The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-01-14


ssBfeit. ..a.l i0H'
This is the printed article alluded to
above:
A JUDGE is ELIGIBLE To BE CHOSEN
! SENATOR-One, or several of the press
not denying the eligibility of Judge to
he elected Senator, have suggested such
election might be improper, as it would
violate the spirit of the State Constitu-
ton. 1t is strange with all our experience
for period exceeding eighty-fiye years,
such suggestion should be made. The
writer of this paper, desiring the largest
range in the selection of Senator, sub
mits the following views:
A fair consideration of this subject, it
is submitted, dispels this prteended OBJ
lection. In framing the federal constitu-
ton. it became necessary to provide for
representation in Congress, and to do
this. it became necessary first TO nix the
qualification Of the elcctors-ott the voters
then the qualification of the elected.
The first was necessary, because suffrage
is Justly regarded rs fundamental! ar
ticle of Republican government, and 1t
was therefore incumbent TO provide, by
what suffrage, or means representation
should be provided, and this was done by
providing for All election of members of
the House of Representatives, TO be voted
for by persons, qualified to vote for mem
beers of the most numerous branch Of the
State Legislature; and that Senators shall
be chosen by the Legislatures. This be-
lug - fixed, the next branch Of the sub
iect Ia b. settled by the trainers of the
Fedora! Constitution was to fix the quail
f.atiou of the elected. This was done
hv the Constitution Of the United States.
For the House of Representatives he
must be of certain age; must have been
at the time Of election an inhsbitant of
, the State; and during the time of service
must be in no office under the United
States. The qualification of Senators,
To be chosen being the same except they
shall be of greater age and
have been citizens for long
time These disqualiications, or quail
tication>. imposed by the Constitution
of the United States. are all That can be
considered, and no State has the right 10
impose any The States, by ratifying
this constitution, conceded this to the
federal Constitution, and again it is de-
clarrd by it, each house shall be the Judge
of the election returns and qualifications
of lis own members 1t i strange
pretension, that State would, by H. own
constitutional provision, undertake to re-
,ume. in fact or spirit, powers conceded
to another authority. In fact, no such
attempt has been made. Mr.. Madison.
in hi essays on thu qualifications pro-
vidcd in the Federal Constitution, for
Representatives and Senators in Con-
gres>, wisely remarks: II ndcr these
reasonable limitations, the door of this
part of the Federal Government is open
to merit of every description. The late
Mr.. Fe,>cudcn, in some remarks in the
Senate in 1866, in relation to the
powers OF the Legislature in ChooS-
mga Senator. states the question thus:
at tthr legislature is independent of
everything except the Constitution of the
United States. The Constitution of
State cannot bind it" The application
nf any other test, involve, the right to the
exercise of powers, by the States that
might lead, t. the destruction of this
most important and essential representa-
tive branch of the Federal Government
What then is the meaning of the eX-
prrs.ions of the State Constitution: NO
Judge, during his term of office, shall
practice the profession of law, or hold
any other office, appointment or public
trust, under this or any other govern
msnt. and the acceptance thereof shall
vacatc his judicial office; nor shall he dur
inc his continuance therein, be eligible 10
any political office" Plainly this: fla
Judge is elected, appointed or chosen to
position under the Federal Govern
ment. he vacates his State position, and
that he is only eligible to any political
Office under the State. This is all it was
ever intended to mean, and could not
mean otherwise, without being repugnant
to the Constitution OF the
United States. This provision
Of the State Constitution clearly
recognizes the eligibility of Il Judge, by
declaring if he accepts, when chosen Sen
ator. he vacates his judicial office. The
reasoning must be faulty which attributes
to our State Constitution purpose to do
that for which the power does not exist.
The error results from constituting the
provision quoted, to apply to other posi-
tions than State political offices. BY
conining the application to State office,
consistency is maintained and repug-
nance avoided. II would be absurd to
say u Judge of Court could not be elect
ed President, or THAT he would be- incli-
giblc to any appointment by Federal au-
tboritv. The present Constitution, in
this respect, is the same us the Constltu-
ton of 1868. and the several constitutions
of the old State, and substantially the
same "a the constitutions OF other States,
and they have never been construed to
apply rs disquaitcationS, except for
State offices. The whole OF our cXper-
fence rejects any other construction. Re
pcatcd instances too numerous to men
ton. Of Judges having been elected mem-
her, of Congress and chosen Senators
have occurred Judge Richard r.. Par
kcr then ON the bench, was, in 1876, APP
pointed by the Governor of Virginia
senator, and while Senator, elected Il
member of the Court Of Appcrls. Judge
/ Upshur, while Judge, was appointed by
| Presil lent Tyler, a member of his cabinet.
! The history of the whole period Of our
/ government illustrates the fact, that it is
not only impossible for Il State to impose
any disqualification, inconsistent with
the constitution of the United States, and
indeed that none such exist, and no such
attempt has been made. 4 most strik-
/ in" case has recently occurred. Tn"
constitution of 1863, declared as follows;
/ THE person acting as Governor shall
/ not he elected or appointed to any other
office during his term Of service. Gov
crnor Foreman, while Governor, was
chosen Senator. and most clearly he was
eligible to this position. He was not eli
. ,rihla IN any State office