The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1871-10-05
QUALIFICATION OF MEMBERS OF THE
LEGISLATURE.

LEGISLATURES.
IN several editorial articles published in |
the Virginiaa some time past, we maintain
ed the position that persons disqualified by
the 14th amendment to the Federal Consti- |
tuition were not eligible to seats in the Legis-
lature. The Constitution of the State of Vir-
GINA, and the Election Law, also, expressly
recognize the position of State Legislator as
an office. The 18th amendment, provides
that no person "shall hold aay office, civH Or
military, under the United States, OF under
any State, who, having previously taken an
oath as member Of Congress, or as an Off
Ger of the United States, or as a member of
any State Legislature or as an executive or
judicial officer of any State, to support the
Constitution of the United States, shall have
engaged in instruction or rebellion against
che same or given aid or comfort to the enc
mics thereof; but Congress may, by vote
Of two-thirds of each house, remove such dis
ability"
It is very plain to US, that the position we
have heretofore assumed on this question is
correct. We are satisfied unless relief has
been obtained from Congress, that no person
who has taken an oath to support the Consti-
tuition ofthc United States, and who after
wards engaged in rebellion" or gave aid
and comfort to the South, in her unequal
struggle with the authorities Of the United
States, is qualified to serve as member of
the Legislature. It may be contsnded that
each branch Of the Legislature is the compe-
tent judge Of the qualifications Of its own
members. This would hold good, did it not
come in conflict with the Constitution of the
United States, the supreme law Of the land.
We have above quoted that instrument, to
show how strongly it interposes its authority
to inhibit the acceptance of any office, either
civil or military. 1t is also maintained by
some that the position Of Legislator is not an
office The supreme law of this State express
~ says it as an office. To contend otherwise,
we regard as an affected delusion which
might lead to very unpleasant results to those
who may attempt to act in the face of its in
junction.
For the purpose Of placing the matter
squarely before the minds Of those who arc
ignoring or who propose to disregard our
version Of the question, and to throw them
selves upon the decision of chance in the
oo,,;n. 81 ,yo WI oroto fro,, tho Tn
forcement Act Of Congress, that they may
see the penalty attached to "an attempt" to
hold Office in violation Of the 14th amend
ment The 18th section OF that law provides
that sany person who shall hereafter know
ingiy accept or hold any office under the
United States, OF any State, to which he is
ineligible under the 18th article Of the ameud-
neut ofthe Constitution Of the United States,
or who shall attempt to hold or exercise the
duties of any such Office, shall be deemed
guilty of misdemeanor against the United
States, and upon conviction thereof before
the Circuit or District Court of the United
States, shall be imprisoned not more than
one yeaE Ut HuSO noI eAceeu!uS ohc oHou-
sand dollars, or both, at the discretion Of the
Court
We will add further in this connection.
and we write adyisedly, that Col. r. w.
Hughes, U. S. District Attorney for this
Judicial District, has declared his determu-
alton, to prosecute before his Court, any per-
son who shall attempt to hold or exercise the
Office of legislator, who comes under the con-
domination Of the 18th amendment.
We lay these facts plainly before the pub
lie. If any one sin, he will do it in the face
of ''light and Knowledge and will have no
one to blame but himself, if he should be
compelled to spend twelve months in the Al
bany Penitentiary, and draw from his Golfers,
one thousand dollar bill. Mark, it is with
in the "discretion Of the Court" Suppose
the indictment were made in Richmond, and
the case brought before Judge Underwood, with
Wells as the prosecuting attorney: IF eds
cretion" was ever construed by Underwood
as leniency to rebels. We have yet To learn
It, The full penalty of the violated law
would be meted put by that modern Jeffreys
without the first CLEAN Of charity Or mercy
to soften bis determination.
Col. Mann Splitter, the nominee of the