The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-06-22


We ber General PArSE's pardon Tor
us,nc n. name 80 freely; yet we suppose
!. q .xcns.ble so TO do under the circum-
s,snces. II seems to be gencras oe'ie'
ss..nst were not for his disabilities ne
~o,,d he nominated for Governor. we
shou,d never have used his name 10 TINS
connection had Il not been announceo Us
BY DTS authority that he was unable 70 run
for Governor.
The WIG OF yesterday raises new anu
very nice point In the case. IL quotes sec
finn OF Article III. OF the Constitution
as follows: IN
!. An elections shalt be by ballot, ana all
ucr.ops entitled TO vote shall DC ehg,p'e 70
anv oflice within the gift OF the people, eS-
cent as restricted In this CONSTITUTION.
That Is a plausible, not to say gooo' ar
gument. But let us examine i closely.
first, let us again illustrate our pos't'on.
GroaeE ID. wiss was elected to Congress In
November, 1850. The law OF Virginia pro-
yides that no man shall hold an Office 10 TINS
STATE who holds any sort OF place under the
Federal Government or receives any emoiu-
men, whatever from the United States.
GEORGE WISE nevertheless held the Office OF
Commonwealth attorney until the last OF
February, Issl--about three months after
his election to Congress. How could ne 90
so: Simply because, though elected III NO.
yember, he held no place or post under the
limited States Government, and received no
enactment from the United States, before
the An OF March, 1881. In other words, he
was eligible in November--that is, bad the
capabIlIty OF beng elected, though be bad
no, at that time the capability OF taking the
place.
Again: A young man who will become
OF age the day before the election next NO
yember msy register in October. lie VIII
no, he capable Of voting in October; but
he will be capable OF registering-of pre-
pairing to vote.
Now. il General PAYNE has at this time
the capabiIty OF being elected, the Legisla-
turc has the power to remove bis disaDili-
ties between the time OF the election and
tic time for him to take office. An act OF
Assembly absolutely disqualides him, or at
tempis 10 do SO; but as II is well settled
that toe Legislature cannot add to the quail
fications prescribed by the organic law, we
take the case as presented yesterday by the
Vhig, repeating that the question raised Is
avery nice one.
Penal statutes are TO be construed strict
ly-that Is 10 say, the benefit OF every doubt
is TO be given to the person they operate
upon and against the State. The sole OBJ
iecl Of the section quoted by the wing
fand reproduced aboye) is 10 secure the
right TO hold Office to the negroes. IL was
inserted by the UNDERWOOD Convention out
of abundant caution to prevent the Legis'a-
tue from providing that negroes (who were
made voters by That Constitution several
years before the ratification Of the fifteenth
amendmenp should net hold office. 1t was
not intended TO declare the ineligibllity to
Office OF asy class OF persons. In word,
il was not meant to be penal statute at all.
1--WE suppose it is not necessary for us 10
say that constitutional provision may be, in
the language Of the courts. penal statute.)
Nevertheless, as the Wing has quoted 1t as
such. we have treated IL as such, and de.
nsnded that IL shall be strictly construed
in the interest OF the persons who might be
wronged by wrong construction OF Its
pbrascology. We argue, then,
1. That the provision quoted is not a
penal one at all, and was never intended TO
say who should not hold Office, but who
should hold office.
2. Though IN providing that certain per.
sous shall be eligible to Office it would Or
dinarily be necessarily provided that no
Others should be so eligible, yet in the
case OF the provision under consideration
the intention Of the trainers OF the Consti-
tution being not to exclude anybody, but
10 include certain hitherto prescribed
class. the provision must not be so con-
strued as TO make it disqualify anybody.
3. The qualifying words " except as re-
stricted in this Constitution I" must be so
construed as not to allow this provision to
disquaify any person not elsewhere dis
qualified in the Constitution.
l. Aud, therefore, again General PAYNE
must be allowed the benefit OF paragraph
Sd OF section OF Article III. Of the Consti-
tuition, which does not declare him ineligi-
bic TO Office, but merely declares that he
shall NOT hold office while under disabilities.
The Legislature can remove his disabilities
In December, and make him capable OF
taking Office. He cannot vote nor take
Office In November; but he can take office
after his disabilities are removed. That
third paragraph does 10 effect declare that
he may be our next Governor IL the Legis-
lature will remove his disabilities before
January. The provision quoted by the
WHO was intended to mean nothing more
than that negroes shall be eligible TO office,
AMI, therefore, cannot be construed to the
prejudice OF General PAYNE.