Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-05-15
yVyy ,ER. EDuUNDS CANNOT BE
CHIEF JUSTICE.

,,,orl, TO saw that the trainers OF the con-
etitution Of the United States were wise,
men. The frame of govern
mont established by them was changed /
only three times after its first adoption /
until the period of our rebellion, and
these alterations or amendments were
all proposed within the first fifteen years
of our national existence. The hrst !
change consisted Of ten separate amend
ments, and were designed for the secur-
.ty Of personal liberty and the rights OF
the several States, being OF that class
nsuallv denominated in State constite-
lions a. ''Bll of Rights. The second
change consisted, simply, in a construc-
ton of s'the judicial power of the United
States" while the third-which IS styled
the twelfth amendment-made, IN re-
atty. the only change in our organic
law from the adoption thereof until De-
cember. 1865 provided for different
mode Of electing President and wee
President from that originally adopted
With the close Of the rebellion, new
clement was to be considered and to
meet and provide for the new condition
of affairs, the thirteenth, fourteenth and
fifteenth amendments were proposed,
ratified by the requisite number OF
States, and became part OF our organic
law. We have stated this much by way
Of introduction, in order to show that
the constitutional inhibition, OF which
we propose to speak, is as old as the
government itself, and one which every
person, lawyer or layman, who IS IA
miliar, in even a small degree, with
American history and politics, and es-
pecially an editor, ought to be IA
miliar with. In order to make it fully
understood, we will give, as briefly as
possible, a condensed history of the ar
ticle in question. Upon the assembling
of the Convention of 1887, or, rather,
after almost interminable debates,
committee of five was appointed to re-
port "a draft of constitution" for the
consideration of the convention. This
committee, on the fifth day of August
and after the convention had been III
session over ten weeks, reported 'dratt
of a constitution" containing, among its
other provisions, this article: 'The
members of each House shall be ineligi-
Bile to, and incapable of holding any
Office under the authority of the United
States, during the time for which they
shall be elected: and the members of the
Senate shall be ineligible to, and incap-
able of holding any such office for one
year afterwards. 1t may be interesting
to those who pirate about ''the earlier
and better days of the republic, and
talk learnedly in reference to the de-
generacy of the age, to state that the
chief and only argument in favor
of this article was that it would
prevent fraud and corruption, and put
aston to intrigues for federal offices on the
part of members of the Congress which
was to be created. 1t was boldly stated
that fraud and corruption already exist
ed in public offices and that intriguing
for promotion or advancement twas be-
coming alarmingly common in the sew
eral States This proposition was re
ported to the convention, and debated in
committee Of the whole. This commit
tee adopted the article, and provided, in
addition thereto, that Senators and Rep
resentatives should not be appointed OF
elected ''to any office under their par
ticular State during the term for which
they were thus chosen" This additional
clause was rejected by the convention by
considerable majority, on the grounC
that no good reason existed for the pro
hibition, and that the power to holC
Office in his own State would attach hin
more firmly to its interests, (which, a.
its representative, he is bound to consul
and sacredly guard, as far as is consist
ent with the welfare of the Union anC
therefore, at most, would only add thu
additional motive of gratitude for dis
charging his duty" Three differen
times did the convention adopt the ar
ticle as reported by the committee o.
five, but during the last twelve days O.
the convention, which was in cOnstan
session four months, the article of TIN
constitution, as it now appears, wa
agreed to- 1t reads as follows IN
Senator or Representative shall, durin!
the time for which he was elected, b.
appointed to any civil Office under tn
Authority of the United States, which
shall have been created, or the Emolu
-. oF oIa1l N,
during such time andno Person holding
any Office under the United States shall
be member of either House during hi
Continuance in Office" Luther Mar
tin, Esquire, Acknowledgement of Mary
land, and one of the delegates in the salt
convention" as he styles himself, ant
who was one of the eminent statesmen
and lawyers of his time, was called upol
by the Legislature of Maryland to ex
plain the constitution as finally agree,
to, and also his part in framing the same
He had strenuously labored for the adop
ton of the article as reported by tn
committee of the whole and after stat
ing his course he goes on to say, that un
only driving away the flies that wer
filed to make room for those that wer
hungry and as the system is now re
ported, the President having the powe
to nominate to all offices, it must be evi
dent that there is no possible securit,
for the integrity and independence o
the Legislature, but that they are mos
nnduly placed under the influence of til
President, and exposed to bribery an
corruption" This was said in the ''earlie
and better days of the republic, when
upon the authority of some, bribery an
corruption were unheard of. The con
stitution, with the Article as last quoted
was ratified in the prescribed form, ant
is still the paramount law of the land
1t distinctly declares that no Senator o
Representative in Congress shall be ap
pointed TO civil office the emOlnmpnt