The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-03-08

body of sensible men, such is
composed the Constitutional Convention,
if such meaning had been intended,
would certainly have added the word
State. and So decided the matter. But
their decision left out that word, and the
phrase WAS adopted after Il full discussion,
as it now stands-"any political office. ~
Could words be more clear or compre-
hemsive? Again, if the opinions Of the
trainers Of the Constitution are worth any
thing in the consideration Of this subject
we have the word of every member oE
the committee who reported this clause =
headed by Hon. C. J. Faulkner, that
their interest and understanding was
exactly the same as | now take in this
article. Their interest and desire was
to keep the Judicial and political depart
ments Of the government distinct and
separate. The people had had a better
experience with political judges; and
the Democratic party, among other re-
forms, determined to stop, ut once and
forever, the shameful farce Of politico-
judicial proceedings which had hereto
fore disgraCed the state.
But, if it be true that Judges are eligi-
bic to political offices. what is the inevi-
tible result? | confess that my opinion
Of our judicial system was not Of very
elevated character, when | learned that
ten Of our present judges were aspirants
for the position of L. S Senator; and it
is not improper TO guard against this
precedent being established. If my
position Is untenable, then Judge,
while attending the Courts in his circuit,
may use the great means within his
power to corrupt not only the members
Of the Legislature in his circuit, but the
officer, OF election. 4 Judge has I'M
limited power to ''rcwurd his friends and
punish his enemies without let or him
drancr, no matter whether they be law
vcrs or suitorS, but more especially the
latter. Suppose that a. b., the delegate
from Blank county, for reasons satisfac-
tory to himself, is instrumental in de-
fruting the political aspirations of the
judge of his circuit, At the next term
of Court A B. has an important suit
pending before said Judge; is it not
reasonable to suppose that a judicial Off
Ger who will delve into the dirtincsS of
persona! politics will remember the man
who defeated him when he decides that
case? Human nature is the same, whether
wrapped in crmine or clothed in rags.
lfmy position is Incorrect, then there
is no improperly whatever in Judges
mixing up in politics us other regular
professional politicians; for il you admit
their eligibility to one political office,
YOU must admit it to all
| have heard, as retutation
to my position, that Congress
alone is the Judge of the qualification
of it, own members, and that the State
cannot impose qualification not required
by the Federal constitution. When con-
siiered with other CLAUSES of our State
constitution. and the general rule of law,
ARGUMENT falls. For citizen may, by
the acceptance of II position, or by the
commission of some act, surrender certain
RIGHTS which are vested i'll him, and this
surrender may be temporary or perma-
ncnt. In the case under discussion the
disqualification for "any political office,
extends only during his term of office as
Judge. and certainly the surrender was Il
voluntary one upon the part of the in
culnbent | know not, neither do | care,
/ what the decision of Republican Con-
gres, might be upon the subject, but do
/ trust that. n States rights Democrats,
/ and AS citizens who desire TO see the
/ highest power in the State freed from the
/ pcrnciou, Influences OF partizan politics,
I that this admirable clause of our State
| constitution will be sacredly regarded.
/ This question was more than once pass
ed upon by the legislature Of Virginia,
but sort of test case was made at
Richmond, during the war. Judge
Allen. said to be the most
popular man in the State, was Il candi-
date for the senate a provision, almost
like the one have quoted; was
in the Constitution; the question
rs to Judge Aliens incligibilty was
raised, | think, by Mr.. Green, Of Hardy
county; II warm debate cnSucd, which
consumed the greater portion of three
DAYS. OF course no decision IN fact was
1 had-the legislator having no power to
/ pass upon questions of that kind; but it
/ !. enough to say that Judge Allen was
defeated. If true, and space permitted.
|. could give other instances Of
/ like nature; but even without argument
or precedent l think the people general
/ " heartily endorse the position here
/ taken. and will not countenanCe any act,
1 either Of legislature or private individu-
ais. which corrup;s our Judiciary by mix
| Ing it up IN Nat Harrison and Others
| of exccratcd mcmory-with the plots,
schemes and iniamy of personal politics.
OLD AMERICAN.