scrutiny Of hostile Congress end
federal administration, and that any trans
erosion of the letter Of the fundamental
law, which we aided in enacting will be avail
ed of to thwart the popular viii and consign
the State to the fatal embrace of I!adicalism.
1t would be unauestionaby within the pnr-
view of Congress to Interfere with the organ
cation of any State Legislature, whose mem
bcrs we're elected in violation of the prescrib-
ed conditions Of qualification Of the Federal
Constitution. The Constitution and laws of
the State expressly recognize the position of
a member of the Legislature as an "ofice .
The Federal Constitution, with great direct
ness, declares that no person shall ''hol nny
alice, civil or miitary.,' under "auy State
government, who previously having taken
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 judicial officer of any State to support the
Constitution of the United States, shall have
engaged in instruction or rebellion against
the same, or given aid and comfort to the
enemies thereof unless the disability shall
have been removed by Congress in the legal
ly prescribed manner.
The next Legislature Of Virginia will be
an important one. 10 permit it to pass from
the control of the solid, tax-paying people Of
the State, as represented by the Conservative
cial ruin and political putanism that would
shock the moral sentiment Of mankind. We
have only to refer to the condition Of less
fortunate Southern States, which have fallen
under the control Of tho Radical party, to
catch glimpse of what our memorable des-
tiny will be, if, by trusting to contingencies,
nursing doubts, and throwing our cause upon
the decision of chance, We finally succeed in
fastening upon Virginia the rule of Radical
ism The Congressional Districts will be ad
justed in the interest of that party-our coun
ty judiciary will fall under its baleful power
tho Treasury of the State will be robbed
of its coffers-the substance of the people
squandered for party and personal ends-our
credit ruined, and our material progress ut
terly AMI irretricvably paralyzed aud destroy
ed
To our mind, therefore, it is the first and
imperative duty of the Conservative party Of
the State, to see that no blunder is commit
ted, as regards the qualifications of the per-
sons seeking the o3ice of Legislator Moth.
ing should be left to chance. We should
first be sure Of being right, and then we may
go ahead.
We do not agree with the Wig that the
Convention proposed to be held on the Both
: can decide this question Of eligibility. They
have no power over it, It will not be a judi
: cia body, but merely an assemblase OF men
from different parts Of the State, whose opln.
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