Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1898-12-20

on Joirt ballot In Migrant violation OF the
| Constitution.
II is stated that, if necessary, they will
commit this political crime by fraud and
violence.
as evidence that we have the law and the
right on our side, subjoln few opinions
bearing on the case.
/ In the contest case of John P. Van Ness
in 1902 the Committee on Elections report
ed favorably on the following resolutions
and his seat was declared vacant: "Resolv-
ed, That the Committee on Elections be and
| they are hereby instructed to inquire wheth-
| er John p Van Ness, one of the members
of this House from the State of New York,
| returned by said State to serve as one of its
members in the 18th Congress of the United
States. has not since his election as mem
| Der of this House and since he occupied
scat as member. accepted of and exercised
the office of n major of militia under the
authority of the United States within the
Territory of Columbia and thereby forfeited
| his right to seat as a member of this
| House." CLARK and Hall, p 1927. The
expelled member commended that the provi-
| sion of the Constitution only applied to a
civil office; but the House decided the con-
| trary.
During the second session of the 2sth
Congress, Congressman Yell, of Arkansas.
was elected Colonel of n volunteer regiment
and went to Mexico with his command
| He did not resign his seat in Congress. but
| the Governor of Arkansas construed his
acceptance of a commission in the army as
vacating his place in the House, and order
ed special election i'll Col. Yell's district
| A member elected was allowed to hold his
seat by Congress-
Senator sewell, of New Jersey. during the
second session of the 55th Congress was of
| lered commission us Maior-Geueral He re-
| fcrrcd the matter to Acknowledgement Briggs
who decided adversely, and on Nav I9th SEN
ator Sewcll sent the following letter of decli-
nation
''Mr. President, / beg to decline the COM
mission of Major-feneral of Volunteers with
which you were kind enough to distinguish
INC, and which was unanimously confirmed
by the senate take Ibis step with great re-
i luctancc and only do so because advised that
the holding of the commission, while occupy
ing seat in the Senate of the United States,
is Incompatible with the provisions of the con-
stitution. desire to express my deepest graf
itudc for the honor and distinction conferred
by this appointment, and regret exceedingly
that / cannot enter the field to serve the
country while holding a seat in the Senate.
which would not be justified in giving up
under the present circumstances. In this view
my republican colleagues have expressed their
sentiments in q letter addressed to me sug-
costing that my duty is to remain in my pres
cnt representative position. With the highest
consideration, am
Very Truly Yours.
w. ]. SEwELL.''
Gen. Joe Wheeler. Immediately after ac-
cePting his commission as II Major-General
voluntarily declined to vote in Congress or
draw salary as Congressman. On June 18th
l'Attorney-General FitZ. of Alabama. rendered
u decision declaring his seat in Congress va
cant, and special election was called to fill
the vacancy, taking place upon the same day
as the regular congressional election.
EX-President Benjamin Harrison held the
office of Reporter of Supreme Court decisions
in the State of Indiana in 1880. He appointed
one. Col. Kerr. ms his deputy to report the de-
cisions of the Supreme Court. The Court de-
cided in Kerr VS.. Jones, 10 Ind, 35I, that the
office of Colonel of Volunteers and the office
OF Reporter of decisions of the SupremeC court
were both lucrative" offices, within the
meaning of the Constitution, and at the nc :
Septance of the colonelcy vacated the Office of
Reporter. and that benjamin Harrison being
no longer Reporter could not appoint deputy
in Michigan the Constitution provides that
no person holding office under the State shall
execute the office of Governor. In Attorney
| General VS.. Common Council of Detroit, 20
| NV. Rep. 40, held that the mayor of CITY
| by accepting the office of Governor, vacated
the Office of mayor.
similar to that of West Virginia, the Supreme
! Court held that n retired Army officer occu-
| pies lucrative Office and is therefore iueligi-
| bic to State office. State vs.. De Gross, IS
Texas. 3S7.
| In Seary vs. Grow. Is Cal. 14S, under a
similar provision to that of the West Virginia
Constitution, Court held that one holding Il
| Federal office cannot even receive votes So as
| on or after resigning the Federal office.
Judge John Braunon, one of the most
| learned jurfsts of West Virginia. in public
interview shows conclusivcly that the Consti-
tntion means that one in the service of the
| United States is disqualified from either hold
ing or being elected to n seat in the Lcgisla-
ture, and when he ceases to hold his seat it
becomes vacant and new election is ilnpera-
tive.
Acknowledgement Montague, of Virginia,
decided this year that all State officers who
had accepted commissions in theUnitedStates
Volunteer Army had vacated their offices.
The Attorney General of Ohio decided this
year that state Senator would vacate his
seat by accepting n captaincy in the Uni
ted States Volunteer Army. An exactly par
allel case to the one ut issue
To my constituents in particular, and the
Democracy of West Virginia in general l
pledge my fnten ion to have the seat to which
stand elected, expose the Republicans to
the count umcy of all right thinRiug men as
traversers of the Constitution and violators
of law
Resting my case before the tribunal of a
law-ahiding people, l assure them that know
my rights, and knowing dare maintain them.
Respectfully,