The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-12-11
GIraGttettiQeneer.
The Eligibility Question, as It Affects
Members of the Convention and


Legislature.
For the IntellIgencsr.
MRssRs EDIToRs The Third section o
the 18th Article oil the Federal COnslitu
ton reads as follows:
mo person shall be Senator or Rep
resenLatiVe in Congress or electOr fol
President and Vice-President, or hold any
office, civil or military, under the United
States, or under any State, who, having
previously taken an oath, as u member o.
Congress oras an officer of the United
States, or as y member Olany State Legs.
htlrc, or ~ an executive or judicial OIL.
Ger OF any State, to support the Constitu.
ton OF they United States, shall have en-.
gagged in instruction or rebellion against
the same, or given aid or comfort to tho
enemies thereof But Congress may by a
vote oftwo.thlrds thereof remove such
disability 3ses5 = 6ll.s' 8Fl .
1t is asserted that several gentlemen,
who have been elected to the Constitu.
tiOnal Convention, and also to our State
Legislature, arc disqualified from serving
in those bodies by tho above copied sec.
ton Of the Federal Constitution
1t Is so far rs We are informed, conceded
on all sides, that their right TO seats in
those bodies, will depend upon the con.
struction which is to be given to the place
OtmCmber OF tho Legislature, or COnvGn.
ton. And the question, TO DO considered,
Is It an Officer II is not IN Office, then
this ID section Of the l4th Article of the
Federal Constitution, will not be in tho
way of any member Of either bOdy-all
will take their seats. But II held other.
wise, several members OF each body will
have ITO stay out IN the cold" till Congress
grants them amnesty.
The editors of the Register have decided
that as such Mey are ROtCDIcerS, and, there.
fore are moi disqualified. AS to the place Of
amember OfOur State Legislature being an
Cdce, the Constitution, article 4, and sec.
ton ., which reads "The term gfobice of
Senators shall be two years, and that Of
Delegates ono year." would seem 10 settle
the question as TO a member of the Legis.
lature, and when we add to II the force Of
the l7th section Of the same article, which
reads, "lfR Senator or Delegate remove
from tho district or county for which he
was chosen, his office shall be thereby va.
Gated" we do not think there should be
longer any question Us to q member Of the
legislature. The Constitution of this State
makes his place an CDice A removal
from the county or district for which he
was chosen vaCatcs his CBicG" What
OllCeY There is but one answer, and that
is, the office Of Senator or Delegate. But
how rs 10 member Of the Convention
Is his place an C6lcep We think II Is.
Like member OF the Legislature, lie Is
the representative or agent of the people
who elects him. His qualifications, duties
and compensation are prescribed by law.
Both, we apprehend, are required by the
9Th section Of the 3D. article Of the State
Constitution 10 take an oath to support
the Constitution Of the United States, and
the Constitution OF this State,I before
entering upon their duties, and both 70
ccvC the Same compensation. Both arc
delegated by their respective constituencies
to speak and act for Hnd on their behalf
The one, 1t Is true, In an ordinary leglsla'
tive capacity, tho other in primary
sovereign character, and the real differ
cnce between them would seem toconSist
in the dignity and character Of the place,
or Office to be filled. The power Of legls.
hiion in England, where they have no
written constitution, Is sNld to DO the
highest authority man can bestOw upon
his fellow man But we apprehendi II Is |
not so in this country, and that the hight
cst trust or office free people can confer
upon aIellow citizen, Is to make for them q
written constitution which prcscrbes TO
the Legislature the law Of Its action and
the orbit In which alone II can rightlully
move. The fifth section Of the third Nrli.
clio OI the State Constitution provides that
Every person elected or appointed tol
any Office or HUSt, civil or military, shall,
before proceeding to exercise the authOrl'
" or discharge the duties Of tho same,
make oath or affirmation that lie will sup.
port the Constitution oil the United States
and the Constitution Of this State"
We take II that every member Of the
Convention and every officer elected by
That body will be required TO take these
Oaths lJeiOre entering upon the discharge
Of their respective duties. Should such
he the INDICTMENT of the Convention, can
il longer be claimed that the place Of dele.
gate 10 tho Convention Is not an office !
From the written letter Of our State Con:
slitution we lcduCc that both the place OF
member ofthc Legislature aud Con-
vcntlOn Is an office, and that such persons
who have been elected TO either body, |
who during tho wAr placed themselves
within The operation OF the 14lh article |
Of the Federal Constitution, and have not
been amnested, will, upon taking their
seats in either Of these bodies as mem.
hers, subject themselves 10 the pains and
penalties Of the act Of Congress enforcing
said 14th article.
OJiter dicttan. Mr. Benjamin Watkins
Leigh one Of the brightest intellects and
ablcst lawyers Of his day, declared upon
the floor Of the Virginia Convention OF
1920 30, in the presence Of one OF tue
most distinguished and august bodies that
ever assembled In America, In which was
Chief Justice Marshall and MIR. Madison,
md Who II seems, gave their tacit assent
that "a Mace OF member OF Congress was
held to be an QGiec under tho general gov
eminent, according 10 the present inter:
probation Of the Stale, and had been 80 httd
1t all hmes." We know Of no decision Of
this question differing with Mr.. Leigh,
save and except the Ragister, and with.
out prejudicing the question by any opln'
ion Of ours, We leave your readers 70 Judge
the case by tile weight Of authority thus
presented. lGNoRAMus,
December o, 1871. ..rI
lT IL n singular fact, II proved Ia. be one,
That California Is visited by u flood every