The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-11-28

/ sU'Sco uo ttiC Nhti VI tWO Years. III tlpSt
and other passages of the State constitution
that instrument thus expressly declares 9
Senator and member of the House of De-.
egates OF the State to be officers Of tho
State.
have no difficulty, therefore, in answer
ing your lnterrogatory in regard to the eli
giblllty of Mr.. A. A. Gray, assuming, as |
do, that he was appointed commissioner
| in chancery before the secession of the
State on 18th April, 1861. 1t is my opin-
ion that, under the 3D. clause of the 18th
amendment of the constitution of the Uni
ted States he is not eligible to sit as a MEM
Der of the House of Delegates of Virginia.
But it is to be remembered that there is
no provision of the law by which menu
Der of State Legislature can be prevented
by the legal officers of the United States
from taking his seat in the body to which
he has been elected. Ordinary officers of
the State, who take Office while laboring
under disabilities, may be removed by pro-
ceedings in the national courts. The act of
Congress of 3lst May, 1870, known as the
Enforcement Act, in its fourteenth section
makes it the duty of United States attor-
MES to proceed by writ of quo ,caa7aafo
against such persons, other than legislators,
and to oust them from office. But this
section excepts from the officers so required
to be removed, members of Congress and
OF State Legislatures. 1t treats them,
however, as officers.
The fifteenth section of the Enforcement
Act, on the other hand, does not except
this class of men from liability to adict-
n'ent. 1t subjects to indictment all officers,
including State legislators and national
congressman, holding office in violation of
the third clause of the fourteenth amend
ment; and it prescrbes as the penalty for
violating this clause, imprisonment for not
more than one year, or fine not exceeding
one thousand dollars, or both, at the dis
cretion of the court. The attornies of the
United States are, therefore, reqat Ell to
prosecate in all such cases upon proper in
formation before grand juries or commits
sioners. h1 Lff
will add the expression OF an earnest
hope, that members elect to the Lerisla-
ture, who are laboring under disabilities.
Will not take their seats until some effort |
shall have been made for the removal of
Their disabilities. am glad to see it stated |
that our Senators will promptly introduce |
into Congress bill for that purpose on the |
assembling of that body. For one. | |
would be rejoiced by the early passage of a
bill of general amnesty because | do not
see why any Of us, who took part in the
Confederacy, should be preferred over 9TH
ers; and because class legislation is always
nvidious and odious.
Until the removal of the disabilities of
hose who lie under them, however, we
must enforce the law as it IS. 1t is yery
serious thing for any citizen-certainly for
my legislator-to set at defiance the con-
'titution and laws of our country. And
he case here is the more aggravated be-
'ause these Iegislators-elect have not only
ssumed themselves to trample down the
National Constitution, but have called upon
he good and well-meaning people in many
u the counties and districts Of our Common
wealth to aid and abet them insthis defiance
VI the solemn and sacred law.
Who will contend that it is not better
hat our country should be governed by the
nacted law rather than by the popular pas
ion and caprice
will not believe that either branch of
'ur Legislature will seat members claiming
o sit in violation Of the supreme law of the
and. Whatever else may be said of our
state, none can deny to her the well earned
eputaton of loyal and profound respect
nd obedience to the constitution and laws
# our great country.
am, most sincerely and respectfully.
Your obedient servant,
RO IIrGuEg