Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-10-14
Judge Hairston's Case.

Perhaps u was well for Judge uAIRsTos. the
county Judge OF Henry, 20 decline 20 allow tho
use OF bis nsmo as O candidate for the ONCE OF
elcc,or OF President and vice-President OF the
United States Out OF abundant caution he en-
cluded 10 take that step, and, We suppose, no
harm will result. The objection 10 his decna-
fton. n any objection could be raised thereto.
would consist In the fact that whilst Michigan
and other States are teaching the northern
people some lessons on the subject OF States
rights, which are very much needed by them,
Judge HAIEsroS steps aside because he Ia
State ofhcer. We do not understand that State
of1cers are as such Ineligible 10 the ONCE OF
presidential eiector. We quote the United
States Constitution on this point, as follows;
"No Senator or Representative, or person
holding an once OF trust or PROFIT under the
Tnaed siates. shall be appointed as elector."
This provision shows that the fathers intended
the electors OF President and vice-President to
be entirely free from the influence Of the Fede-
raj Government, and regarded them as State
Officers IN fae strictest sense OF the phrase. The
provision we quoted yesterday is also clear upon
the same point. We quote the Federal Consti-
tuition again as follows:
zach State shall appoint In such manner as
the Legislature thereof may direct number OF
electors equal 10 the whole number oil Senators
eatitled In the Congress"
Then follows the provision Just above quoted.
All this language goes 70 show that the Federal
Constitution does not disquaify State officers as
electors Of President and Yice-Presdent OF the
United States, and II either Congress or a State
legislature were 20 attempt TO add to the qualih-
cations OF electors prescribed by that instru-
ment. such legislation would be null and void.
To provide that a person shall not DO elector
who Is United States oficer is equivalent 20 pro-
Siding that person holding State once may
be an elector
But does not the fourteenth article OF amend.
ments to the United States Constitution contain
q new disqualification OF electors? Yes, but IL
applies only to "rebels" 80 called who have not
had their dist utilities removed That article pro-
vides as follows:
"sectiOn 3. No person shall be an
elector OF President and vice-President
VINO having previously taken an oath as mem
Der OF Congress or as an Ofiicer OF the United
States, or as member OF any state Legls-
leture, or as an executive or judicial
OF the United States shall have engaged IN In
surrection or rebellion against the same or given
aid and support 10 the enemies thereof But
Congress may, by vote OF two thirds OF each
house, remove such disability"
Here are many words, but they moan nothing
more than that an unpardoned "rebel" who
held before the war position requiring him to
take an oath to support the Constitution Of the
United States, and has not been pardoned there
for, cannot be a presidential eloctor.
Nevertheless, We do not by any means fad
fault with Judge HAIRsToS for his determine
ton not TO allow the Republicans to raise any
question as 10 his eligibility to the high ONCE OF
elector Of President and Yice-President OF the
United States. The honors OF the position are
Ills already, for the CLEVELAND electors In Viz
ginia are even now as good as elected.