Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1871-12-02
MR.. FAULKNER.
Eligibility to a Seat in the Converts,


The editor Of the Parkersburg State Journal
who is understood to be the late Gov. Steven
son, Of this State, is again reviviug the ques-
ton Of Mr.. Faulkner's eligibility to a seat in
the Convention. This subject was started by
the editor Of the Berkeley Ji,ien during the
canvass, but after a very brief discussion he
abandoned his positions, and surrendered the
point It is difficult to see what laudable mo-
tive can prompt the Ex-Governor again to re-
agitate this question. Such conduct seems to
spring from the desperation Of disappointed
faction, and eYinces an obstinate adherence to
that principle Of prescription which admitted
ly has been the ruin of the radical party in
this State. The late Governor should be supe-
rior to such Indications Of bad temper and gan
creme feeling
We cannot better illustrate the total absence
Of any ground of objection to the return Of this
gentleman TO the Convention shan by citing
few paragraphs from the argument under
which the editor of the Berkeley CHioR sue
cumbed during the canvass The extract
which we give from the NartiRs6uy Era is as
follows:
CAS- vile as the l4th Amendment is, and as in
famous as is the Enforcement Law Of Congress.
neither Of them have any bearing upon the pend
ing election Of Delegates % q Convention. Accord
ing % the well established doctrine and numer-
ousy settled preeedents, delegate 10 a State Con-
rcutisH is not an officer OF the State Government.
lie possesses no executive, judicial or legislative
power. None OF his functions are prescribed BY
the organic law which creates the State Gorcri-
neHt. Whilst the Convention is 10 session the
State Government continues in all its integrity
discharging IT. functions through its authorized
officers. lie is not deemed even Dresenf0fire Of
the people; his proper designation IS that of Dele
gate sent by the people % a general Committee Of
Delegates % propose form Of government 20 be
submitted 70 the people tor their adoption or re-
lection. He has 20 power OF control over the life,
liberty, person or property Of his fellow citizens
and be is wholly without authority except % re-
commend certain action 10 the people. As Judge
Jameson saws, " In relation % persons who shall
be eligible delegates O. a Convention, those in
struments are commonly silent From this fact
the inference is drawn that in the absence Of spe
eife qualifications, il was intended that the cleo
tors should exercise perfect freedom Of choice and
that il would be competent for them 10 depute as
their delegates minors or females or citizens of
other States" So Judge Hinton SAYS, " Dele
gates 20 Convention NAV be individuals from
anv class, including ministers Of religion the Co
vernon and other public functionaries and the
Judges, persons, by many OF our Constitutions OK
ciuded from occupying seats IN our General Assem-
blies or from holding any other places Of honor
or profit" In the Pennsylvania Convention OF
1887 IL was broadly announced, with the concur
renee ofthe entire body, that a. the function Of
Convention is 20 recommend, not % enact, Con-
sttuGonal changes, free scope should be allowed
the electors 90 employ the best talent they can ind
wholly rifi0Hf restriction. The same principle
was acted upon in the Illinois Convention Of ls62
In the Virginia Convention of 1850 elections we're
made from every part Of the State, rifiouf regard
10 hcir rcFideHce; aud DC embraced among It's
members the Governor ofShc State, Judges oi the
Court Of Appeals and Cireuit Cosrt. members of
Congress and OF thc Legislature. ministers of the
Gospel aud The Chiei Justice of thc United States.
Ia reference then % a delegate 70 ~ Concession
The question NAV be- considered settled but Il Is
even matter oi grave doubt whether member OF
a Sfafs Leqisiafurei b. en8ccr within the meaning
Of the IAN Amendment The ablcst LAWYERS IN
the country hold that he Is not. We ind that the
Tab section Of thc Enforcement Law OF Congress
cxoepls members OF the State Legislature from
thusc proceedings of ESQ uarroHfo which are au-
thorired against oficers Of the State Government
uboaccept ofIce IN violation uf the provisions Of
the llth Amendment The Senate Of the United
states in the case OF William Blount Senator Of
the United States from the Stale Of Tennessee,
who was iupcachcd in July 1884, solemnly deci-
dcd after the most elaborate argumeut, that mem
Der Of Congress was not an etbcer ii the United
states Government, and not being an officer be
could not be impcached, and although guilty Of all
The charges preferred against him, the Court Of
lmpeachment, fer fAaf Feasoa aioae disuiissed the
iapsaehmeaf, and the Senate contentcd itself b.
cxpelling him from that body.
The sane reasoning which for centuries has held
that member Of Parliament Is not an officer ol
,be British Government, and which IN the case Of
VIM Blount, has decided IN this country that a
member Of Congress Is not an officer Of The United
States Coyernment. mast decide, Whenever Ibe
question L. raised that a member 81 the Lfgisla- 1
tnrc 4 not an ofleer Of the STATE Gorcrnmlnt and
therefore not uithin he operation Of the lith
AmeDdment
story, IN his commentaries. distinctly asserts
hat he fern e5irer applies exclusively % those /
exercising portaons q he kEeeafFu and Jadieial
1.-The edilorof DE Bsstssy Uaios keliered for
one momsut thai he cunId uake his Pfoterlpfire
objections available aeeirsi any 0fonr candidates.
FOR the cnnrcnfihn, hs ron9 ~ 20 rilbcnt besifn-
lion. nnlrzs he kthiopian has chpnged biz skin
and the Leopard hls spot, and fhess are pot re i
DAYS Of nifacirt We hen bur de1ancc b him
,,',n he suteri of fte lnf ~ oNr canaldates
n. invite han 81 eal upon District Aitorntt Coz,
"a have them orrcsffd II he can, under he En-
AZ, rrtaenf iau Vi Congress, sud sent q Federal
..~,.... Nntb j virtually Biz threat let hin
..r,e.ed 10 txcrate "a ilHili not Be lae art Zine
dat one u li<e eandid4tes nts qnin.ay sna ne
~,l, ,n0ertd fpfi osusaf "a lle hands ~ naughty
IN ,,1o.crirtitt power. Il. the nsli hvpnas q