The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-08-02
rro. tl,e pIspatch.I
sr: rFor the DIspatch.J
Joseph e. Johnstof--is He
Eligible 20 the Office OF Governor?

For Tue DlspatCH'J
General Joseph e. Johnston--Is He
Eligible 20 the Office of Governor?
II is not unlikely that the mere personal
contest into which the canvass for the nomi-
nation for the governorship by the Conser-
,vative Convention lfas degenerated may
render It advisable to look beyond the list
OF the aspirants who have SO persistently oc-
cupied the field for several months past for
suitable Governor for Virginia in the pre-
sent emergency. In fact it would be very
satisfactory to that large class OF Virginians
who have abstained from participation in
the present personal contest, and certainly
creditable TO the State, il the Convention
should pursue that course, and thus relieve
us OF the ridicuIe attendant upon the not
very crcditable spectacle now presented.
General Johnston's name has been men
toned heretofore in connection with the
nomination, but the matter has been very
summary disposed OF by the friends OF the
aspirants by the very dogmatic announce
ment that he il not eligible because he will
not have been ga resident OF this State Tor
three years next preceding the election" .
Is he ineligible under this provision Of
the Constitution? It may be here observed
that there has been manifest disposition
upon the part of many Of those into whose
hands the management Of public affairs In
this State were thrown by the anomalous
condition OF things produced by the four
teenth amendment and the reconstruction
acts to extend Acknowledgement as far as
possible among those who, from their pre-
fvious history, had any claims upon the
popular favor in Virginia. In fact the Legs
1ature OF 1SG9-'70 volunteered to enforce IN
this State the DISTINGUISHING clause OF the
fourteenth amendment by requiring test
oath OF all appointecs to office WITHIN Twelve
months of the passage OF the act prescribing
such oath-a superserviceabc act which
not even Massachusetts thought 1T ncces-
sarv to perform.
The Constitution of 177G prescribed no
qualification whatever for the office OF Gov
ernor of Virginia, it being assumed by the
able men who framed that instrument that
the Legislature would never elect any but
4 citizen OF Virginia who was worthy OF
the office The Constitution OF 1881 re-
quired that the Governor "shal have at
tanned the age OF thirty years, shall be ma
tive citizen OF the United States, or shall
have been citizen thereof at the adoption
of the Federal Constitution, and shall have
been a citizen Of this Commonwealth for
five years next preceding his election"
The Constitution OF 1851 contains the
same qualification, with the exception OF
the provision in regard to citizenship OF the
United States at the time OF the adoption OF
the Federal Constitution. 1t is the present
Constitution. framed by Underwood d Co.,
that contains the provision in regard to
residence. That Constitution renders eligl-
BILE as Governor airy citizen OF the United
States, though OF foreign birth, it being
provided in the case Of citizen OF foreign
birth that he shall have been such citizen
for ten wears: and it further provides:
"Nor shall any person be eligible to that
office unless he shall have attained the age
OF thirty years and have been resident OF
this State for three years next preceding his
election" -.
The question arising upon the constrHc-
ton OF this latter clause is whether the
phrase PRESIDENT of this State" is to be
construed as different and distinct from that
of "citizen of this State" phrase not to
be found in the Constitution. II that OBJ
tains, then it follows that man may he
eligible to the Office OF Governor OF Viz
ginia, though he may bca citizen of another
Safe, merely resident here for 4 temporary
purnosc. 1t is not improbable that it was
the purpose OF the carpet-bawgers who
framed the Constitution to ignore anything
like cltiZenShipof state, and to render
eligible to all the Offices in this State men OF
their own kind who came here only for the
purposes of plumber, and that they required
the three years residence not for the pur-
pose Of insuring permanent interest in the
fortunes Of the State, but with view OF
limiting the number OF aspirants in order
that they themselves might have fuller
,,,o ~ tDi
that the Constitution under which we live
authorizes any adventurer to hold the office
OF Governor merely because he has been
within the limits of the State for three years,
while be retains his citizenship in another
State, and at the same time DISTINGUISHES q
lifelong citizen who, on all suitable occa-
sions has manifested his devotion to his ma
five State? :. 1873 ......-
General Johnston was born a citizen OF
Virginia, and his ancestors for several gen.
erations were citizens also. In 1925 he went
to the Military Academy at West Point, and
at his graduation, in 1929, he went into the
United States army, where he remained,
except for an interval Of one year (from
1887 to 1889, until April 30, 1861. when he
resigned the position OF quarter master-gen-
eral OF the United States army in order to
tender his services to his native State, Fir-
ginia, in her hour OF peril. During the
thirty-six years of his military life he had
not been an actual resident Of the. State, for
his duties required him to be elsewhere !
but he. retained his citizenship and ac-
knowlcdccd his allegiance to his mother
State when she needed his services in war
Nav, more, Virginia claimed him as her
citizen, and claimed his allegiance by
virtue Of his citizenship. The Convention
of 1861, on the 18th day OF April Of that
year, Immediately after passing the ordl-
nance OF secession, adopted another ordi-
nance, By which, after directing the Gov
ernor to call troops into the field and or
ganize them for the defence OF the State, it
was further directed, ''that he shall imme-
diately invite all efficient and worthy Eir-
sinians and residents OF Virginia In the
army and navy OF the United States to re-
tire thereirom, and to enter the service OF
Virginia, assigning to them such rank as
will not reverse the relative rank held by
them in the United States service, and will
at least be equivalent thereto, Had Gen.
eral Johnston turned a deaf ear to this in
yitation from Virginia no, allowance would
have been mad" for him upon the ground
that he had ceased to be citizen Of Yir-
cinia because his corporeal residence in
her limits had been prevented by the duties
of his position. Acknowledging his allegi-
ance to Virginia, he did not wait to receive
notice of the invitation to himself and all
Others similarly situated, but anticipated
the call upon him before that call was made
public, the ordinance containing 1t having
been adopted in secret session.
to urls government