The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-03-13

rether between this time and the next
Presidential election, it may be taken for
ayantsd that no further Grant of despot-
ic mower will be accorded to the Presi-
Dental Office. Beside, do not, just now,
care 70 point out the weakness Of one
party, and the strength Of the ether, for
two or three reasons; such kno"ieoge IS
ALWAYS of greatest advantage 10 the
weaker and more corrupt party, while
the strength of the people lies in the
variety of their true interests, and of
( ,bair various views and local attach
ments which may be sacrificed by a
perpstuation of arbitrary power. And,
10 addition, l have lived long
enough to see that propitiods circum-
stances are changed and thwarted by
caprice, rivalry and discord, or other
circumstances which prepare the down.
fall of parties, dynasties and nations.
from which that power, so manifest in
the history of the world, restsrts with
new order.
\ Then, AS you do not care to discuss
general politics, have you any objection
to express an opinion as to the eligibility
of our judges, during their continuance
in Office to any political Office under this
or any other governmentT
The provision Of the Constitution is
prremptory. The only difficulty is in
its application. Suppose President
would call judge to his Cabinet, or
other high or lucrative position, what is
to prevent him from accepting it? Moth
ing but his oath to support the Constitu-
ton of the State, and that Constitution
says he is not eligible to any political
Office ''under this or any other govern
ment." He would violate that oath. Sup
pose he is elected TO the Senate, and the
Governor in violation of his oath to sup
port the constitution of the State, grants
him the certificate of his election, the
Senate of the United States would not,
! am inclined to think, inquire whether
he was Judge at the time of his election,
and so ineligible to such political office
This might depend upon the political
character Of the Senate, as if it was of that
complexion which looks upon States
pretty much as nusances in the govern
ment. Or if they inquired further, 1t
would not probably be as to the political
disability to take and hold the office, but
as to the moral faint upon the man who
proposed to take the Office in violation of
his oath. hold that the Governor is
bound BY the obligation of his oath to
withhold the certificate. And it is still
more certain that this is direct provl-
sion of the constitution against his eligl-
bilitv. and as such is binding upon the
oath and conscience of each member
of the Legislature that he will not
violate it by the election of
an ineligible asprant An honest
Senate of the United States would say
that a man so elected was not elected by
legal and competent Legislature of the
State acting under such prohibition and
disability. In this view the question
goes radically to the power OF the leglsla-
to elect, in violation OF the constitution
of the State. And if the Governor or re-
turning officer refuses the certificate
there is no power to compel him to grant
| it, for the courts would be bound by the
fair Interpretation of the Dist section OF
the Sth article of the constitution, to de-
clare the election void. The moral pro-
position is that as this is a direct and ex-
press provision of the constitution,
The Judge, the Legislature, the
/ Governor, and the courts are bound in
conscience to regard it, and in case
which might be made, under the views
suggested, it would be the legal duty of
those who would be called upon to act in
the premises to maintain the Constitution,
and declare the ineligibility. The oath
to support the Constitution Is an oath
that the taker will not violate in any re-
spect, and the fact of declaring himself
eligible by the act Of accepting such
office when that instrument declares
him ineligible would be certainly queer
kind of casuistry. 1t would be a harsh
proceeding, but I think it would be
ground for impeachment as judge, and
then would come his ineliglblity in the
form of disqualification to hold any office
Of honor, trust or profit under the state.