The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-08-30

created for members of Congress--the
Federal legislature; and there is no
mention of such disability as to the
State Legislature. Why the omission ?
1t was designed and not accidental-be-
cause, 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, and omit them
when describing the posts for which
they are disabled? Why mention the
Federal legislators in both cases. and
the State legislators in the one case and
omit them in the other.
can readily perceive two reasons at
least, which gave rise to this discrim'
ination.
First The amendment designed to
exclude those whom it denounced as
rebels from influence in all the Depart
ments of the Federal Government, and
from the discharge of executive and ju-
dicial duties under the State Govern
ment, but without restricting the free
choice Of the law-making department of
the State by the people. The judiciary
and executive of the State would Git
was thought) check adequately any IRE
bellious" tendency in the Legislature
and the Legislature could but made
quately discharge its functions if the
people were restrained from electing the
best and wisest citizens 10 direct its
legislation.
Second Another reason might well
have been the anomaly or the utter i'm.
practicability Of any judicial procedure
to depose member of legislative
body, or to punish him for representing
his constituents upon their election, &C
cording to any precedent in the history
Of this or of that country from which
we derive our institutions.
The returns, elections and qualifica-
tons OF 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 department or officer, to keep
the doors Of the State Legislature, to
admit or exclude it's members at will,
or to sieze and try, fine and punish, or
expel some, and by license or permits
sion to leave others remain, would be
such monstrous anomaly in Anglo
Saxon history-would so completely
destroy every vestige Of local selEgov-
eminent, and leave such mere shadow
Of State autonomy, as that we dare not
presume to have been conceived by the
trainers Of the fourteenth amendment.
By such construction az will give this
effect to this amendment, the law-mak-
ing power Of every State would be but
an Office to register the edicts of the
Central Government; the State Legis.
latures become its supple and willing
,epresentatives-and popular represen-
tation would be at an end
Indeed, it is obvious, had it been in
tended to effect this result, nothing
would have been easier than to have
manifested it clearly by adding the
words used in the former part Of the
section in describing the person dis
abled-thus: "or be a member of
State Legislature" The omission OF
such words cannot be explained but
by the supposition that it was not de-
signed to impair the freedom OF cleo
ton OF members Of the State Legisla-
lures by the people.
For recurring to the rule Of con-
struction laid down in former part OF
this letter, It may be asked, does this
amendment prohibit the election Of the
disabled classes to the State Legisla-
ture? Does it do so in terms2 Clearly
not If not, what rule Of construction
requires, or even permits, the extension
of these terms Of prohibition to en-
brace a case, which, if included, is
against every principle Of free gov
eminent in the States? May | not 60
farther, and say that the spirit Of the
Constitution and it's letter demand that
we lean against such a construction as
we include within the harsh operations
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 accordant with other
provisions Of the Constitution.
The distinction between a civil Off
Ger, State or Federal, and a State or
Federal legislator, is everywhere made
in the Federal Constitution.
In Art. l, rs, C. 2, it is provided that
mo person holding any office under the
United States shall be member OF
either House during his continuance in
office" If, as a 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 a member Of Congress is
not a person holding an office under the
United States.
Art. ,, Il, C. .: "No Senator or Rep
resentative, or person holding an Office
of trust or profit under the United
States, shall be appointed elector."
Here the distinction is clearly made
again.
So in in Art. 6, chap. 3, the same dis
tinction is made in requiring an oath to
support the Constitution of Senators
and Representatives, OF members Of the
State Legislatures, and of all executive
and judicial officers of the United States
and of the several States. 1t is then
added: But no religious test shall
ever be required as a qualification to
any office or pubic trust under the
United States" Here distinction is
made between an office and public
trust. The legislator holds public
trust but not an office.
Throughout the Constitution the
President, Vice President and judges are
spoken of as holding offices, but in no
case is the word office applied to
member OF Congress.