Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-06-15

Exemption of State Officers, &C., from Con.
scription-..Opinioa Of the Attorney General.
On the 18th December, 1868, the Legislature
passed the following Exemption Act
AN ACT TO EXEMPT CERTAIN OFFICERS AND EMPLOYERS
OF THE STATE FROM coNscRIPTIoN.
SEC ]. Best enacted by the General assembly OF
tho State Of North Carolina. and It Is hereby on.
acted BY the authority of the some, That in obedl
ence to an act of the Congress of the Confederate
States, passed and approved May the lst, 1858, in
relation to exempting certain persons necessary
State officers in addition to the State officers
exempted by the act Of Congress passed Octorbe,
l1th, 1862: the Governor of the State having claim
ed and obtained the exemption of the following off
GERS necessary to carry on the operations Of tn.
State government, viz: All Justices of the Peace,
whose appointments were made previous to MAY
1lth, 1868, County Trustees, County Solicitors
Registers, Tax Collectors, one Deputy Sheriff IL
each county where there is no tax collector, Coro
ners, Consables who catered into bond previous t.
the 1lth of May, 1868, their successors in Office
one Deputy Clerk for each Court requiring it, ONE
County Commissioner for each county for distribu
sing money and provisions amongst soldiers fami-
lies, Agents appointed under act of Assembly 70,
any duty, Commissioned Officers of the Militia OF
this State, and Commissioned Officers of the Home
Guards, Mayor and Police of Raleigh, Wilmington,
Salisbury, Charlotte Fayetteville and Goldsboro',
Counsellors of State, Board of Internal Improve.
ments, and Literary Board, and employees Of the
State Government in the different departments.
See. Q. Be 1t further enacted, That the General
Assembly doth claim and exempt all the different
classes Of officers named in section first Of this bill,
in obedience to the act of Congress approved May
1st 1868. 49,
SEC. g. Be it further enacted, That this set shall
be in force from and after its ratification.
Read three times and ratified in General Assem-.
bly,, this 14th day of December, A. D., 1868.
R. S. DONNEI.L, 8. H. c.,
GILES MEBANE, s. s.
On the 18th ult., the Legislature passed the fol
lowing preamble and resolution, re.afirming and
enlarging the above act:
RESOLUTIONS ExEAPTING STATE AND OTHER OFFICERS
FROM CONSUMPTION.
WHEREAS, The fearless and free discharge of the
officers of the State ia essential to the preservation
Of its sovereignty and, whereas, Congress has no
power to conscript State officers and as this Gen.
eral Assembly has already, by an act decared,cer.
tain officers and employees Of the State e1empt:.
| Resolred, That this State demands exemption
from conscripton of all the Civil ard Military 6fi.
GERS thereof and also all County Surveyors and
Jaiors, and all and every class Of officers named in
| "an act to exempt certain officers and employees
Of the State from oonscrpton, passed by this Gen
eral Assembly 1t its adjourned session in 1862 and
ratified the 14th day Of December, 1858.
Read three times aud ratified in Genera: Assem-.
bly, this SSth day Of May, A. D., 1854
| r s. DONNELL, s. II. G.
| g GILES MERANE, s. 8.
/ Some doubts having arisen Is to the proper con-
struction Of the above sesoution Gov. Vance asked
the opinion of the Attorney General, who addressed
to his Excellency the following: ..,..
! RALEIGH, NAY 2STH, 1864
His Ereellency, Gov. VANCE ,-... .s
! Sir: Yours Of this date has been received
Upon an examination Of the two acts, sm Of opin.
ion that all Constables legally appointed, whether
" successors or not, are intended to be exempted
| by these acts.
Further; I am Of opinion that the resolution o.
this session IS not to be limited by the act Of 1883
| On the contrary, the resolution claims the exemp
ton Of all c,oil and military officers" and, in addi
tion, Surveyors and jaloss and such others as an
enumerated 10 the act Of 1868, Such as commi on
ers, deputy clerks, &C., &c.
/ : am yours respectfully,
.. r- SION H ROGERS,
J. .. "a. J. Attorney General