The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-08-28
.,,e-...n c,.ssp II he i ctyil or

10 putH
cla sssrnd to between, Federal leeislato
r rsIenroI n1fieers. civil and military. Ii
'.o,'ld yiolale aft rules Of conetructton 10
.rnnose they meant Federal ieglslator.s
,yhen they used the words "civil and mill.
ary officers under the United States"
they did so mean, they are guilty OF need.
less tautology. The use Of words making
this plain distinction compels the cenciti-
don that. within the view OF this auiene !,
ment. member of Congress is NOT clvil
ar military officer under the United otates
INV more than an elector, who ~ 'Eameu9 az
he second class. The distinction " , pa,p
BILE, and cannot ne disregarded. 9Th IL this
.,ther people may gay or ihink AN nnts the
amendment, as a self-inteIphi a cisss of civil
Federal legislator out OF Inc o''''S -.
officers of the United states. o,son can be
NV NJ, tI,;s distinction No reason I I;aa.
WI! Sn nSennt that the legislator 10 u'ue.
'ssslsneu 800 from the civil olhcer hs
sht IN ia.ar he i not an officer. he Is raIt
oc The chief department OF Inc nosef t.ntna
,tsnir lie is not under the onlteu Slaves
,.,,I n member of It's great legislative olgah-
; nu, mart OF the supreme power OF the
E.ai,od states. without which it would,
.ease to he. The officer Is nainsStcr-he
ithe Ieeislator1 is maker of the law. Inc
.l,tficer is appointed and acts stader the iaW
Tho Legislator is the delegate Of that popular
viii which calls the law into existence, ana
,Iesirnaies the officers who are to execute IL
Nov the words descriptive OF State
offices. to which the disabled citizen must
not aspire, are the same precisely as lnoSe
used az TO Federal offices. II the "0rds
& civil officers under the United States. 40,
act include, but exclude, Federal legisla-
tors by the self-interpretation OF the I4en
amendment itself, can any rule Of con,IIuc-
tion Justify the inclusion OF State legislators
,ithin the words "civil officers under Inc
s,ntnSu Must not the same meaning be
,tt1rhcd TO the words when used as 10 staec
officers which the amendment requires 10
no attached TO them when used rs 10 fede-
raj officers? :.;.oh,,
that the fourteenth amendment does nov
disable anu one from being State leStsl1-
y Hut the argument is more conclusive,
from the fact that the disability is created
for membership OF Consress-the Federal
legislature and there is no mention OF Sacn
disability as to the State Legislature. why
the omission? 1t was designed, aud not
acknowledgements when describing those
who are disabled, members OF Congress
and members of State Legislature are
both mentioned. Why mention the latter
in describing the disabled, ana omit thein
when describing the posts for which tley
are disabled? Why mention the Federal
legislators in both cases, and the state leg
lsiators in the one case, and omit them III
the other?
can readily perceive two reasons at
least. which gave rise 10 this dlscrimlna-
ton. ,,
,li,de those whom it denounced rs rebels
from influence i'm all the Departments of
The Federal Government, and from The DIS
charge of executive and Judicial tutlcs I'M
,lcr the State government, but without re-
,.ricting the free choice of the laW-makni@
lcnartment of the State by the people.
rhe Judiciary and executive of the State
yoyid III was thoughD check adequately
INV rebeIious" tendency in the Legisla-
r,,re-and the Legislature could but made
mIately discharge It's functions If the people
we're restrained from electing the best and
wisest citizens to direct its legislation.
Second. Another reason might well have
80, :,.,, the anomaly or the utter impractica-
,l,,,s o. ,'| of idieial procedure to depose
m lem, for Oh b9dy or to pun
upon their election, according to any p.S
redent in the history of this or Of that
country from which we derive our inStitu-
tons.
The returns, elections, and qualifications
If members of legislative body must be
decided upon by it alone. This is essential
to it's freedom. TO permit any eXtraneous
power, especially any Federal depatt-
ment or officer, TO keep the doors of the
State Legislature; to admit or exclude its
members at will, OF to seize and try, fine,
and punish, or eXpcl some, and by license or
permission to leave others to remain. would
npctp altyI in ,,vlf
saxon history-woud SO completely de-
Ssroy every vestiec of local sell. government,
and leave such Il mere shadow of State
autonomy, "s THAT we dare not presume 80
uuye Uucn conceived bS Inc trainers oi iHr
fourteenth amendment. By such con-
struction as will give this effect 10 this
amendment, Tue lawnlakiug power Of every
State would lie but in office to register the
cdicts OF the Central Government the
State Legislatures become its supple and
willing repreSentatives--and popular rep
reseutation would be at an end.
Indeed, it is obvious, had it been INTENDED
TO effect this result, nothing woula nat !.
been easier than to have lnahileseeu IL
clearly by adding the words useu III tpc
former mart of the section In describing tue
PERSONS disabled-thus: "or be member
of State Legislature" Inc OMISSION OF
such words cannot be explained but by the
supDositlon that it was not designed to i'm
pair the freedom of election of members of
the State i.latures by the people.
For recurring to the rule Of construction
| laid down in q former part of this letter, it
may be asked, does this amendment pro-
hbit the election of the disabled classes TO
the State Legislature? Does il do SD in
terms Clearly not. If not, what rule Of
construction requires, Or even permits, the
extension Of these terms of prohibition TO
embrace case, which, if included. is
against every principle oil free government
in the States? May not go farther; and
saw that the spirit of the Constitution and
it's letter demand that we lean against such
construction as will include within the
harsh operation of This amendment the
| case of the lawmakers Of the States, who
are. with obvious design, not included in
| its terms?
The construction thus given to the 18th
| amendment is accordaut with other provi-
| sions OF the Constitution.
The distinction between a civil officer,
State or Federal, and Stale or Federal le-
giSlator, is everywhere made in the Federal
Constitution.
In Art. /, SC. c. ., it is provided that " no
person holding any Office under the United
States shall be member of either House
| during his continuance in Office" II, as Il
member OF either House, he be an officer of
the United States, what is the meaning of
this clause? 1t has none, except on the
ground that member OF Congress is not a
person holding an Office under the United
States. .-....-.-
Art. 2, 81, e.: "No Senator or Repre-
sentative, or person holding an office OF
trust or profit under the United States,
shall be appointed an elector." Here the
distinction is clearly made again.
So in Art. 6, chaps, the same distinction
is nude in requiring an oath to support the
i ifi1ii If ID