The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-08-28

Does the Fourteenth Amendment Ex-
clude the Disqualified from State
Legislature?
The following letter from j. r. TUCKER,
Esq, formerly Attorney General of Vir-
ginia, will be found interesting. In his
opinion the fourteenth amendment does
not apply to members Of the General As
sembly. We argued the same question two
years ago, and made every point contained
in the letter below ; but, of course, not
with the clearness aud precision with which
Mr.. TUCKER presents these points
"WINCnEsTER, Aug. %, 1871.
z. M 7idbaH, Esq:
Dear Sir,-The question OF the effect oil
the fourteenth amendment of the Federal
Constitution upon the eligibility OF the
members of the next General Assem-
bly, of VIRGINIA, upon which you
rally interests the public mind at this
time. Aud although l am withdrawn from
public affairs, vet rs you and others have
assured me that my views upon the cues
ton will have some influence with those
amongst whom i passed so many years Of
my early manhood, sec no reason why
should not give them at your request,
though l have only time to Indicate and
not satisfactorily TO deyelope fully my rea.
sons for them.
Taxing, for the purpose OF this letter, the
18th amendment as part of the Federal
Constitution, it is to be construed III con.
nection with all other parts of the Consti.
tuition, and in the mode which is prescribed
by the important 9th and 10th amendments
The 10Th amendment provides that the
s'powers not deIegsted to the United States
by the Constitution, nor prohibited 6y at Il
the States, are reSerued TO the States re-
spectively, or 10 the people,"
The 14th amendment, in so far as it re
strains the power Of the States in the ap
pointment of its own officers, and in the
constitution of its own government, is
prohibition upon State power, and trenches
upon the reserved rights of the States. Ii
needs no argument TO show that such &
limitation upon. the "auLonomy Of the
State"-as the Supreme Court calls it il
Texas VS.. whitehall is, upon its right tc
regulate its internal concerns, Is foreign tt
the main purpose Of the Constitution, and
should not be extended by construction be-
yond the meaning OF the terms used in tht
! prohibitory clause, but should be restrained
SO as to carry out the clause fairly, but K
go no farther than the terms require.
The third section OF the fourteenth
amendment is in these words:
"No person shall be Senator or Repre-
sentative in Congress, or Elector OF Prest
dent or Vice-Presiden,, or hold any office
civil or military, under.the United States
or under any State, who, having preyiousl,
taken an oath as q member Of Congress, OF
as an officer of the United States, or as :
member Of any State Legislature, or US 81
executive or judicial officer Of any State, tt
support the Constitution OF the United
States, shall have engaged tD instruction OF
rebellion against the same" ~
The words descriptive of the men who
are disabled as to Office and public trust In
dictate tour classes
/. Members Of Congress.
2. Officers Of the United States.
3. Members OF State Legislatures, ID
4. Executive or judicial officers of States.
1t will be perceived that the trainers of
this article distinguish between Legislators
Estate or FederaD and officers Estate or Fed.
eraH. The word officer Is never applied to
Leelslature-but0 only those who are not
legislators.
The third class disabled ae legislators OF
the State-aDd correspond to the first
class, who are Federal legislators.
When we turn now to the positions, for
which these classes OF men are disabled, We
md there are four classes OF such positions:
]. Member Of Congress.
2. Elector for President and Yice.Pfesi-
dent. II
5. Civil or military officer under United
S, ates. s
4. Civil or military officer under q State.
1t is obvious that the question You pro-
pound Is reduced TO this: Is-a State legIs.