The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1865-09-20

! Nav e9th, 1868, and is vater quail
fed as prescribed by the constitution
and laws of North Carolina in force im-
mediatelv Delnfc the Goth day OF May.
1891" SC. Th,sprovlse, 4H'tse words I
have put in italics, contains the only pre-
hibition uron the eligibility Of members 70
be found in all these prnciamatlons. 30
far as regards the point under consldera-
ton, the language might be changed with
out any alteration oi the sense. into that
OF permission--Thps; Any "person quail
fled as ,nter under the constitution
| and laws of Nar,h tsarolina immediately
before the Goth Of Nay. 1861, and who
shall have taken ard subscribed The oath
or amnesty. &C., shah be eligible as a
member or such Convention"
There j., then, 40 express requirement
that person Who is the ssiject Of parton
shall have actually received pardon. as a
condition Of membership. Can such con-
dition be implied! 10 this | answer:
That penal and disabling conditions are
no; TO be implied Even when expressed
they are To- be strictly construed. Tins j.
risidly observed 10 construiag those pro
visions of written constitutions which lm.
pose disabilities on the pavers al The peo-
pie sr Of their representatives in the Stale
Legislature. Upon this principle, Castor.
Roman Catholic in religion, ,indlcated
his eligibility to q JudgesNp on The Bench
Of the Supreme Court. to which he vas
called By the wice Of the country, not
withstanding the disabling clause et the
constitution then existing a.a'nst persons
who - deny the truth vt the Protestant fe
liglon.' He maintained, aud with succrss
| thought. IN an argument uns Oelnrr me.
that the right OF the people "r VI thsir &c
representatives. To call Tor the ssrsIcss ul an,
citl1en Ia any sltualinD where inc, bfi,e.
ed lie colld be useful. can oals u taken
away Dy clear cnac yn,enr. and vs. aoi IL
be restricted BY doubli4l iln,li,Ato..
such disability i, not 10 u ii,irirsu
troa the exclusion o. unpa. ,lvnsa person.
is voters. The right % Vote = y. e4r Con.
sltalion 40 test OF The mt II ell as 4
meaiber. representative IN Ceis,cs. i,
ons fcqulrNd to BE- all ishablian. 81 ii,t
State, aud need not rcsldr IN its d., .,
a. rep e,ent>, but ag one ca vote ~ ~.
etecion uaiii ~ r,siae, ia tue llstf, A
ntir under ~ ~, 0ne .sars ~ .naN
II mcilbel u .c House VI I"nlsn>
| lnla las Dre. ,ai,r Decided ~ mia M
nenuiy after iuli u -amrnt aud consider.
a.inl; but every ,g'er 10 such elrcgI,n d
n ired 10 . ia, one Nrafs 81 q. 4. Ia
the firginia .nsgnt,oI ui 1879. ! o.d
ta4rAIble Tor az, wisdom anu cnaract,,
i Is uaderstoui lha man sentlemea ser,
CHOSEN a, delegates irom coint,es "a . h,c,
the. itd not reside, aBa consequently coula
no, nave vaIe'i IN the elrcii6h. Snail II b,
salu that there IS mistake or oversight IA
the Prnclanstion, u this Interpretation b,
true, aud that dIsloyai memo rs nav b,
admItted into the ConseatIvn ihe repl,
=. there - neither mistake mar o,cr;lgh,
The President intended to trus. lne PEG
pie. HE had taken all the security III deem
ed requisite agaiast the return Of .issloya
members. when ie directed the pull. .,
purged and the electors TO be swoff.. "a,
intended to allow the electur BIZ. tnu,
qualified Tree choice Of represent, .es
II IN exercise Of the dl.cretloa conhJed I,
them, they should think their interest,"
wauid be subser,ed by the election oi
persan within the excepted classes. thou
sands Of whom, though involved 10 tech
nIcal gailt. will. IL is presumed. receis,
his cicmency upon the liberal terms he'll,
out by him, he considered il ss thei
affair. not his. As N the foregoing case
Of the inlaut Commoner and nou-residen
member OF Congress or Convention, h
conceived that no serious danger need b,
ap1r.deaded 10 the cause OF reunion, irou
the CHI oIce Of persons from those classes, b,
voters uf approved fidelity.
Il Nor should Il be overlooked, that prac
tically ;nis construction has been sdopte,
b, The Government itself. in no, reqnirin,
pard - a. prerequisite % appointment il