Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-07-19


Virginia.
NEw YORK, July Is The following decision
has been rendered by Attorney General Bowen,
oil Virginia:
RICHMOND, VA. July Is, 1866
To Hon r. IA PierpOnt, Governor Of Virginia:
SiR-Your note Of the 18th instant, inquiring
whether persons who held Office under the So
called Confeleracy or any rebelous State Gov
eminent, are eligible to county ofhces, has been
received. In my opinion, no such persons are
eligible 10 any constitutional Offices.
The first section OF the article of tue Consti-
tuition provides that no person shall vote or hold
Office under this Constitution, who has ever held
Office under the so-called Confederate Govern
ment, or under any rebellious State Government,
or who has been member of the 50 called Con
federate Congress, or a member of any State
Legislature in the rebellion against the authority
OF the United States, excepting theretrom county
officers. There are county Offices which are
offices under this Constitution under the provi-
sion cited-all persons embraced therein are
prohibited from holding constitutional Offices
In this prohibition are not included such persons
as have heretofore held mere county Offices under
any rebel State Government. | regard this as
the true Interpretation of the provision in ques
ton.
The article IS mainly employed in describing
the classes OF persons Who shall Dot hold Office.
have therefore construed the words excepting
therefrom county officers" to accord with
the general iutont of provision, lot as meaning
that persons holding Office under the Confede
rate Government, &c, could be elected to com
ty Offices, but a. meaning that all persons who
have been mere county officers may hold any
constitutional flee: ole Oi the two interpreta
tons must be given % the section in question.
Ii was the intention OF the trainers of the Con
stitution either first 10 limit the eligibility of all
the classes mentioned 10 mere county officers, or
secondly, TO exclude all classes mentioned, save
county officers from eligibility to Office and TO
confer OF mere county officers the right to be
elected 10 any position in a county office or other
wise
arr clearly of the opinion that the latter IL
the true intention. The contrary construction
OF the section would DE attended with many
anomalies. First, il would permit any officer of
the so-csled Confederate Government to hold a
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 per-
soh for the same Office. County officers OF
merely local and limited jurisdiction. would be
placed under the same ban with the highest Off
GERS of the so-called Confederacy or rebellious
State Government. Again, as L have already
said, the section in question is mainly employ ed
in describing the classes OF persons not eligible
to Office
This construction accords with the general in
tent. 1t constructs the words, excepting there
from county officers, AS descripte personarum.
and not indicating the offerses to which the
prescribed classes are. notwithstanding their pro-
seriptiOn, eligible The opinion | am giving re-
fers merely to constitutional offenses; to such
ofienses as are not created by the Constitution.
the prohibitions before mentioned do not apply
Very respectfully.
Signed THOMAS K BowEN.
Attorney General of Virginia