The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-12-05
|, rorHrEENTH AMIN DMENT.


{ -, Of the entire document.
rorrrEENrH AMIN DMENT.
- c,pr,eenth Amendment Of the
q : Constitution, containing as it
III, Imitation OF the power previous
= .,rtd by the States, must be con-
9d .,;c,ly and given no latitude
T. ,ba, contained in its literal
- Hence tie Iats!ligcncsrs argu-
A7 i show that rebels ought to be
a4 'i from seats in the Legislature
= e, Constitutional Convention has
: r,,ia alton 10 the case. The ques-
y No, what the l4th Amendment
g +.pio. but what it actually does.
7njrtrine that a member Of Con-
r. : .pp, a. officer within the mean
q that term as used in the Federal
eaton is so well settled as to
10. no denial. 1t was solemnly
"a III in 1877, BY the Senate OF the
81 ri States, alter elaborate argu-
n q, ID the case OF JAMES BLoUNT, a
" gr rom Tennessee, that a Senator
&sn officer and could not be re-
4ritywocess OF Impeachment. And
II .ii Amendment itself, by its own
u ,ecognizes the long established
l.wi5u between legislators of the
= ai safes or of a State and officers
y !. l'0ilei States or Of a State. Per-
: = .sirr the disabilities imposed by
J. lueniment are excluded from be-
'g members OF Congress and from
!. officers OF the United States or
IL. o. a State, but it is nowhere said
! Einsy shall not be members OF the
6 n legislature.
.lt'e are some clauses in the recon-
y E&ei Constitution OF the Common
: an Of Virginia that seem to speak
= InsUbsr oil the General Assembly
Z ID Cf1er OF that State, and it is
{ u these expressions in the local Con-
s'-.a that Colonel HUGHEs, U. S.
%5sy for the Richmond district,
~ i1e opinion to which the MtelH-
!a"'4vE:. The Constitution OF West
f!;l, however, makes the same
~':ion between legislators and Off
h~G 5 made in that of the United
- Ii expressly excludes an officer
-'>a;e Orof the United States from
Ing member OF the Legislature,
F.'ldes that certain persons shall
SsDg Die to the Legislature or to
~ oI honor, trust, or profit 1t
N''''T requires no lawyer TO deter
%aaI the Constitution of this State
'o' recognize a legislator as an
~ nor doe, it require any great
'"''o oi legal aCumen to show that
4''a disabled from holding office is
hereby debarred from being a
-'soi the State Legislature.
regards the persons chosen to
members Of a Constitutional
/ T-"'n' no person not COM
E o'.ndrd by the spirit of proscrip-
X IL
~" nave the temerity TO assert
-'! are in any sense officers OF
'4s or subject to the disabilities
'N oy the l4ih Amendment. A
%@at'OOaI Convention is merely an
' Body; merely a committee
/ ' 10 frame and propose Ior
,''u Tue Constitution OF a State. 1t
power 10 put that Constitution
IL merely recommends; and the
:, a1oP' Or reject the recommends
'hey prefer. To contend
-. ~SAoers OF such a Con-
y. ~ are officers OF the
VI that persons excluded
~, holding Office are thereby ex-
,s... ron Offering advice or making
u. a''on to the people Of the
S,,, 70 contend for such a palpable
! as to merit no consideration
w. No member of the Consti.
VI Convention of West Virginia
s,,. 'N to beg the favor Of a Radical
$rrs' '' 0e'ore assuming his seat in
1'e1t'on and entering upon the
b.T bss Of his duties. 1t is doubtful
.st. congress would relieve these
u. :, u lroln their disabilities if the,
" sssI sssPply. but it is quite certain thai
q 10 "" ~ 10 iavor from Radicals in or
y da,is. a,'y them for the discharge o.
Na ), = 70 which they have beer
The people Of this Stats.