Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-01-23
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jan3dt
Maine" Page COS, and after giv.ng !
certain data as To senators ana renfe-
sentatIves, il proceeds to give their /
qualifica tons: Senators must be p /
and representatives, u years Of age; |
members Of both houses must be cit
liens OF the United States, residents in /
Maine for one year and in the district /
or town for three months before cleo |
ton, but no member of Congress. no /
officeholdcr of the federal government I
except d postmaster no paid official Of !
the State" etc. | submit that as the
construction placed upon the term by
the conpilers, who appear to have
been men of eminent scholarship as
the names noted on the fly leaf will in
deatc And, so far as | am concerned, |
propose To leave the matter right there.
We have produced the authority: we
have answered tn definition OF these
gentlemen, and now We hope If they
have any authority the other way they
will produce it in order that the House
may sec what it is.
Mr. SPENCER of Berwick. Mr..
Speaker and gentlemen of this House.
it has = \ stated here that in order
for the I, etmasters OF the 18th Legis
laturc to retain their seats in this
House it viii be necessary for them to
bring themselves within the constitu-
tional exception In other words, the
burden is upon them To show eonclu-
slvely tat they are included in the
words post officer" This l shall pro-
coed to do.
In order To do this, gentlemen. /
shall produce a definition Of the word
most officers 50 convincing, 50 eX
plicit, that | anticipate beyond de
cree OF doubt that no member of this
House viii take execution thereto. The
definition. rs YOU Will observe. excerpts
all post-ofiioers from military service
of any SORT whatever. The authority
which | shall present to YOU IS the
highest in this land. higher than the
definition Of a photographer, hi@aef
If vo5. Will permit me. than the deeisioA
Of this House, higher in this respect
than even tic supreme court o. thus
state. [ shall define the term post
officer" in terms of Il statute al the
United states which WIS in force II
the time our Constitution was born
This law was passed by the tmted
states upon the recommendation el
George Washington, whose picture You
face when You go out through the Ger
rider. IN 1792 and that of course makes
il three years after The establishment
of the most office department. and :.
years before the constitutional con-
yention drafted the Constitution Of TINS
state; and il was embodied IN the laws
Of Maine bF the first Leg stature o.
siaine in the year 1921. With the per
mission of the Chair. | will now read
this law.
"Chapter -. An act more eiteetual-
~ to provide fer the national defence
Nv establishing an uniform miil'd
throughout the United states. section
one is not essential to this argument
exception the fact that the military Pe-
Rod for a man was between the Years
IL and 45.
sec >. And be it further en-
acted That the Vice President of the
tinted states: the officers judicial
and executive of the government OF
the United Sta,es: the members, OF
10th Houses Of Congress, and ulelr
respective officers; ali custom mouse
officers with their clerks; all post-ot-
f;cers. and stage drivers. who are en-
ploved in the care and conveyance OF
the mail of the office OF the Unit
ed States. all ferrymen employed al
any ferry on the post road; all m
spectors of exports: all pilots; an
mariners actually employed IN the sea
service of any citizen or Merchant
within the United States; and All
persons who now are or may mere
after be exempted by the laws OF the
respective states, shall be, and are
hereby exempted from militia duty
Notwithstanding their being above the
age of eighteen. and under the age Oh
forty five years
Now. gentlemen, that is the statute
law of the United States that was in
force at the time your Constitution
was written and had been in force far
81 years: and you will see, as | have
read there that all post officers are
excepted from military service under
the United States, not only at any
garrison in the United States but in
the service of the militia of any state.
Now, gentlemen, if there is any
question about this law / will with
the permission of the Chair, transmit
this law to the clerk of this House,
who may read it and re-read 1t for
vertification. | have here also the laws
of Maine, and il you will look at the
laws of Maine, on page 549, you VIII
find this very same language used
Can there be anything any more def
mite than that? Why, he who runs
may read If / do not forget, at the
opening of this session everyone of
us subscribed an oath, and that oath
was that we would not only support
the laws and the Constitution of
Maine, but the Constitution and laws
of the United States; and this is
law not only of the United States, but
of the State of Maine.
We may decide, gentlemen, that
white is black, or black is white, but
such a decision would onlybe binding