The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-06-09
whv Disqualified Men are Ehglole 70
the General Assembly.


1860 and again in 1870 when the question
was under discussion in North tarol'''"
long before anything was said in our L.s'
lature on the subject. We are 'oi" ''''
the people Of the counties arc 'nN''''' W
reelect to the Legislature some o. t''' So",
tlemen who formerly represc"'eo ."0,'
with 81 mrch ability and fidelity we uo
,,,t .hi,. t,erc is u shadow Of doubt rs TO
the eligibility Of every voter I" the "'i,' q
Assembly yet. inasmnch asthere Is req
ersi law TO punish persons VINO Violate .''e
fourteenth amendment, and ~ we have Tor
orr district Judge q ninny instead OF
lawvcr, we must not be understood rs au'
yising the people TO eject disqualified men
We only say that they can serve without
violating that amendment but we cannon
undertake to say that UNDERWOOD, WIG
took jurisdiction in the EIIrsoN-CHAHo"s
case. would not decide otherwise than VT
should.
That section ofthc 18th amendment Whcl
concerns us now reads as follows:
"No person shall be 4 Senator or kcprc
sentative in Congress, or clcctor ot res
civil or military. under the United S'a'cS'
or under any state. who having previously
taken an oath, as 4 member OF congress- VI
asan officer of the United States, or IL Il
member OF any State Legislature OF u" an
executive or Judicial officer OF any StHIc, 10
s,unort the Constitution OF tie hitcu
States. shall have engaged IN ln>llFrc''io'' oi
rebellion against the same.
This was evidently drawn by a thou2h'-
full lawycr-Thad. stevens. we oe1''''-
who knew that the United states Seh''c
had decided in IN impeachment case that
membership in Congress was not al
"otlicc :" for this section clearly recog-
niZc> the f!ct that it is not. Otherwise.
the words =" officer Of the United states
would have been deemed sufficient to de-
scribe a member OF Congress. Congress.
therefore. in proposing this amendment.
decided formally that nclnhcr> Of Congress.
aud consequently members of state lc-i>-
laturr, are not - o1ccrs.' surely thus
much is clear from the words OF the section
itself.
The popularity Of this section is that
whilst it dl>qualticS men who We're ante
bvllum members OF state Legislatures from
serving in Congress. or in the Electoral
College. or in any Federal or state Office. II
does not di>qual:ty them from serving n
members of n state Legislature. On the
contrary, it seems almost 10 say that they
may so serve possibly because there Is
but little pay attached to the trust, and not
much honor. and because Congress knew
that the services Of such men would be
needed. However this may be, il is certain
that whilst this section cnllmcratcs among
the men disqualified for office not only
former :" members Of Congress. former Of
" iicer> of the United states, former mem
- beers OF state Legislatures, and former eX-
ecutive and Judicial officers of any State"
it omit> the Legislature when it cnumeratcS
the places to which such persons shall not
BE- elected. II merely provides that 10 such
person shall be "a Senator or Representa-
" tive in Congress, or elector OF President
land Nice-Presidcnt, or hold any office,
civil or military, under the United States
g or under any State" This may have
been the result of accident. But whether
it was accidental or not, the omission to
enumerate "the Legislature" among the
places to which the disqualified should not
be elected. leaves to every voter in Virginia
the privilege of serving in the General As
sembly if the people are foolish or wise
enough to elect him for that purpose.
Ifmembers of Congress are not ''ocers, .
members of State Legislature are not.
of off he. hoa
decided by the highest court known to our
Consti tution-namely, the Senate OF the
United States sitting as Il court to try AZ
Impeachment case. The 1h section Of IT.
ticle I'd OF the Federal Constitution is a.
follows:
:" The President, Ficc-Prcsident, and Al
civil officers Of the United States shall be
removed from office on impeachment fol
and conviction OF treason, bribery, or Otlei
high crimes and misdemcanors."
1t is plain, then, that il member o
Congress is an officer he may be impeachcl
and removed from office. But in the cas-,
of Senator BLoUST each of the articles o
impeachment concluded with the word
contrary to the trust and station of ;
Senator" thus showing that the House o
Representatives had decided that Il Senator
was not IN officer; and the Senate dismissed
the case for the reason that Il Senator, no
being an officer, could not be impeachcd un
der that section of the Constitution which
we have quoted above.
Senator BLAIR during the last session OF
Congress, in reply to aqucstion from Scna
for PooJ hrouuh ont the inllnwinu pnint,
which were made in the l.. 5. Senate b,
Senator BAYARp, Of Delaware, Gather OF
the present Senator of that name, whilst
the BLOUNT case above referred to wa,
pending.
The Federal Constitution says that the
President shall ''hold his office during the
term of four years" But as to Senators il
says:
s'The Senate Of the United States shall
be composed of two Senators from each
State, chosen by the Legislature thereof for
six years"
And Senator BAYAED inquired
"Why not use the same language as is
applied TO the President, .Who shall hold
their office for the term of six years. if it
was intended 10 treat il as an Office under
the CONSTITUTIONS"
The Federal Constitution also says:
"No Senator or Representative. or per.
son holdln" an Office of trust or profit uu-
der the United States, shall be appointed al
clector.'
II Il Senator Or Representative had been
regarded as an officer, the language would
have been or" other 'tperson holding al
ftti - n