“The chancellor and judges of the Supreme Court shall not
at the same time hold _any other office_, excepting that of
Delegate to the General Congress upon special occasions; and
the first judges of the county courts in the several counties
shall not at the same time hold any other _office_, excepting
that of _Senator_ or Delegate to the General Congress.”[300]
Here the post of Delegate to the General Congress, and also of
“Senator,” is treated as an “office.”
Surely this is enough. The post of Senator is an office of honor or
profit, and a “Senator” is an “officer.”
* * * * *
2. But, assuming that the post of Senator is an “office,” and that a
Senator is an “officer,” the question occurs, To what “department of
the public service” does he belong?
Clearly he is not of the “military” or “naval” department. But if not
“military” or “naval,” he must be “civil.” Here again consult the
dictionary. I cite Webster.
“_Civil._ It is distinguished from _ecclesiastical_, which
respects the Church, and from _military_, which respects the
army and navy.--This term is often employed in contrast with
_military_: as, a _civil_ hospital, the _civil_ service, &c.”
“_Civil List._ In England, formerly, a list of the entire
expenses of the _civil_ government; hence the officers of
_civil_ government, who are paid from the public treasury;
also, the revenue appropriated to support the _civil_
government.”
“_Civil State._ The whole body of the laity or citizens, not
included under the military, maritime, and ecclesiastical
states.”
To say that a Senator is not included under this comprehensive, but
distinctive term, is simply an absurdity.
It is evident that Congress adopted the words of the statute because
they were comprehensive and distinctive. They obviously comprehended
all “officers” in the “public service,” whether “elected,” like a
Senator, or “appointed,” like a judge. But, beyond their plainness,
these words had this added advantage, that already for more than a
generation they had received a practical interpretation from Congress.