The Cleveland leader. [volume] (Cleveland [Ohio]) 1865-1865, 1865-07-19
Yesterday Evenings Edition.
IaPORTANF DECIsIOS.

NEW YORK, July 19.
The following decision has been rendered
by Attorney General Bowden of Virginia
RICHMoHD, VA, July IA, 1865.
To Hon. r. II. PiSTPont, GoU. of Va:
SIR Your note If the 13!h inst, inqui- I
ring whether persons who held Office under
the sO-cslled Southern Confederate State
Government are eligable to county offices,
has been received. My opinion is that
such persons are not eligible to any consti-
tuted offices. The first section of article
three of the Constitution provides that
q no person shall vote or hold Office under
this Constitution who has held office under
the SO called Confederate Government, or
under any reoellious State Government or
who has betn q member OF the sO-called
Confederate Corgress, or q member OF any
State legislature in rebellion against the
authority of the United States; excepting
therefrom county officers" There are
county offices which are Offices under this
Constitution. Under the provision cited
ali persons embraced therein are reprohibited
from holding Constitutional Offices In this
prohibition are not included such persons
as heretofore held mere county offices under
any rebel State Government. l regard
this SIS the true Interpretation of the pro-
vision in question. The Article is mainly
employed in describing the classes of those
who shall not hold Office. have therefore
construed the s-Gexcepting theref-om
county offices" so ss to accord with the
general intent of the provision, not as
meaning persons holding office under the
Confederate Government, and could be
| elected to county offices, but as meaning
that sll persons who have been mere couR.
ty officers may hold any constitutional
Office. One of tWOinte1 pretstions must be
given TO the section in question. 1t was
Inc intention Of the trainers Of the Con-
stitution, either first to limit the illegibility
OF the classes mentioned TO mere county
officers or exclude sll classes mentioned
save county officers from illegiblhty to an
Office, and confer on mere county officers
the right 10 be held to any position
while q county officer or otherwise,
IL am clearly Of the opinion that
the latter is the true intention. The con-
trary construction of the section would
be attended with many anomalies. First,
it would permit any officer ofthe so-cslled
Confederate Government to hold county
Office when, by the terms Of the article 81
originally adopted, and as 1t stood until re-
Gently amended, he could not vote for an
other person for the same office. Second,
) County Offices of merely legal and limited
I iurisdiction would be placed under the same
: ban with the highest officers of the So
called COnfederacy or rebelious State gov
ernment. Again, as 1 have already said
| the section in question is mainly employed
g in describing the classes of persons moi
eligible to office. This construction &C
{ cords with the general intent, |. G. 1t con
strues the words, excepting thereiron
county officers" IS descriPtia PersO1aaTlIn
? are not, as indicating the offices to Whicl
1 the prescribed classes are, Notwithstanding
their prescription, eligible The oPiniol
. am giving refers merely to constitutions
Y officers. AS to such officers as are nc
created by the constitution, the prohibition
q before mentioned do not apply.
IF Very respectfully
s THos r. BowDEE,
. ~ Attorney General of Virginia.