Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-03-17

hnIIS from every species of official influence III the
Constitution had stopped here in its disqualhcaonS
for Office, the common law doctrine, which allowed
many ofict to be held by one person, subject only
to the restriction of compatibility, would have been
affected only to the extent of those provisions But
with republics the. distribution Of Offices has been
at all times favOrite doctrine of policy; and we
find afterwards section %, provision " maj no
person shall hold more than one LerdtfrH @5ce al
uay one time Prooided that no aPpoiatmsnt an
Tie militia or to the Office o. justice Of tas peace
shall be considered as a lucrative oItce."
The effect of this provision to greatly limit the
range of the common law doctrine of Incompatible
offices; it narrowed but did not annul its operation
Among other persons 1t dl not embrace member oil
the legislature who although he received per daem
allowance was not regarded as holding lucrative
office And it is clear that it did not embrace ot1-
ces not derived under this State. And by reason
of the pIoVso it did not embrace that portion OF
the judiciary establishment constituted oil 1ustices
of the peace nor any officer of the militia. 81 thaI
militia officer, although his office had been lucra,
tive in fact could notwithstanding this section hold
another lucrative office, provided the only oo)ecsi'
to such holding was the tacrdtlueneSs OF the once
All other objections that, for instance, OF Incom
patbiy were left untouched, the only effect OF the
proviso being 10 declare that an Office IN the mi
litia should not be deemed lucrative. Whatever
office, without this section, would have been ncom
patible with office in the militia oy reason OF the
nature of its duties lett so still That the pro-
yiSo has never been construed to confer license 10
hold Incompatible offices is obvious from the acts OF
1905 C. 747 and 1909, C. T6T, ReVisal oil lezu, pe
tanned in the Reyisas of 1886 and lSo4,) whlch'
among other things, imposes penalty on JUSTICE
of theepeace for exercising while he acts as suci'
the incompatible offices of clerk deputy clerk, depu-
ty sheriff constable county trustee and Ja!lor-
The provision was extended in 1886 by R. S. C. GO,
s. 5, to embrace sheriff; the omission before was
doubtless because the offices of sheriff and justice
of the peace we're held to be Incompatible at common
law | Blackstone 34g, ct seq: to 1884, and note "a,
D. $685. There never has been made question
about the constitutionality Of this legislation and
it may be safely affirmed, that as to many if not
all Of the offices mentioned, the legislation was but
in atirmance of the common law.
The next great step to diSQualify persons from
holding two offices was made by the Convention OF
1884 By art. f. S. 4, Of the amendments Of the
State Constitution, it is provided " that no person
,chO shall hold any o:ice pt'ce Of trust or P'cft
under the Confederate States, or any department
thereof or under hts State, or any other STATE or
government shall held exercise any other cffce or
pLIce of trust or profit under the authority IF this
State or be eligible to seat in either house Of TIE
General assembly: Preceded, that nothing herein
contained shall ertend to cG,crs an the militia or
justices Of the peace"
The wide range of this provision owes its origin
to two sources Fist, nice distinctions had often
fully between offices and places and between such
of them as were of trust and such were Of profit,
Tor .lucratiye) Second, the public press and poti
clans had been alarming the people for several years
by announcing the mce>Sant conflict OF the public
patronage with the freedom of elections. This
ton cut up by the roots all distinctions between
offices and places, and rendered nugatOry whether
all office called one of profit, or Of trust simply
The prOviSO ha but one effect, and that Is to de-
Glaze that the offices of Justices Of the peace and the
militia shall stand as they stood before and shall
be treated and regarded as though the section
were stricken from the Constitution. For the office
of saving clause is to leave the matter saved just
as it was before the enactment to which the saving
is attached And the section is be read for in
depreciation, Just as if every Office and place.
braced in it. had been specified and named aud those
not intended to be embraced had been omitted. So
that it is perfectly clear that the offices saved stand
unaffected by the section Indeed if this iRerpre-
talon be not the on but that other is to wit
that justices Of the peace and officers in the militia
may hold and EXERCISE without surrendering their
own, any other and every other office and place Of
trust profit it will follow, that justice may be
Judge of the superior and supreme courts clerk Of
any of the courts, sheriff. coroner, constable &c For
the legislative power is not competent to add to the
qualifications of an Office whehthey are fixed by the
Constitution. And so the wholesome restraints of
the common law against incunpatibility will be al
together aoroSaleu Oy pToNlSo 10 cauSe, the o.
ject of which was to ipcreaSe and not TO diminish
Of office This is too unreasonable
to be allowed.
After this brief review, it is now apparent, that,
to the Gisquali6calons of the common law doctrine
of incompatibility, three other classes have been
added by the Constitution. l. The political, which
is embraced in section % to 80, inclusive. 3 The
lucrative 8. All, whether political lucrative,
or of trust; whether cal led Offices or places and
that of these constitutional restrictions affect
a militia officer. lie is left if the Constitution
had been wholly silent upon the subject Of diSqual
is, he is left to the common law
Assuming then, that the Adjutant General is an
off GER in the militia, the question is, whether the
same person can at the same time, hold and
discharge the several offices of Adjutant Gen.
eral of the State; and of Brigadier General of
the Confederate States regular army? | say
hold and discharge, for 1t is not the mere holding
which the public regards, but the discharge of the
duties of an Office which concerns the sovereign.
And it is not pretended that either of these Off
ces is sinecure he that holds must also discharge
and it is not sufficient that man may be able to
do so bV his agents. Certainly not to such off,
as imply that the incumbent is selected because
of personal trust and confidence, and official
aid and adviser.
Whether these offices be inconsistent may be
readily ascertained by learning the duties of EACH
If the officer be not able to discharge the duties at all
tlIneS' as well Wnen each ONCE Is replete with
pressing duties as when the duties are easy and
infrequent in both and may abide delay in
their performance it is clear that the offices are in
Let US see what are the duties Of Id
jutdnt General They may he found in the acts of
the I'd extra session, of Sept. 1861, chap. II, sec
l, %, 46, 60. 81, 65, &c, 81, rs. 80, SO.
lie is the assistant and chief staff officer of the
Governor, as ComnSander-inc chief of the entire body
of militia of the State.
He is. under the Governor, General in-chief of all
the forces of the State, with the rank of Major
General
He is presumed to be az all times present WITH
or readily accessible to the Governor, as it. is a
part of his duty to issue all orders of the Governor
as Cohmander.in-chief. ;
He is Inspector General of the entire body of
militia and such it is his duty to attend to their
enrolment, organization and discipline
He is found to discharge the duties, with certain
prescribed assistants, of Quartermaster Paymaster