The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-07-19
FROM THE SOUTH.
A Constitutional Decision.
Latest from North Carolina.
ouinioa of Attorney General Bowden,
of Virginia, ON Ihe Right of Rebels
10 Hold Office

Press Dispatch.l
New YORK, July 19.-The following
decision has been rendered by Attorney
General DOWd,a, 6f N'.:
RICHMOND, VA, July ii, 1860.
To Hon 7. Il Pjapeiut, Gorcr"or Of Vir
ginja:
SIs-Your note of the 18th inst, in
curing whether persons who held Office
under the s0-Called Confederate or any
rebellious State Government are eligible
70 county offices, has been received. 1t
is nv opinion tha. such persons are not
eligible to any constitutional offices
The first section Of Article 2 of the Con
stitution provides that no person shall
vote or hold Office under this COnstitu-
ton who has held Office under the so.
called Confederate Government, or M
der any rebellious State Government, OF
who has been a member Of the SO called
Confederate Congress, or Il member OF
any State Legislature in rebellion against
tAe authorities Vt the United States, eX-
cepting theretrom county officers. There
are county Offices which are offices under
this Constitution. Under the provision
cited all persons embraced therein are
prohibited from holding Constitutional
Offices. In this prohibition are not in-
cluded such persons as have heretofore
held mere county offices under any rebel
State Government Iregard this as the
true Interpretation If the provision in
question.
The article IS mainly employed in de-
scribing the Glasses ot persons who shall
not hold Office. have therefore constru-
ed the words excepting therefrom coun-
K officers" so rs 10 accord with the gen
eral intent Of the provision, not rs mean
ing that persons holding Office under the
Confederate Government, &c, cOuld be
elected to county Offices but rs Nleauing
that all persons who have beeH mere
county officers NAV hold any ConStitu-
tional Office. One Of two interpretations
must be given to the section in question.
1t was the intention of the trainers of
the Constitution either, first, TO limit the
eligibility Of the classes mentioned to
mere county offices, or, secondly, to ex-
clude all classes mentioned from availa-
bility to any office, and to confer on mere
county officers the right to be elected to
any position am clearly of the opin-
ion that the latter is the true intention
The contrary construction of the sec
tion would be attended with many an
omalies. First, it vould permit an officer
of the so-called Confederate Government
to hold county Office when by the terms
of the article as originally adopted, and
as it stood until recently amended, he
could not vote for another person for the
same Office Second, county officers of
merely local and limited jurisdiction
would be placed under the Same law with
the highest officers of the so-called Con-
federacy or rebellious State Government.
Again, as | have already said, the sec
tiOn in question is mainly employed in
describing the classes of persons not eli
gible to Office. This construction accords
with the general intent if it constrnes
the words excepting thelefrom county
officers" desCriptio personarum, and
not as indicating the officers to which
the prescribed class are, notwithstanding
ing their prescription, eligible.
The opinion am giving refers merely 10
Constitutional officers. AS TO such Obi
GERS as are noticed by the Constitution
the prohibitions before montioneddo not
apply.
Very respectfully,
-