Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-06-10

Exemption Of State OHicerS, &C., from Con.
Scription..-OpiniOn of the Attorney General.
On the 18th December, 1858, the Legislature
passed the following Exemption Act:
AN ACT TO EXEMPT CERTAIN OFFICERS AND EMPLOYEES
OF THE STATE FROM coNsCRPrIoN.
SEC l. Bet enacted By the General Asssn1bly Of
the State of North. Carolina and it is hsre6y en-
acted 6y the authority Of the same That in obedi-
ence to an act of the Congress of the Confederate
States, passed and approved May the 1st, 1858, in
relation to exempting certain persons necessary as
State officers in addition to the State officers
exempted by the act Of Congress passed Octorber
11th, 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 the
State government, viz: All Justices of the Peace,
whose appointments were made previous to May
1lth, 1853, County Trustees, County Solicitors,
Registers, Lax Collectors one Deputy Sheriff in
each county where there is no tax collector, Coro
ners, Constables who entered into bond previous to
the 11th of May, 1S6S or their successors in Office
one Deputy Clerk for each Court requiring it one
County Commissioner for each county for dstribu
ting money and provisions amongst soldiers fami-
lies Agents appointed under an act of Assembly for
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
Sec. q Be it further enacted, That the General
Assembly doth claim and exempt all the different
classes of officers named in section first Of this bil
IA obedience to the act Of Congress approved May
1st 1868.
SEC 8. Be 1t further enacted, That this act shall
be in force from and after it's ratification.
Read three times and ratified in General Assem-
bly,, this 14th day of December, A D., 1858.
K. S. DONNELL, s. H. G.
GILES MEBANE, S. S.
On the 2Sth rlt, tLs Legislature passed the fol.
lowing preamble and resolution, reafirmipg and
enlargng the above act:
RESOLUTIONS ExENPTRG STATE AND OTHER OFFICERS
FROM CoNscRIPTIoN.
WHEREAS, The fearless and free discharge of the
officers of the State is essential to the preservation
of sovereignty; and, whereas, Congress has no
power to conscript State officers and as this Gen.
eral Assembly has already, by an act declared GER
tain officers and employees of the State exempt:
ResOLUed, That this State demands exemption
from conscrption of all the Civil and Military off,
GERS thereof and also all County Surveyors and
Jailors, and all and every class of officers named in
IAN act to exempt ce rtain officers and employees
of the State from conscrption" passed by this Gen.
eral Assembly at its adjourned session in 1853 and
ratified the 14th day Of December, 1853.
Read three times and ratified in Genera Assem-
bly, this 28th day of May, A. D., 1854.
R. S. DONNELL, s. H. G..
GILES MEBANE, S. s.
Some doubts having arisen as to the proper con-
struction of the above resolution Gov Vance asked
the opinion of the Attorney General who addressed
to his Excellency the following:
RALEIGH, MAY 2SrH, 1864.
His ErcelLsney, Gov. VANCE
SIR Yours Of this date has been received
Upon an examination of the two acts, am of opin-
ion tbxt'all Constables legally appointed, whether
SUCCESSORS or not, are intended to be exempted
by these acts.
Further; am of opinion that the resolution of
this session is not to be limited BY the act of 1863.
On the contrary, the resolution claims the exemp-
ton of "aU csUiL and military officers" and in addi-
ton, surveyors and ailors and such others as are
enumerated in the act Of 1868, Such as commi SON.
ers, deputy clerks, &C., &c.
am yours respectfully,
SION II. ROGERS,
Attorney General.