Wilmington journal., 1875-07-23
- STATE OR FEDERAL OEEs
GER ELIGIBLE T. To A SEAT I'm
THE CONVENTION

Our atGentlO0 not having Oeeu ch'leu
to the qustion of the eligibility of office
holders to seats in the coming conven-
tion and being aware of the precedent
set by Judge CASTOR, and others. in
1886, we have made no objection to any
candidate on the ground OF his being
an off ce holder. An examination of
the question satisfies us, however, that
no Office holder and no place holder of
trust or profit is eligible to a seat in
the Convention. Our esteemed cotem
porary the Wilson Advance, if we mis-
take not, first to called public atten-
ton to the point, and We confess that
we can not see how it's argument can
be answered. It says:
1--WE are fully satisfied from an ex-
animation of the Constitution that of
fee holders, either State or Federal,
are not eligible to seats in the Conven-
ton.
The Constitution of 1878 provided
in Sec. 35:
That no person in the State shall
hold more than one lucrative Office at
any one time. Provided that no ap
pointment in the militia or to the of
fee of Justice Of the Peace shall be
considered as lucrative Office"
Under the construction that dele
gate to a Convention was not lucra-
tive Office, Judge CASTOR, Daniel and
other State officers held seats in the
Convention of 1885.
The Amended Constitution of 1885
provided
Sec. 4. No person who shall hold an
office or place of trust or profit under
the United States or any department
thereof or under this State Or any 9th
er State or Government, shall hold or
exercise any other Office or place of
tru.t or profit under the authority
of this State, or be eligible to seat i'll
either house of the General Assembly.
Provided that nothing herein contain
ed shall extend to officers in the Mill
tia or Justices OF the Peace.
A person holding an Office or place
of trust shall not hold or exercise any
other office Or place of trust. 1t seems
plain if there is any meaning i'll the
English language, that this provision
excluding all persons holding an office
from holding or exercising any place
of trust, prohibits Federal or State
officer from holding seat in the Con-
vention, which, to say the least of it,
is a place of trust.
Sec 7, Art IA of the Constitution of
1868, provides.
No person shall hold more than one
lucrative office under the State at the
same time. Provided that officers in
the militia, Justices of the Peace, Com
missioners of public charities and COM
missioners appointed for special pur-
poses shall not be considered officers
within the meaning of this section.
Under this provision, as in the Con-
stitution of 1776, person holding an
Office might be a delegate under the
construction that a delegate to Con-
stitutioal Convention only held a place
OF trust, and is no Office holder.
But in the Amended Constitution of
1873. under which the present propos-
ed Convention was called and will be
held, the above section il the Consti-
tuition of 1863, was amended and pro-
vides as follows
No person who shall hold an office
or place of trust, or profit under the
United States or any department
thereof or under this State, or under
any other State or Government, shall
hold or exercise any other Office or
place of trust or profit under the au-
thorlty of this State, or be eligible to
a seat in either house of the General
Assembly - provided that nothing
herein contained should extend to
officers of militia, Justices of the
Peace, Commissioners of Public Char
tiles or Commissioners for special pur-
poses.
This is the law now, and so it seems
plain to us that no Office holder can be
a delegate to the State Convention,
even if such position is no office, and
only place of trust
Nor is this the only argument. The
Act of the Assembly, calling Con-
ventior, says:
Sec. 2. The said Convention shall
consist of one hundred and twenty del
egates, and each county shall be EMIT
led to the same number of delegates
that it has members of the House of
Representatives under the present
aportionment, and the said delegates
shall have the qualifications required
of members of the House of Repre-
sentatives, of which qualifications the
Convention shall be the Judge
Rv this Sa1tinn Gonna rrol,&o,
tions are required for delegates TO the
Convention that are required fog mem
bers of the House of Representatives
AS, therefore, all persons who hold
any Office or place of trust or profit
under the United States, or any de-
partment thereof, or under the State
or under any other State or Govern
ment, are expressly excluded, by the
Constitution, from becoming members
of the House of Representatives, it is
clear they cannot be delegates to the
Convention. In word. the qualifica
tions of member of the House of
Representatives constitute the test of
the qualifications of delegate to the
Convention. If a man can be q mem
Der OF the House of Representatives,
he can be delegate to the Convention.
Ii he cannot be a member of the Rouse
of Representatives, he cannot be del
egate to the Convention. The Consti-
tuition expressly says, that no Office
holder and no place holder of trust or
profit can be member of the House of
representatives.. No office holder.
therefore, can be a delegate to the
Convention.